Muhammadan Law:

During colonial rule, influences on Muslim jurisprudence was broadened by:

 Legislation, and
 Principles of justice, equity and good conscience
Muslim law, e.g., in India, was and continues to be Shariat grafted by principles of
English common law and equity. Thus jurisprudence developed as what was called
Anglo-Muhammadan Law or simply Muhammadan Law.

Muslim Personal Law

Personal law is the law that governs a person's family matters, usually regardless of
where they go. In civil-law systems, it refers to the law of nationality, in comparison to
territorial law. "The Idea of the personal law is based on the conception of man as a
social being, so that those transactions of his dally life which affect him most closely in a
personal sense, such as marriage, divorce, legitimacy, many kinds of capacity, and
succession, may be governed universally by that system of law deemed most suitable
and adequate for the purpose. (R.H. Graveson, Conflict of Laws 188 (7th ed. 1974).
(Black's Law Dictionary 8th Ed.)

Muslim Law:
During British rule, Muslim law manuals were translated, e.g., the following: Hedaya
(Guide) deals with almost all topics of Muslim law, except Law of Inheritance. Fataawa
Alamgiryah expounds Hanafi rules, almost on all topics of Muslims law. Imamiyah is
another important compilation.
After independence family laws in Pakistan does not experience any change. Muslim
Family Laws Ordinance was made and enforced in 1961. Constitution of 1956 included a
provision provided for to make existing laws and future law making must be according
to teachings of Islam. Origin or cause to made an ordinance relating to Muslim Family
laws was an interesting one. The then Prime Minister Muhammad Ali Bogra,remarried
his secretary Aliyah Begum in 1955 while still having her first wife Begum Hamida and in
those days polygamy was uncommon. Begum Hamida was an active member of a
famous women’s organization ‘All Pakistan Women’s Association’ and that organization
launched organized demonstration against Prime Minister. Along with APWA, United
Front for Women’s Rights (UFWR) demanded to introduce a bill or act for the protection
of women rights such as marriage, polygamy, divorce, maintenance, inheritance and
children’s custody. As a result for such demand on August 4, 1955, the government
formed a Commission on “ Marriage and Family Laws “ to observe the Muslim Family
Laws , it was Headed by Justice Abdur Rasheed and comprise of 7 modernist members
(3 female, 4 male ) ,its first report was issued on June 20,1956 . Selection of the
Commission was criticized by the Maulana Ehtisham Ul Haq Thanvi, he wrote “most
disappointing and surprising …. Neither they had detailed knowledge of Islamic
teachings nor did Injunction nor they verse in the interpretation and application of those
laws “therefore they rejected the report. There was also conflict between the
modernists and traditionalists on the issues such as Divorce and Polygamy. then general
Ayub khan came into power and his daughter Naseem was a part of campaign and that
was first thing he done to passed the Act of “The Muslim Family Laws Ordinance “ was
enforced on 2nd march 1961. There were four major provisions of the ordinance:
1) Restriction on the practice of polygamy
2) Compulsory registration of marriage
3) Regulation of divorce procedure
4) Succession
The method called ijtihad play important role in the development of Islamic laws.
The Meaning of Ijtihad: Literal meaning: the expending of maximum effort in the
performance of an act.