CHAPTER 43
ISLAMIC FAMILY LAW ORDINANCE, 2001

PART V - DISSOLUTION OF MARRIAGE



Section 52. Presumption of death

(1) If the husband of any woman has died, or is believed to have died, or has not been heard of for a period of four years or more, and the circumstances are such that he ought, for the purpose of enabling the woman to remarry, to be presumed in accordance with Islamic Law to be dead, the Court may, on the application of the woman and after such inquiry as may be proper, issue in the prescribed form a certificate of presumption of death of the husband and the Court may, on the application of the woman, make an order for the dissolution of marriage or fasakh as provided for under section 51.

(2) A certificate issued under subsection (1) shall be deemed to be a certificate of the death of the husband within the meaning of section 12 (4) (b).

(3) A certificate issued under subsection (1) shall be registered as if it effected a divorce.




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