The Rights of Women and the Role of Superior Judiciary in Pakistan with Special Reference to Family Law Cases from 2004-2008

Pakistan Journal of Islamic Research, Vol. 3, pp. 271-299, 2009

30 Pages Posted: 18 Apr 2011 Last revised: 12 Mar 2012

See all articles by Muhammad Munir

Muhammad Munir

International Islamic University, Islamabad - Department of Law

Date Written: 2009

Abstract

Granting and protecting the rights of women in the domain of family law remains one of the most important areas of legislation in Pakistan. The role of judiciary is vital to ensure that the rights of women are protected because decisions of the superior judiciary are binding on the lower courts under the doctrine of precedent. This work focuses on cases decided by the superior judiciary in Pakistan over the period of five years to know the various remedies sought by helpless women. This article finds that legislation in the area of family law protects women to a greater degree and that the superior judiciary has given many pro-women decisions. These areas include, capacity of a Muslim adult girl to marry without the consent of her guardian; the nature of Muslim marriage; obligation of husband to maintain his wife and children; obligation of husband to pay dower; exercising the right of puberty upon attaining majority; custody of minors; and stipulations to benefit women. In all these areas the judiciary has given very bold decisions favouring women. On the question of khul', despite the fact that our courts have gone the extra mile and have ruled according to the Maliki school of thought, however, they are yet to apply the true of khul' in lette and spirit. There is a ray of hope as two High Courts have given courageous decisions regarding khul'. This work critically evaluates all the cases of the period under review and gives suggestions for further refinement.

Keywords: rights of women, family law, protection of women, remedies for Pakistani women, role of judiciary, muslim family law, capacit of women, custody of children, dower, maintenance, khul', post-divorce maintenance

Suggested Citation

Munir, Muhammad, The Rights of Women and the Role of Superior Judiciary in Pakistan with Special Reference to Family Law Cases from 2004-2008 (2009). Pakistan Journal of Islamic Research, Vol. 3, pp. 271-299, 2009, Available at SSRN: https://ssrn.com/abstract=1813065

Muhammad Munir (Contact Author)

International Islamic University, Islamabad - Department of Law ( email )

Islamabad, Islamabad Capital Territory 44,000
Pakistan
3335124423 (Phone)
0092-51-9258021 (Fax)

HOME PAGE: http://www.iiu.edu.pk

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