ENACTMENT NO. 1 OF 1983 ISLAMIC FAMILY LAW ENACTMENT 1983
PART IV - DIVORCE
Section 41. Presumption of death.
(1) If the husband of any married woman hs died or is belived to have died or has not been heard of over a period exceeding seven years, in such circumstances that he might, for the purpose of enabling his wife to remarry, to be presumed in accordance with Hukum Syarak to be dead, but the death certificate under the Births and Deaths Registration Ordinance 1957 [Ordinance 61/57], cannot be obtained, the Court may, on the application of the wife and after such enquiry as may be proper, issue in accordance with Hukum Syarak, a Certificate of Divorce by Death in Form 5F as a declaration of the presumption of death of the husband and thereafter the wife shall be at liberty to remarry in accordance with the provisions of this Enactment and such certificate shall be deemed to be a certificate of the death of the husband within the meaning of section 15 (4) (b).
(2) In the circumstances aforesaid, a woman shall not be entitled to remarry in the absence of a certificate issued under subsection (1), notwithstanding that the High Court may have given leave to presume the death of the husband.
(3) A Certificate issued under subsection (1) shall be registered as if it effected a divorce.