Women In Pakistan Essay

HOW DOES A MARRIAGE CONTRACT UNDER PAKISTANI MUSLIM FAMILY LAW LIBERATE WOMEN IN MARITAL CRISES?

More than a critical analysis of the spectrum of family law, what appears strikingly alarming is that despite of the vitality of law, women’s access to justice is weak and blurry. The erosion of these norms and processes is only swelling because the women in Pakistan are yet unaware of their rights and exposed to only hearsay rather than a systematic knowledge of law. This lack of knowledge pervades the society through all classes upon their failure to interpret the access towards the medium of liberty ordained by the law itself.

Thereby liberty is harbored under Article 25 (1) of 1973 Constitution which provides 'all citizens are equal before law and are entitled to equal protection of law.' Subsequently Article 25 (2) also provides 'that there shall be no discrimination on the basis of sex alone.' In a form of an assistive legislation, it encourages the State to take up affirmative action policies to protect women and children, with regard to this, Article 35 further stresses that 'the State shall protect the marriage, the family and the

However, in most Nikah Namas, the column that allows a husband to delegate a divorce right to his wife is cancelled out because of a societal belief set in patriarchal values that divorce should only be a husband’s unfettered prerogative contributing to woman's inferior status. While a traditionalist approach may support this, more liberal Islamic schools of thought, the Pakistani Constitution, legislation and case-law substantiate a woman’s right to a contended marriage, a quality life, and her equal status – and thus her right to exit a marriage should be respected. Where the husband and wife sign a Mutual Divorce Deed, they are required to notify the Union Council under Muslim Family Law Ordinance who will then proceed with the same manner as talaq.