Divorce in Pakistan

Last updated

Divorce in Pakistan is mainly regulated under the Dissolution of Muslim Marriage Act 1939 amended in 1961 and the Family Courts Act 1964. [1] Similar to global trends divorce rate is increasing gradually in Pakistan too.[ citation needed ] In Punjab (Pakistan), in 2014 khula cases registered were 16,942 that rose to 18,901 cases in 2016. [2]

Contents

In 2019 in Karachi 11,143 cases filed, 2020 first quarter 3,800 cases filed, one and half year preceding to June 2020 cases filed were 14,943; out of which 4,752 disposed of effecting 2,000 women divorced in 2019 affecting 2100 children. [3]

According to Aizbah Khan of Bol news, Pakistan's prime minister Imran Khan holds popularity of Hollywood and Bollywood films to be responsible for increase in divorce rate in Pakistan. [3] [4] [5] [6] : 32:00 

According to Pakistani conservative Islamic scholarship provision of giving written notice to spouse for divorce is incompatible with Islamic laws and practices and they pressure the government to revoke such provisions. [7] [8] Section 10 (4) of the Family Courts Act, October 2005 provides for divorce procedure. [3]

For the Hindus, the divorce was legalized in Sindh in 2018 when Sindh Hindu marriage act was amended to add divorce and remarriage rights for Hindu couples. [9] [10]

Reason for divorce

Prolonged illness, infertility, disability, chronic illness, and mental health issues are some of the reasons for divorces along with western influence, decreasing trust and tolerance vis a vis the joint family system, unemployment, and financial stress, decreasing religious value education too are some of the reasons for an increase in the divorce rate in Pakistan.[ citation needed ] A culture of strong joint family connections in Pakistan can lead to interference from joint of family members that intensify marital discord. [2] Azher and Hafiza study on smaller sample size attribute reasons to in-laws interference, lack of mutual understanding, financial exploitation, and torturous environment. [11]

Domestic Violence and its prevalence

Intimate partner violence, also known as domestic violence, is a major cause for the breakup of marriages in Pakistan. [2]

US and western influence

Shazia Ramzan and Saira Akhtar ascribe multinational job opportunities and study scholarships for Pakistani women as reasons for the increase in the divorce rate in Pakistan;[ citation needed ] Murtaza Haider questions such anti-western theories, pointing out that few women have access to overseas study. Haider suggests to stopping domestic violence against wives will reduce divorce in Pakistan. [12]

Extra marital relationships

Pakistani spouses consider extra marital affairs as unforgettable and unforgivable act which leads to divorce situations [2]

Sexual Dysfunction

As per Khan, Sikander, Akhlaq while some women complained of their respective spouses being impotent or gay. [2]

Difficulties in availing remedies

Mohsina Munir and Tahira AbdulQuddus did a study of 500 female petitioners and found that these petitioners usually faced problems on account of very long suits, very costly expenses, insufficient awareness of legal provisions and lack of ease of legal support, insufferable false accusations, bribery, nepotism, unjust action taken on legal requirements and fake witnesses. [1]

Effects

As per to ‘Global Gender Gap Index 2018’, Pakistan scored 148 of 149 countries in terms of gender parity across four areas: education, health, economic opportunity, and political empowerment, that means women in Pakistan substantially miss on emotional and financial support and makes them helpless in marital discord situations. [2] Still women are stigmatized even if cause and decision of divorce is not her mistake. [1] [2] Children of separated parents have to struggle more to find his life partner in Pakistan. [2]

In the 2023 Global Gender Gap Report, Pakistan was ranked 142 of 146 total countries in terms of overall gender parity. [13]

Health

Women suffer insomnia, depression, anxiety, and panic attacks whereas men suffer psychologically for the longingness of their children. Distrust and loneliness are faced equally by both. [2]

