The legislative assembly of Pakistan has enacted several measures designed to give women more power in the areas of family, inheritance, revenue, civil, and criminal laws. These measures are an attempt to safeguard women's rights to freedom of speech and expression without gender discrimination. These measures are enacted keeping in mind the principles described by the Quran.[1]
Laws such as the Muslim Personal Law of Sharia (addressing a woman's right to inherit all forms of property), the Muslim Family Law Ordinance or MFLO (intended to protect women against practices regarding marriage, divorce, polygamy and other personal relationships), and the Hudood Ordinance have been legislated to ensure the rights of women. The Hudood Ordinance was seen as working at cross-purposes to the rights of women by victimizing women only, which was corrected by the introduction of Women's Protection Bill.
The Sexual Harassment Bill was created to ensure women's safety in public and work spaces, while the Prevention of Anti-Women Practices Bill sought to constitutionally protect women against discriminatory social practices, such as forced marriages, which can deprive women of their inheritance rights.[2] The bill incorporated strong penalties for offenders. The Acid Control and Acid Crime Prevention Bill was aimed at controlling the import, production, transportation, hoarding, sale, and use of acid, as well as providing legal support to acid burn victims.[3] Penalties include imprisonment anywhere from fourteen years to life and fines of up to 1 million rupees.
Divorce in Pakistan is regulated by the Dissolution of Muslim Marriage Act (1939, amended in 1961) and the Family Courts Act (1964). The Child Marriage Restraint Act or CMRA (1929) set the marrying age for women at 16; in the province of Sindh, as per the Sindh Child Marriage Restraint Act, it is 18.
Under British rule, the Married Women's Property Act (1874) was in force, which primarily defined issues related to pre- and post-marriage assets, liability and insurance. The Muslim Personal Law(Shariat) Application Act (1937) and its successor, the Muslim Personal Law (Shariat) Application Act (1961), provide Muslim women with limited inheritance rights; they received half of the amount assigned to sons, two-thirds if there were no sons, and further complex calculations settled the remainder per sectarian principles.[7] While this right to inheritance existed on paper, it was not observed in practice,[8] so the Government of Pakistan enacted strong provisions in sections 498 A and 498 C of the Prevention of Anti-Women Practices (Criminal Law Amendment) Act (2011) to ensure women received their proper inheritance.[7]
"..the Qur’anic provisions with regard to women's posture vis-a-vis their evidence is clear and that two of them are equal to one man. This is a bitter pill which a modern and educated woman will have to swallow in an Islamic society." ~ Dr. Israr Ahmed
"..the provision has belittled the status of several women working as administrators, bankers, lawyers and judges, for they often have to request their male clerks and peons to attest documents drawn up by them." ~ Rashida Patel
Until 1987, the British Evidence Act of 1872 remained applicable in Pakistan—which otherwise lacked laws targeting gender discrimination in the legal system. Since the 1970s when the process of Islamization under General Zia Ul Haq started in Pakistan, many laws have been altered according to Islamic Sharia. As part of the same process, the Evidence Act was replaced by Qanun-e-Shahada on 26 October 1984, though it did not come into effect until 1987.[10] As of that year, in cases of Hadd, the evidence of women is not admissible. Further, in cases involving financial or other future obligations, written instructions and documents must be attested to by either two men or one man and two women.[10] In other legal proceedings it is left to the judge's discretion whether to admit a woman's testimony as equal.[10]
^ abRamzan, Muhammad; Javaid, Kashif (2019). Iqbal Tauseef, Buksh Ilahi. "Freedom of Speech: Infringement of Women Rights in Pakistan". Saussurea. 9: 28–38.
^"National Assembly passes landmark women's rights bill". The Express Tribune. 15 November 2011.
^"Women-specific bills passed: Fourteen-year jail term for acid-throwers". The Express Tribune. 12 December 2011.
^Saleem, Sana (4 March 2010). "Logging on to empower women". DAWN.COM.
^"WDF hails passing of Sindh Women Agriculture Workers Bill". www.thenews.com.pk.
^Reporter, The Newspaper's Staff (2022-06-27). "Peasants' rights report shows govt flouts laws". DAWN.COM. Retrieved 2022-06-28.
^ abcChaudhary, Azam; Holden, Livia (8 May 2013). "Daughters' inheritance, legal pluralism, and governance in Pakistan". The Journal of Legal Pluralism and Unofficial Law. 45 (1): 104–123. doi:10.1080/07329113.2013.781447. S2CID 144097184.
