Proxy marriage law in Pakistan:
So complete is the preclusion of the possibility that a
woman might ever be the "envoy of a foreign external power" or an
"enemy alien", that the law leaves a huge loophole even after proxy marriage
law in Pakistan. Surely the law- makers did not intend to suggest that
children born in the result of proxy marriage law in Pakistan to female envoys
or female enemy aliens will be citizens of Pakistan by birth whereas those born
to male envoys or male enemy aliens will not be! It is obvious that the
oversight is the consequence of the dismissive manner in which women are
thought of, and hence, treated.
Recommendations: Section
4: Every occurrence of the words "his" and "father" be
replaced with "his or her" and "either person respectively. Section
5: Every occurrence of the word "father" is replaced by
"parent2.2.3. Section 8: Every
occurrence of the words father" and father's be replaced with
"parents and "parent's parents" respectively. Section 10: Every
occurrence of the words woman" and women' be replaced with the words
"person" and "persons" respectively. Family Laws Nothing
attracts a woman more closely and acutely than the rules and customs of within
the family. The eligibility for proxy marriage law in Pakistan, the status of
the marriage contract, dissolution of marriage, and the rights if the husband
wants to take another wife, in the matter of inheritance of property, custody
of children, claim to maintenance the concern and affects women far more than
they do men In our circumstances they have also been rife with discrimination
and inequality, both formally under law, and because of a legacy of social and
economic constraints on women.
Rules of the State for Proxy Marriage:
The area has been hard to subject to state regulation
because of the precedence claimed for (often misinterpreted) directives of
religion and custom. And it has been hard also to monitor because of the walls
of privacy that surround a life and the manipulation that the powerful party
within can do to dodge or deceive outside intrusion. Moreover, while the family
and proxy marriage law in Pakistan must protect the vulnerable within this
unit, they must do so without placing unreasonable restrictions on the freedom
of individuals or requiring unreasonable intrusion into their homes. The
domestic codes that make the woman most vulnerable are thus also the ones most
resistant to change.
According to Muslim Family Law Ordinance:
The Muslim Family Laws Ordinance of 1961 provided Muslim
women some protection but did not extend any substantial rights to them. Yet
these small measures to protect women were resented by certain sections of
society. Family laws in Pakistan are a mixture of codified law and customary
law based on religious norms, often referred to as personal law. Some parts of
the codified law, like the Muslim Family Laws Ordinance, 1961, apply to
specific communities while others like the Child Marriage Restraint Act, 1929,
apply across the board to all citizens of Pakistan. Moreover, some of the
codified laws, like the Guardians and Wards Act, 1890, apply to all communities
but leave room for each community to follow their law instead the Commission
examined the following laws: