Pages: 49-59

Abstract

This paper concentrates on the continuous struggle between vigorous Modernists and highly instutionalized Traditionalists within the context of Pakistan’s Muslim family law ordinance 1961. The later have resisted the efforts of the state to introduce any changes in family laws. The discourse contends, in the first place, that the authentic historical evidence uncovers that the tension between vigorous Modernists (looking for substantive changes for Pakistani women) and highly instutionalized Traditionalists (upholding a conventional perusing of family law) over the extent of ljtihad. Second, maybe all the more significantly, this guaranteed that the ordinance would be an ‘offspring of compromise’ which is considered the major cause of ineffectiveness of MFLO. This is confirmed in a nitty gritty analysis of the MFLO's features especially polygamy.