The Role of Pakistani Judiciary in Protecting women's Rights in Family Matters

Abstract

This dissertation is designed to scrutinize the marital rights of a Muslim woman in Islamic Law and the practices of Pakistani Courts. Woman is treated as an object of patriarchy wherein she clads the ornaments of subservience and devotion. She is devoid of any right that will equate her with male counterparts. The main objective of this thesis is to examine her socio-economic stability with specific reference to hermarital rights that she enjoysaccording to Islamic prescriptions. It will also analyse the role of Pakistani Superior Judiciary in protection of these rights. The main structure of the present study is to designate the rights according to their sequence, however, the substructure divides the study into two main parts; the social stability of woman as her will to get married and Khul‘ ; and economic stability of woman as to get dower and maintenance. The dissertation will fall into six chapters excluding the introduction and the conclusion. Chapter One and Two are introductory as each of themintroduces a key aspect of the research study. Chapter One evaluates the periphery status of women in male dominated society and how the emergence of Islam has revolutionized her marginal position with the upgradation to equality. Chapter Two introduces the judicial system of Pakistan with special focus on family courts by expounding the concept of Precedent in Pakistani Legal System. Chapter Threediscussesthe right of a woman to get married and the consent of a guardian. This is one of the most fundamental rights of the woman regardless whether she is virgin (Bikr) or previously married (Thayyib). This chapter will also examine thevital role played by the Superior Judiciary in considering the freewill of woman in marriage. Chapter Fouraims to delineatethe right to dower that is solely associated to a woman. None, either the father or the guardian or the husband after marriage can take anything out of it without her permission. This chapter will also analyse the role of Superior Judiciary in protection of the right. Chapter Five elaborates the significance of economic stability of a woman by evaluating the right to maintenance. The woman is entitled to have maintenance including food, cloth and residence, in Islamic Law either living with husband or divorcee during ‘iddah. The Superior Judiciary is also playing its essential role for providing maintenance as a basic right of a woman. Chapter Six expounds the right of Khul‘as her unilateral right that she can exercise according to her desire at any moment in her married life by returning the dower received from her husband or give him something of the same value for the sake of ending the marriage contract. The researcher will assess how the superior judiciary protects this right of a woman and grants her Khul‘ on her demand? The dissertation will finally conclude that Islam has provided woman the merital rights that strengthened her position in the society. Pakistani Judiciary has been perceived as pro-women in playing significant role for the provision of these rights. However, the religio-legal insurgency to stabilize the women is still impractical for women of Pakistan due to the strong patriarchal milieu.