Implementation Gaps between Theory and Practice

Legal Protections Provided Under Pakistani Law against
Anti-Women Practices: Implementation Gaps between Theory and Practice
Zaheer & Shamreeza
Note & References
1 John L. Esposito, Women in Muslim Family Law (New York: Syracuse
University Press, 1982), 13.
2 ibid.
3 Fatima Umar Naseeef, Women in Islam: A discourage in Rights and
Obligations, Trans. Saleeha Mahmood Abedin, (Cairo: International Committee
for Women and Child, 1999), 47.
4 Ibid., 48
5 Al Quran, 17:70.
6 John L. Esposito, Women in Muslim Family Law, op.cit., 13
7 Sawara is a Pashto word denoting a child marriage custom in tribal areas of
Pakistan and Afghanistan. This custom is tied to blood feuds among the
different tribes and clans where the young girls are forcibly married to the
members of different clans in order to resolve the feuds.
8 Wanni is a child marriage custom in tribal areas of Pakistan.
9 Badla-e-Sulh means giving a female in marriage contract or otherwise
compelling her for marriage as a reconciliation of a family dispute.
10 “Facets of Violence Against Women Gender Justice and Protection Project”,
United Nations Development Program Pakistan, 2009.
11 ibid.
12 ibid.
13 “Prevention of Anti-Women Practices” (Criminal Law Amendment) Act,
2011, http://www.na.gov.pk/uploads/documents/1321415693_161.pdf, (last
accessed on 26 February, 2012).
14 Rakhshinda Perveen, “Violence Against Women in Pakistan: A qualitative
review of statistics for 2009”, Violence against Women Watch Group, (2009).
15 ibid.
16 ibid.
17 It is a kind of council of elders from the community that works as local
judiciary in rural areas of Pakistan. Its decisions are considered binding on local
masses.
18 Muhammad Tahir Mansoori, Family Law in Islam (Islamabad: Shariah
Academy, International Islamic University, 2009), 5
19 The phrase mithaqanghaliza implies that marriage is sacred and sanctified
contract, which is higher in status than ordinary civil contracts.
20 Mansoori, Family Law in Islam, op.cit., 5
21 Muhammad Munir, “Marriage in Islam: A Civil Contract or a Sacrosanct?”,
Hamdard-Islamicus, Vol. XXXI, No. 1, (2008)
22 Muslim Jurists regard nikah or marriage to be both wordly affair (mu’amlh)
and an act of worship (ibadah) at the same time.
23 At that time girls were buried alive in the name of honor.
24 It provides punishment for giving a female in marriage or otherwise in Badali-Sulh.
It states that “whoever gives a female in marriage or otherwise in Badali-Sulh
shall be punished with rigorous imprisonment which may extend to ten
years but shall not be less than three years”.
The Dialogue 183
Volume VIII Number 2