Divorce compensation

According to Sulema Jahangir due to politically influential conservative mindset spread by Islamist clergy in south Asia many Muslim women bear with abusive marriages to avoid risk of finding themselves on the street. [8] It is not western influences or women behavior responsible for increasing divorce rate in Pakistan but cost of breaking up marriage to Pakistani male is minimal. Maintenance awarded to children is minimal, and even after giving lifetime service to her family, women don't get share in income or assets of their parting husband. [8] Sulema Jahangir says modern International standards and Convention on the Elimination of all Forms of Discrimination Against Women expect divorce proceedings to count women’s non-financial contributions to a marriage. Many other Muslim countries from Indonesia to Turkey are moving forwards in incorporating suitable legislations improving financial compensation to divorcee wives as mata’a (compensation of kindness) or haq meher (rightful mandatory compensation) through Nikah nama sharing husbands income and assets to better much levels (30 to 50% of assets while departing) also taking into account their non-financial contributions to the family, but Pakistan is lagging behind in social emancipation of divorcing wives. [8]

In literature, drama and media

A placard slogan “Divorced and happy!” at Aurat March (an International women's day march held since 2018) which intended to challenge social stigmatization, negative perception and discrimination of divorcee women conducive for continuation of abusive marriages came in public discourse on social media, also in mainstream media. [14] 2019 Pakistani TV drama named Meray Paas Tum Ho encompassing debate surrounding marital relationships getting estranged with foregrounding of romantic extramarital relationship, caught Pakistani national attention. [15] Referring to placard slogan “Divorced and happy!” Dawn images column says that Pakistani children are made to witness depressed, loveless, toxic marriages, while men too are responsible for divorces only women are held responsible and stigmatized, while as per the Human Rights Commission of Pakistan, percentage of married women have experienced sexual abuse, particularly domestic rape is up to 47%. [16]

See also

Related Research Articles

<span class="mw-page-title-main">Wife</span> Female spouse; woman who is married

A wife is a woman in a marital relationship. A woman who has separated from her partner continues to be a wife until their marriage is legally dissolved with a divorce judgment. On the death of her partner, a wife is referred to as a widow. The rights and obligations of a wife to her partner and her status in the community and law vary between cultures and have varied over time.

<span class="mw-page-title-main">Women in Pakistan</span>

Women in Pakistan make up 48.76% of the population according to the 2017 census of Pakistan. Women in Pakistan have played an important role throughout Pakistan's history and they are allowed to vote in elections since 1956. In Pakistan, women have held high offices including that of the Prime Minister, Speaker of the National Assembly, Leader of the Opposition, as well as federal ministers, judges, and serving commissioned posts in the armed forces, with Lieutenant General Nigar Johar attaining the highest military post for a woman. Benazir Bhutto was sworn in as the first woman Prime Minister of Pakistan on 2 December 1988.

<span class="mw-page-title-main">Hinduism in Pakistan</span> Overview of the presence, role and impact of Hinduism in Pakistan

Hinduism is the second largest religious affiliation in Pakistan after Islam. Though Hinduism was one of the dominant faiths in the region a few centuries ago, Hindus accounted for just 2.14% of Pakistan's population in the 2017 Pakistani census. The Umerkot district has the highest percentage of Hindu residents in the country at 52.2%, while Tharparkar district has the most Hindus in absolute numbers at 714,698.

<span class="mw-page-title-main">Human rights in Pakistan</span> Overview of the situation of human rights throughout Pakistan

The situation of Human Rights in Pakistan is complex as a result of the country's diversity, large population, its status as a developing country and a sovereign Islamic democracy with a mixture of both Islamic and secular law.

<span class="mw-page-title-main">National Commission on the Status of Women</span>

National Commission on Status of Women (NCSW) is a Pakistani statutory body established by the President Pervez Musharraf, under the XXVI Ordinance dated 17 July 2000. It is an outcome of the national and international commitments of the Government of Pakistan like Beijing Declaration and Platform for Action, 1995; and 1998 National Plan of Action (NPA) for Women, 1998.

