RAWALPINDI: The Lahore High Court’s (LHC) Rawalpindi Bench has ordered the formation of a high-powered committee to scrutinise proposed amendments to the Muslim Family Laws Ordinance, with particular focus on the contentious addition of Section 10A on matrimonial property rights.
The decision follows a report submitted by the Ministry of Law and Justice, which argued against judicial oversight of pending legislation.
According to the order by Justice Jawad Hassan, the eight-member committee, chaired by the Federal Secretary for Law and Justice, will include representatives from the provincial law secretariats, the Council of Islamic Ideology (CII), the National Commission on the Status of Women, the Pakistan Bar Council, the Federal Ombudsperson Secretariat, and Prof Muhammad Mushtaq, chairman of the Law Department at Shifa Tameer-i-Millat University.
The Ministry of Law and Justice has opposed judicial intervention in legislative processes, asserting that existing constitutional bodies — including the CII, parliamentary committees and ministries — already ensure laws comply with Islamic principles (Articles 227-228) and constitutional safeguards. It warned that pre-legislative judicial review could “undermine the democratic process”.
However, the court directed that the panel would evaluate proposed amendments for constitutional compliance (Articles 2A, 20, 25, 227), alignment with Islamic injunctions (guided by the CII), gender justice in line with Pakistan’s Cedaw (the Convention on the Elimination of All Forms of Discrimination Against Women) obligations, and the practical enforceability of property rights clauses.
The committee must hold public consultations, analyse international models (e.g., Malaysia’s Islamic Family Law), draft court procedure reforms, and propose gender-sensitivity training for judges. Its first meeting is scheduled for June 24, with a report to be submitted under the “Doctrine of Continuing Mandamus”.
The case, Mst Saima Shafi vs. Additional District Judge, centres on amendments proposed by the amicus curiae (friend of the court) Senator Barrister Syed Ali Zafar, seeking to introduce “husband’s asset”, “matrimonial asset” and “wife’s asset” clauses into the Muslim Family Laws Ordinance.
The court earlier expressed concerns about ensuring the amendments’ conformity with Islamic and constitutional principles.
The committee’s recommendations, including dissenting opinions, will be presented to the LHC for further directives.
Additional Attorney General Haseeb Shakoor Paracha will coordinate with amici curiae Barrister Faiza Asad, Huma Ejaz Zaman and Adil Chattha as special invitees.
Justice Jawad Hassan emphasised transparency and ordered the public release of meeting summaries (excluding sensitive debates).
Published in Dawn, June 20th, 2025