^ abIjaz Butt, Beenish; Zada Asad, Amir (2016). "Refutation, Relinquishment and Inheritance: Exploring Women'sInheritance Rights in Pakistan" (PDF). Pakistan Journal of Social Sciences (PJSS). 36 (2): 1001–1009.
^ abRao, Muhammad Atif Aslam (2020-05-24). "Islamization of Law of Evidence in Pakistan with Specific Reference to Testimony of a Woman". SSRN 3609096.
^ abcRao, Dr Muhammad Atif Aslam (2020-05-24). "Islamization of Law of Evidence in Pakistan with Specific Reference to Testimony of a Woman". Rahat-ul-Quloob. Rochester, NY. 4, Issue.1(Jan-Jun: 2020): 1 to 12. SSRN 3609096 – via SSRN.
^🖉"Pakistan court bans virginity tests for rape survivors". www.aljazeera.com.
November 12, 2023
women, related, laws, pakistan, this, article, multiple, issues, please, help, improve, discuss, these, issues, talk, page, learn, when, remove, these, template, messages, this, article, require, cleanup, meet, wikipedia, quality, standards, specific, problem,. This article has multiple issues Please help improve it or discuss these issues on the talk page Learn how and when to remove these template messages This article may require cleanup to meet Wikipedia s quality standards The specific problem is written with personal opinionated commentary Please help improve this article if you can May 2021 Learn how and when to remove this template message This article s tone or style may not reflect the encyclopedic tone used on Wikipedia See Wikipedia s guide to writing better articles for suggestions May 2021 Learn how and when to remove this template message Learn how and when to remove this template message The legislative assembly of Pakistan has enacted several measures designed to give women more power in the areas of family inheritance revenue civil and criminal laws These measures are an attempt to safeguard women s rights to freedom of speech and expression without gender discrimination These measures are enacted keeping in mind the principles described by the Quran 1 Laws such as the Muslim Personal Law of Sharia addressing a woman s right to inherit all forms of property the Muslim Family Law Ordinance or MFLO intended to protect women against practices regarding marriage divorce polygamy and other personal relationships and the Hudood Ordinance have been legislated to ensure the rights of women The Hudood Ordinance was seen as working at cross purposes to the rights of women by victimizing women only which was corrected by the introduction of Women s Protection Bill The Sexual Harassment Bill was created to ensure women s safety in public and work spaces while the Prevention of Anti Women Practices Bill sought to constitutionally protect women against discriminatory social practices such as forced marriages which can deprive women of their inheritance rights 2 The bill incorporated strong penalties for offenders The Acid Control and Acid Crime Prevention Bill was aimed at controlling the import production transportation hoarding sale and use of acid as well as providing legal support to acid burn victims 3 Penalties include imprisonment anywhere from fourteen years to life and fines of up to 1 million rupees Contents 1 Constitutional equal rights 1 1 Laws which protect the rights and safety of women 1 2 Family laws 1 3 Marriageable age and divorce 1 4 Inheritance 2 Law of Evidence 3 Other 4 See also 5 ReferencesConstitutional equal rights editConstitutionally Pakistani Muslim women are able to vote participate in elections hold public offices and pursue most professions 1 Laws which protect the rights and safety of women edit The Domestic Violence Prevention and Protection Bill 2009 The Acid Control and Acid Crime Prevention Act 2010 The Protection Against Harassment of Women in the Workplace Act 2010 4 The Criminal Law Amendment Act 2010 The Prevention of Anti Women Practices Act 2011 The Women in Distress and Detention Fund 2011 The Criminal Law Amendment Act targeted at preventing acid related crimes 2011 The Domestic Violence Prevention and Protection Bill 2012 The National Commission on the Status of Women Act 2012 The National Commission for Human Rights Act 2012 Transgender Persons Protection of Rights Act 2018 The Dowry and Bridal Gifts Act The Women Violence and Jirgas Act Marriage in the Quran Women Agriculture Bill 2019 5 Sindh Women Agriculture Workers Act SWAWA of 2019 passed in 2021 6 Family laws edit The Dissolution of Muslim Marriage Act 1939 amended in 1961 The Muslim Family Laws Ordinance 1961 Hindu marriage laws in PakistanMarriageable age and divorce edit Divorce in Pakistan is regulated by the Dissolution of Muslim Marriage Act 1939 amended in 1961 and the Family Courts Act 1964 The Child Marriage Restraint Act or CMRA 1929 set the marrying age for women at 16 in the province of Sindh as per the Sindh Child Marriage Restraint Act it is 18 Inheritance edit Main article Inheritance law in Pakistan Under British rule the Married Women