<span class="mw-page-title-main">Bilawal Bhutto Zardari</span> Pakistani politician (born 1988)

Bilawal Bhutto Zardari is a Pakistani politician who served as the 37th Minister of Foreign Affairs, in office from 27 April 2022 to 10 August 2023. He became the chairman of Pakistan People's Party in 2007, following his mother's assassination. Bilawal belongs to the Bhutto family, a prominent political family of Pakistan and is the son of former Prime Minister Benazir Bhutto and President Asif Ali Zardari, and the grandson of former President Zulfikar Ali Bhutto. Bilawal had been a member of the National Assembly of Pakistan from 13 August 2018 till 10 August 2023. He re-elected as Member National Assembly of Pakistan in 2024 Pakistani general election from newly formed constituency NA-194 Larkana-I taken oath February 2024.

Polygamy in Pakistan is legally permissible, according to the law of 1961, but restricted to Muslim men, who may have a maximum of four wives at one time. However it is illegal for Hindus as per the Hindu marriage law.

<i>Durr-e-Shehwar</i> Pakistani TV series or programme

Durr-e-Shehwar is an Urdu-language Pakistani drama television series directed by Haissam Hussain and written by Umera Ahmad. First broadcast in Pakistan by Hum TV, Durr-e-Shehwar premiered on 10 March 2012 and was produced by Momina Duraid and Six Sigma Entertainment. The series featured an ensemble cast of Sanam Baloch, Samina Peerzada, Qavi Khan, Meekal Zulfiqar, Noman Ejaz, and Nadia Jamil in lead roles. It ended its run on 16 June 2012, after airing 15 episodes.

Violence against women in Pakistan, particularly intimate partner violence and sexual violence, is a major public health problem and a violation of women's human rights in Pakistan. Women in Pakistan mainly encounter violence by being forced into marriage, through workplace sexual harassment, domestic violence and by honour killings.

Abdul Haq is a Muslim cleric and Pakistani politician. He is among the leaders of the Bharchundi Shareef Dargah, and a locally influential figure. Haq was elected to the National Assembly of Pakistan from Constituency NA-200 (Ghotki-I) as a candidate of Pakistan Peoples Party (PPP) in 2008 Pakistani general election. He received 59,022 votes and defeated Khalid Ahmed Khan Lund, a candidate of the Pakistan Muslim League (Q) (PML-Q).

Feminism in Pakistan refers to the set of movements which aim to define, establish, and defend the rights of women in Pakistan.This may involve the pursuit of equal political, economic, and social rights, alongside equal opportunity. These movements have historically been shaped in response to national and global reconfiguration of power, including colonialism, nationalism, Islamization, dictatorship, democracy, and the War on Terror. The relationship between the women's movement and the Pakistani state has undergone significant shifts from mutual accommodation to confrontation and conflict.

Noorul Huda Shah is a Pakistani dramatist, short story writer, poet and columnist. She was also the Information Minister during the caretaker government in Sindh.

<span class="mw-page-title-main">Aurat March</span> Annual Pakistani womens rights marches

The Aurat March is an annual socio-political demonstration in Pakistani cities such as Islamabad, Karachi, Lahore, Multan, Peshawar and Quetta to observe International Women's Day.

Women Democratic Front (WDF) is an independent socialist-feminist organization based in Pakistan. It was founded in the federal capital Islamabad on March 8, 2018, by hundreds of delegates from Sindh, Balochistan, Punjab and Khyber-Pakhtunkhwa.

The Aurat Azadi March was started in 2018 in Pakistan by members of Women Democratic Front, other organizations like Women's Action Forum, Elimination of Violence against Women and Girls alliance, Young Teachers Association, Home-Based Women Workers Union, Awami Workers Party, Awami Jamhoori Party also joined the march on International Women's Day in Islamabad. Aurat Azadi March and Aurat March are organized by different groups of women since 2018. Aurat Azadi March is organized by group of socialist feminists whereas Aurat March is organized by group of liberal feminists. Aurat March was also started the same year by the group of individual women known as "Hum Aurtein" collective in Karachi and Lahore.

Mera Jism Meri Marzi is a slogan used by feminists in Pakistan to demand bodily autonomy and protest gender-based violence.

