Pakistan marriage law is governed by Muslim Family law ordinance 1961. After partition in 1947, in 1961, Muslim family Laws Ordinance was passed, which drew a lot of criticism from religious leaders. Under Islamic law, the validity of a marriage contract does not in anyway depend on the performance of any recorded ceremony or documentation, capacity, mutual consent etc. The witnesses on the occasion being the only requisite to make the contract valid and binding. The law requires that every marriage solemnized under the Muslim Law shall be registered in accordance with the provisions of `Muslim family Laws Ordinance.’ Section 6 of the Ordinance deals with Polygamy. It states that no man, during subsistence of an existing marriage, shall except with the previous permission in writing of the Arbitration Council, contract another marriage, nor shall any such marriage contracted without such permission be registered. With regards to Islamic stance in polygamy, the verse from Quran states, “…marry women of your choice, two or three or four; but if you fear that you shall not be able to deal justly with them, then only one.” (Quran 4:3)
The bottom line is that if a man marries more than 4 wives, he must be able to do justice to all of them and deal them equally. If there is fear that he will not be able to do so, he must not marry more than one.
There is a lot of controversy between what the law states when it comes to consenting adults wanting to marry and their parents are against their marriage. Well the position of the law is that when adults are consenting and of the required age, they are free to marry and record the same in presence of witnesses and parents can not stop them from marrying their chosen partners. However, the Islamic position is actually in contrast. Islam clearly requires the permission or consent of wali before a woman can marry a man.
Sunan of Abu-Dawood Hadith 2078 Narrated by Aisha, Ummul Mu`minin
The Messenger of Allah (saws) said: ‘The marriage of a woman who marries without the consent of her guardians (wali) is void.’ (He (saws) said these words three times.)
Islam on the other hand is also against forced marriages and does not consider a marriage valid where the girl does not consent.
It is not permissible for the guardian, whether he is the father or anyone else, to marry off anyone under his care without her consent, because the Prophet (peace and blessings of Allaah be upon him) said: “A previously-married woman has more right concerning herself than her guardian, and the permission of a virgin should be sought (regarding marriage), and her permission is her silence.” Narrated by Muslim, 1421.
In Islam, consent of girl and her father is important for marriage. But this is something which is not contained within the provisions of Pakistani law. The law simply states that offer and acceptance by or on behalf of two sane Muslim adults of opposite sex in the presence of witnesses to marry each other. With dower also a necessary concomitant of a contract of marriage.