s Property Act 1874 was in force which primarily defined issues related to pre and post marriage assets liability and insurance The Muslim Personal Law Shariat Application Act 1937 and its successor the Muslim Personal Law Shariat Application Act 1961 provide Muslim women with limited inheritance rights they received half of the amount assigned to sons two thirds if there were no sons and further complex calculations settled the remainder per sectarian principles 7 While this right to inheritance existed on paper it was not observed in practice 8 so the Government of Pakistan enacted strong provisions in sections 498 A and 498 C of the Prevention of Anti Women Practices Criminal Law Amendment Act 2011 to ensure women received their proper inheritance 7 Pakistan as a signatory of the Convention on the Elimination of All Forms of Discrimination Against Women CEDAW is expected to progress towards eliminating property discrimination and recognizing the equality of citizens as a fundamental right 7 8 Law of Evidence editSee also Status of women s testimony in Islam Judiciary of Pakistan Harassment of women judges and 1983 women s march Lahore Conservative outlook the Qur anic provisions with regard to women s posture vis a vis their evidence is clear and that two of them are equal to one man This is a bitter pillwhich a modernand educated woman will have to swallow in an Islamic society Dr Israr Ahmed 9 Feminist complaint the provision has belittled the status ofseveral women working as administrators bankers lawyers and judges for they often have to request their male clerks and peons to attest documents drawn up by them Rashida Patel 9 Until 1987 the British Evidence Act of 1872 remained applicable in Pakistan which otherwise lacked laws targeting gender discrimination in the legal system Since the 1970s when the process of Islamization under General Zia Ul Haq started in Pakistan many laws have been altered according to Islamic Sharia As part of the same process the Evidence Act was replaced by Qanun e Shahada on 26 October 1984 though it did not come into effect until 1987 10 As of that year in cases of Hadd the evidence of women is not admissible Further in cases involving financial or other future obligations written instructions and documents must be attested to by either two men or one man and two women 10 In other legal proceedings it is left to the judge s discretion whether to admit a woman s testimony as equal 10 Other editIn 2021 the Lahore High Court banned the use of virginity tests in cases where women claim they were raped 11 See also editNational Commission on Status of Women Women s Protection Bill Women in Pakistan Hudood Ordinances Sharia Hermeneutics of feminism in Islam Islamic feminism Acid Survivors Trust International Acid throwing Aurat March Divorce in Pakistan Feminism in Pakistan Honour killing in Pakistan Jirga Me Too movement Pakistan Modesty patrol Polygamy in Pakistan Hindu marriage laws in Pakistan Rape in Pakistan Swara Vani Women s organisations based in Pakistan Women s rights in Pakistan Category Pakistani women lawyers Forced Conversions in PakistanGeneral Human rights in Pakistan Women in Islam Women s rights Muslim personal law Punjab Commission on the Status of Women Status of women s testimony in Islam Pakistan penal codeReferences edit a b Ramzan Muhammad Javaid Kashif 2019 Iqbal Tauseef Buksh Ilahi Freedom of Speech Infringement of Women Rights in Pakistan Saussurea 9 28 38 National Assembly passes landmark women s rights bill The Express Tribune 15 November 2011 Women specific bills passed Fourteen year jail term for acid throwers The Express Tribune 12 December 2011 Saleem Sana 4 March 2010 Logging on to empower women DAWN COM WDF hails passing of Sindh Women Agriculture Workers Bill www thenews com pk Reporter The Newspaper s Staff 2022 06 27 Peasants rights report shows govt flouts laws DAWN COM Retrieved 2022 06 28 a b c Chaudhary Azam Holden Livia 8 May 2013 Daughters inheritance legal pluralism and governance in Pakistan The Journal of Legal Pluralism and Unofficial Law 45 1 104 123 doi 10 1080 07329113 2013 781447 S2CID 144097184 a b Ijaz Butt Beenish Zada Asad Amir 2016 Refutation Relinquishment and Inheritance Exploring Women sInheritance Rights in Pakistan PDF Pakistan Journal of Social Sciences PJSS 36 2 1001 1009 a b Rao Muhammad Atif Aslam 2020 05 24 Islamization of Law of Evidence in Pakistan with Specific Reference to Testimony of a Woman SSRN 3609096 a b c Rao Dr Muhammad Atif Aslam 2020 05 24 Islamization of Law of Evidence in Pakistan with Specific Reference to Testimony of a Woman Rahat ul Quloob Rochester NY 4 Issue 1 Jan Jun 2020 1 to 12 SSRN 3609096 via SSRN Pakistan court bans virginity tests for rape survivors www aljazeera com Retrieved from https en wikipedia org w index php title Women related laws in Pakistan amp oldid 1178670563, wikipedia, wiki, book, books, library,
