137
provision, which has been approved by this court.
Secondly, this is not the only provision that has
been kept verbatim in the constitution. The Muslim
Family Laws Ordinance, 1961, which came into force on
2nd March, 1961 was also promulgated by the martial
law regime of Pakistan. This law had been retained by
Pakistan
after
after
the
withdrawal
of
independence;
Bangladesh
Martial
also
Law
retained
and
this
law. In the preamble of this Ordinance, it is clearly
mentioned –
“WHEREAS
it
is
expedient
to
give
effect
to
certain recommendations of the Commission of Marriage
and Family laws;
Now THEREFORE, in pursuance of the Proclamation
of the seventh day of October, 1958, and in exercise
of
all
powers
President
is
enabling
pleased
to
him
in
make
that
and
behalf,
promulgate
the
to
following the Ordinance: ……..”
Similarly
contained
in
the
citizenship
article
6
of
the
of
the
people
constitution
as
“Bangladeshi” was amended by the Fifth Amendment and
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