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Family law in Pakistan is governed by a combination of Islamic law and statutory law. The main source of Islamic law is the Quran, and the main source of statutory law is the Pakistan Muslim Family Laws Ordinance of 1961.
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Under Islamic law, marriage is considered a contract between two parties. Both men and women have the right to propose marriage and to accept or reject a proposal. The minimum age of marriage for men is 18 and for women is 16, with the exception of cases where a judge grants permission for a younger person to marry.
The process of getting married
in Pakistan involves the signing of a marriage contract, called a nikah, which
is performed by a religious official known as a qazi. The contract must be
witnessed by at least two adult Muslim males, and it must include the consent
of both parties and the dower, or mahr, which is a payment made by the husband
to the wife at the time of the marriage.
Divorce, or talaq, is also
governed by Islamic law in Pakistan. A man can initiate divorce by pronouncing
the word "talaq" three times, but the woman can also initiate divorce
by seeking a khula, which is a divorce by mutual consent. If the couple is
unable to reconcile, the divorce will be final after a waiting period of three
months.
Inheritance laws in Pakistan
are also based on Islamic law, which dictates that a fixed portion of a
deceased person's property should be distributed among their heirs according to
specific rules. These rules are based on the relationship of the heir to the
deceased, and they vary depending on whether the deceased is a man or a woman.
Pakistan has also enacted laws
to protect women's rights within the family. The Protection of Women Act of
2006 criminalizes certain forms of domestic violence, including physical,
emotional, and economic abuse. It also provides for the protection of women
against forced marriage, and it allows for women to obtain a restraining order
against an abuser.
However, despite these laws,
enforcement remains a major issue in Pakistan, and many women continue to face
discrimination and abuse within their families. In addition, cultural and
societal pressure often leads to a lack of reporting of such cases, and a lack
of support for victims.
In conclusion, family laws in
Pakistan are a complex combination of Islamic law and statutory law. These laws
provide for the rights of individuals within the family, such as the right to
marriage, divorce, and inheritance, but enforcement remains a challenge.
Furthermore, cultural and societal pressure often leads to a lack of reporting
of cases of discrimination and abuse, and a lack of support for victims.
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