Rights of Women in Pakistan | Pakistan Law Reports

Pakistani law system has blend of Islamic law as well as British Common law. Men and women have equal rights in both systems to a great extent. The beauty of Pakistani law system is that it has separate personal laws for people belonging to different religions. For example Christians have their own laws, Hindus have their own and muslims have their own. For example divorce As far as Constitution of Islamic Republic of Pakistan, 1973 is concerned, it has given equal rights to women as well as special quota to women in some of its articles. The most important article of the constitution in this regard is Article 25. It has the following words "There shall be no discrimination on the basis of sex" mentioned in its clause 2. Similarly these works are mentioned in Article 26 of Constitution "Nothing in clause (1) shall prevent the State from making any special provision for women and children". Article 32 and 34 are reproduced as under. 32. Promotion of local Government institutions. The State shall encourage local Government institutions composed of elected representatives of the areas concerned and in such institutions special representation will be given to peasants, workers and women. 34. Full participation of women in national life. Steps shall be taken to ensure full participation of women in all spheres of national life. Similarly there are many other articles in constitution giving various rights to woman that are making them in fact superior to men. Apart from constitution of Pakistan there are various enactments that empower women to have special rights in Pakistan. These rights can be exercised by invoking the powers of relevant courts. For example one of the most important enactments in Pakistan is Dissolution of Muslim Marriages Act 1939. You can read the complete statute at my blog on this link http://salmankhangolra.blogspot.com/2012/06/read-dissolution-of-muslim-marriages.html The most important section empowering women to claim khula in this act is section 2. A woman can get khula if her husband refuses to give her talaq on the grounds mentioned in the same section. Another important enactment is Muslim Family Law Ordinance, 1961. You can read it on this link.. http://salmankhangolra.blogspot.com/2012/06/read-muslim-family-laws-ordinance-1961.html Various sections of MFLA, 1961 have been challenged in Federal Shariat Court in recent decades. For example section 6 of this ordinance almost restricts a man to practice polygamy in its original spirit. On the other hand there is no compulsion on men of taking permission from first wife in Shariah law for marrying another woman. Similarly the nikah nama in Pakistan has an important column no. 18 that gives women right to take divorce from husband even if he is not willing to give. When women take that right, it is considered as an irrevocable delegated power of talaq given to wife from Husband. However practice is that we cut that column in order to make the talaq procedure difficult for women. One of the most important rights of women in Shariah law is Haq Mehr.. A woman can demand any amount of haq mehr from her husband at the time of Nikah. In the times of Caliph Umar muslim men started marrying jew and christian women as they were unable to pay the mehr amounts of muslim women. On that Caliph was worried and he invited people of madina to Masjid-e-Nabwi in order to fix haq mehr of women so that muslim men easily get a chance to marry muslim women. A woman shouted "Who is Umar to determine the amount of haq mehr when God has given us discretion to determine it ourselves". On that haq mehr amount was never fixed and women can claim any amount even today.. In the nikah nama haq mehr can be mojal(paid) or ghair mojal(to be paid later). A girl can demand any amount of haq mehr. However in practice this amount is determined by the elders and paid by the father of groom in Pakistan. Another important right which women have in Pakistan is of maintenance. They can claim maintenance from the day of nikah till the last day of iddat after divorce. A man has to give it otherwise he can be sent to jail. Similarly a man is liable to maintain his children along with wife. If the children are in custody of women then they can claim the amount of maintenance for children also. When it comes to child custody, a woman has eligibility to keep the male child under the age of 7 years and in case of female child she remains with mother till she turns an adult. A woman loses her right of child custody if she is of immoral character or if she marries another man. These principles are according to the shariah law and they are enforceable in Pakistan. When it comes to inheritance law.. Islamic law of inheritance is enforced in Pakistan. The book that is considered authority in this regard is "Muhammadan Law" by Mullah (An Indian Writer). According to Islamic law of inheritance a woman has her share in the inheritance of father, son, husband and brother in some cases. For example if a man dies and he has no children, 1/6th of his property will be inherited by his mother and father, 1/4th of his property will be inherited by his wife and remaining will be distributed among his brothers and sisters by the ratio of 2:1. Similarly scenario changes in case of children..