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Court Marriage in Pakistan And The Family Disputes After It


Court marriage in Pakistan and family disputes:

Why is it that in family disputes, the concerned girl or woman almost always finds her unable to get a fair deal from the prevailing system specially in case of court marriage in Pakistan? The same applies to other fields too. The odds are stacked against the woman in court marriage in Pakistan. So much so that whatever the contest she has very little chance against a man. Three major commissions or committees were set up from time to time in the past to identify the areas of discrimination against Pakistani women and suggest remedial measures and changes in the existing laws for the betterment of the tragic plight of women. Although, as asked, these bodies did make various recommendations, in practical terms little was achieved.


Accepting of Girl after Court Marriage:

The governments concerned often lacked the will, vision or self-confidence, or all of these, to accept most of these reforms. Even the few that were accepted suffered in the implementation because the drive and seriousness were quickly spent in the face of the habits of centuries, the iron-hold of the system, and the opposition of the orthodoxy in cases of court marriage in Pakistan. Also, although most people recognized how abominable the status quo was, few felt the compulsion and the urgency to organize the effort needed to break it. Women did not have a strong enough lobby, nor were they sufficiently organized themselves to make an issue of their rights. They were inured to their status of subordination, their legacy of generations.

Law for the couples who did court marriage and their families:

Happily, that has been changing in recent years. And one consequence of this was that the Senate decided in late 1994 to set up a high-powered commission to go anew into the country's laws as a step towards ending the grosser iniquities against women. It was a reflection of the concern and consciousness about the issue that not a discordant voice was raised in the House and, after several supportive speeches, a resolution to that effect was unanimously passed there is a widespread misconception about the place Islam accords to women, which is not just a distortion spread in the West but it exists even among the intelligentsia in the Muslim World, including Pakistan. It is believed that Islam relegates women to an inferior status; it confines them inside the four walls of their homes, and it restrains them from taking up employment outside the homes or running their own business. This is wholly contrary to fact.


Whole Gamut of Rights:

Muslim scholars are agreed that Islam accords women virtually the whole gamut of rights, including the rights to property, to work and wages, to the choice of spouse, to divorce in Pakistan if the court marriage does not prosper, to education and participation in economic, social and political activity. These are guaranteed to Muslim women by Shari at. The high-status Islam gives to women is also evident from several Ahadis of Prophet (Peace Be upon Him). Paradise, he said, is under the feet of the mother. On another occasion, he said: "the best amongst you are those who are kind to their women." This Commission is submitting its Report with the hope and prayer that it will help the people and the concerned authorities to understand the problems faced by Pakistani women in a hostile atmosphere.

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