Amidst the vigorous discussion about Uniform Civil Code i.e. UCC in India, it is natural to question whether our neighboring country Pakistan also has such a law. The purpose of UCC in India is to transcend religion and create uniform rules for all citizens in matters like marriage, divorce and inheritance. At the same time, the fabric of the entire legal system of Pakistan is based on its religious and traditional laws. While in India it is being seen as a modern reform, in Pakistan Sharia based personal laws remain the basis of the social system there.

Indian context of UCC

Uniform Civil Code in India simply means that there should be uniform law for all citizens in civil matters like marriage, divorce, inheritance and adoption. It is included in the Directive Principles of State Policy under Article 44 of the Constitution. Its main objective is to promote gender equality and eliminate discrimination on the basis of religion. Its implementation by Uttarakhand in India in 2025 has proved to be a big milestone. Apart from this, Gujarat Assembly has also taken steps in this direction by passing it. Goa is a state where a kind of common civil code has existed since Portuguese times.

What is the religious basis of Pakistan’s legal structure?

Pakistan is an Islamic nation, hence there is no provision of uniform civil code like India. The entire legal system there is guided by Sharia and Muslim personal law. In Pakistan, it is decided on the basis of religion which law will be applicable on a person. There are separate rules for Muslims, while separate personal laws work for Hindus, Christians and Sikhs. This is the reason that instead of uniformity in civil laws, different rules are seen on the basis of religious diversity.

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Muslim personal law and necessity of Nikahnama

‘Muslim Family Law Ordinance 1961’ (MFLO) is the most effective law for Muslims in Pakistan. Under this, it is mandatory to register the Nikahnama i.e. marriage contract. In case of polygamy there are conditions in the law. Although Muslim men are allowed to have more than one marriage, for this they have to take the consent of the first wife and also it is mandatory to take permission from the Arbitration Council i.e. Panchayat. This rule has been made with the aim of maintaining the stability of the family.

Divorce procedure and rules in Pakistan

In matters of divorce, there are different paths for husbands and wives in Pakistan. There is a facility for Muslim husbands to give divorce through Talaq-e-Ahsaan, but by law they have to inform the local union council. At the same time, women can approach the court through Khula and get divorce from their husbands. The rules for property division and inheritance are based entirely on the principles of Sharia law, which follow centuries-old traditions.

Separate legal system for minorities

The laws related to marriage and divorce for the non-Muslim population in Pakistan are quite old. ‘Sindh Hindu Marriage Act 2016’ is applicable for Hindus there and ‘Hindu Marriage Act 2017’ is applicable for the whole of Pakistan, through which they can register their marriages. There are laws for Christians like ‘Christian Marriage Act 1872’ and ‘Divorce Act 1869’. However, there have been frequent calls within these communities to modernize and change their laws, as many of these laws date back to the colonial period.

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