Matrimony Law and Islamic Sharia Law in Pakistan

1. Matrimony Law and Islamic Sharia Lawin Pakistan Report for the Pakistani Women’s Human Rights Organization Report by - Shruthi MukundSIS-645 International Communication and Cultural Policy Summer 2014Professor Venturelli

2. Pakistan • Cultural Context • Pakistan was created with the ideology of Islam. • The country’s constitution was written in alignment with Islamic values and principles. • God intentions, the Qur’an and the “sunnah” supersedes the law of the land.

3. Communication Policy Model • Pakistan falls under Nationalistic-Cultural Model • The function of public and social communication is preservation of the ideology of Islam and preserve the identity of a Muslim. • Only the parliament is democratically elected. • The government controls all spheres of public life. • Freedom of speech and press is controlled and regulated by the government

4. Marriage and Family Law Ordinance • A marriage is civil contract or “nikhanama” between the two families involved. • It is the duty and responsibility of the family to arrange the marriage. • The legal age for marriage for male – 18 years, female – 16 years • A marriage has to be registered to be valid • A man can practice polygamy with a written permission from his existing wife. • Only the man has the right to divorce his wife. The wife can only ask for a dissolution of a marriage if its part of the original marriage contract.

5. Sharia Law • Two primary sources of the Sharia law: • Qur’anic verses and the “Sunnah” • Matters that do not directly come under the primary sources are interpreted by • Islamic judges and religious leaders through the process of Islamic jurisprudence. • By applying analogies from the Prophet’s life • Consensus among Muslim scholars • The Council of Islamic Ideology (CII), Government of Pakistan is an advisory body that presents constitutional recommendations based on the Sharia to the Government and Parliament.

6. Expert Opinions • Various studies conducted and research scholars agree that the Marriage and Family laws are: • In favor of a man and are interpreted by male religious scholars • The man has the inalienable right to be able to divorce his wife at will • The wife can only seek dissolution of a marriage provided that this option was a part of the original marriage contract. • A woman’s only recourse to dissolve her marriage outside of her contract is to seek judicial divorce. This is a long drawn legal battle. • A woman has to register her divorce irrespective of the situation, it might be considered bigamy or adultery if she remarries without the registration. • A man is allowed to marry multiple times with the permission from his existing wives. • Women from poorer rural and tribal areas are subject to more trials and tribulations than the richer, educated counterparts.

7. Analysis • The interpretations of the Sharia depend entirely on the religious judiciary and leaders. • It depends not only their interpretations of the Qur’an and “Sunnah” but also the local and tribal customs. • The application of analogies from the Prophets life isn’t always relevant in today’s world. • The punishments are barbaric and includes stoning, flogging and parading women naked in public.

8. Recommendations • Ideal scenario – separate the enforcing of Sharia from the civil laws of family and marriage. • Real world suggestions: • Include women in the Islamic judiciary process • Clarify interpretation of the Sharia and codify it across the country and countries that practice Islam. • If all the Islamic countries created a committee to examine the Sharia laws and make recommendations taking in the current situation. • Educate women on their rights. • Provide rape-kits and make a listing of secular doctors in each area to make it accessible to all women.