View Full Version : What is Arbitration council under Muslim family law ordinance 1961.

09-03-2012, 07:15 PM
Q. What is Arbitration council under Muslim family law ordinance 1961. what is its importance and functions. (2002)
1. Introduction:
The arbitration council is a forum which provied to both the parties settlement for dsipute. so it is a panel of persons for the settlement of disputes by the parties in dispute.
2. Definition of arbitration council:
Arbitration council means a body consisting of the chairman and representative of each of the parties to a matter dealt with in this ordinance. provided that where any party fails to nominate a representative within the prescribed time, the body formed without such representative shall be the arbitration council.
3. Jurisdiction of arbitration council:
The arbitration council has jurisdiction in the following matter.
(i) Application to contract another marriage Sec. 6(2)
(ii) Notice of divorce Sec. 7 (i)
(iii) Application of maintenance Sec. 9
4. Importance:
The arbitration council has vital role in the settlement of the disputes between the parties.
5. Organization:
The arbitration council shall consist of the following person.
(i) Chairman of the union council.
(ii) Representative of each party.
6. Appointment of the chairman:
The union council shall select on of its Muslim competent member.
7. Dis-Qualification:
Following persons can not be appointed chairman.
(ii) Suffering from illness.
(iii) Any other reason which disables him to discharge his functions.
8. Functions of arbitration council:
Following are the functions of the arbitration council.
(i) Permission of marriage:
The arbitration council grant permission to the husband for the second marriage.
(ii) Reconciliation:
The arbitration council bringout the reconciliation between the parties to dispute in divorce matter.
(iii) Dispute relating to maintenance:
The arbitration council adjudication the matter of maintenance.
9. Conclusion:
To conclude I can say that the arbitration council is a salient features of Muslim family law ordinance. it preserve the sancity of the Muslim family in connection with matters between the husband and wife.