Witness of Court marriage in Pakistan:
Qanun-e-Shahadat, 1984:
Competence and number of witnesses (articles 7 and 17) these provisions leave
much to the discretion of the court. It is the court that will determine the
competence of a witness under the injunctions of Islam in court
marriage in Pakistan. This is bound to lead to varied interpretations.
In one case, for instance, the court expressly stated that in the matter of
qisas the law required the evidence of two men or one man and two women.
Considering that there are usually differences of opinion, strict consistency
can hardly be expected. The law thus seems unfair in taxing the courts with
laying down the law where varying interpretations of Islamic injunctions are
possible. It may lead to much confusion and injustice. Recommendation: The
provisions of the old laws are revived and if the Parliament considers it
necessary to make any further change in this area, it should do so after
serious debate and by reaching a consensus that the proposed law is under the
injunction of Islam.
Birth during court marriage in Pakistan:
Birth during court marriage in
Pakistan conclusive proof of legitimacy (article 128) this article protects
children so that their legal rights of parentage are acknowledged. However, it
also says that it shall not be so acknowledged if the husband refuses to own
the child. Second, the protection awarded to children is not extended to
non-Muslims. This law was enacted to protect the child, but article 128 (1) (a)
nullifies it by providing that the father may, however, refuse to own such a
child. Further in article 128(2) does not provide this protection to non-Muslim
children. Recommendation: The offending clauses of this article [128(1) (a) and
128(2)] are repealed so that every child has the right to legitimacy in court
marriage in Pakistan. Indecent and scandalous question (article 146)This
article allows the court to forbid questions or inquiries, even if they are
pertinent to the case if it regards such queries as being "indecent or
scandalous," The court may not, however, forbid such questions if they
relate to facts in issue, or to matters necessary to be known in order t
determine whether the facts in issue exist, Courts do not appear to be making
adequate use of this law since women are frequently Subject to highly
inappropriate interrogation.
Support of NGOs and Bar Associations:
This is especially true is trials
about sex-related offenses and where a woman is the accused or a victim. This
is especially true are trials about sex-related Recommendation: This provision
of the law be wide be publicized by NGOs and amongst the Bar Associations. The
government should issue directives to the Advocate Generals of all jour
provinces to instruct state counsels to ensure that this provision of the law
is followed n every case, especially where a woman is being examined, and even
more particularly in sex-related cases and court marriage in Pakistan.
Impeaching credit of witness [article 151(4)] in a case of rape or attempted
rape, this provision allows it to be shown in mitigation of the crime that the
victim was generally immoral; This is unjust both legally and morally. One
person is inappropriate background cannot be made ground for the mitigation of
another person’s crime.
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