<span class="mw-page-title-main">Hindu marriage laws in Pakistan</span> Federal Law governing Hindu marriages in Pakisthan

In Pakistan, there are two laws governing Hindu marriages. One is the Sindh Hindu Marriage Act of 2016 which is applicable in the Sindh province of Pakistan and another is the Hindu Marriage Act of 2017 which is applicable in Islamabad Capital Territory, Balochistan, Khyber-Pakhtunkhwa and Punjab provinces. However, there are no laws and amendments made to register a marriage between two Hindus- one from Sindh and another from a different Province. Most of its articles are borrowed from Hindu Marriage Act, 1955 of British India, which was passed by British Raj.

The legislative assembly of Pakistan has enacted several measures designed to give women more power in the areas of family, inheritance, revenue, civil, and criminal laws. These measures are an attempt to safeguard women's rights to freedom of speech and expression without gender discrimination. These measures are enacted keeping in mind the principles described by the Quran.

<span class="mw-page-title-main">Coerced religious conversion in Pakistan</span> Human rights issue in Pakistan

In Pakistan, it is estimated that several hundred people belonging to the minority Hindu, Christian, and Sikh communities are kidnapped and forcefully converted or coerced through societal pressures to convert to Islam each year.

National Women's Day in Pakistan is 12 February of each year, chosen to mark the first women's march in Pakistan against the Zia ul Haq's military regime. The date 12 February 1983 is significant in the history of women's rights in Pakistan because the first such march was brutally suppressed by the martial law enforced by the police of General Zia ul Haq's regime. The Day is over three weeks before International Women's Day when the Aurat Marches take place in Pakistan.

References

  1. 1 2 3 Munir Mohsina, AbdulQuddus Tahira (2018). "Female Muslim Petitioners in Pakistani Family Courts-Cases, Problems and Solutions" (PDF). Al-Adwa. 50: 51 to 58 – via pu.edu.pk.
  2. 1 2 3 4 5 6 7 8 9 Khan, Gulwish; Sikander, Pireh; Akhlaq, Ather (2019). "Factors Pertaining to Rising Divorce Rate and Its Consequences on the Family Culture of Pakistan: A Qualitative Study". IBT Journal of Business Studies. 15 (2): 199–210. doi: 10.46745/ilma.jbs.2019.15.02.13 . ISSN   2409-6520.
  3. 1 2 3 "Divorce, Family dispute cases Surge in Karachi". BOL News. 2020-06-13. Retrieved 2020-06-21.
  4. ↑ Dawn.com (2021-06-22). "PTI MNAs defend PM Imran's heavily criticised comments on rape". DAWN.COM. Retrieved 2021-11-03.
  5. ↑ "PM Imran warns of consequences of adopting western culture". The Express Tribune. 2021-10-11. Retrieved 2021-11-03.
  6. ↑ Khan, Imran (10 Oct 2021). "PM Imran Khan Speech Today @ Rehmatul-lil-Alameen (SAWW) Conference". Bol News @ YouTube.
  7. ↑ http://pu.edu.pk/images/journal/studies/PDF-FILES/36_v21_1_20.pdf [ bare URL PDF ]
  8. 1 2 3 4 "An unequal partnership". Dawn. 2020-03-02. Retrieved 2020-06-21.
  9. ↑ "In its last session, Sindh Assembly grants Hindu widows right to remarry". Express Tribune. 26 May 2018. Retrieved 14 November 2020.
  10. ↑ "Pak's Sindh to let divorced or widowed Hindu women remarry". Times of India. 11 August 2018. Retrieved 14 November 2020.
  11. ↑ Qamar, Azher Hameed; Faizan, Hafiza Faiza (2021-07-04). "Reasons, Impact, and Post-divorce Adjustment: Lived Experience of Divorced Women in Pakistan". Journal of Divorce & Remarriage. 62 (5): 349–373. doi:10.1080/10502556.2021.1871840. ISSN   1050-2556. S2CID   234003896.
  12. ↑ Haider, Murtaza (2015-08-26). "The US is making Pakistani wives divorce their husbands". DAWN.COM. Retrieved 2020-05-25.
  13. ↑ "Global Gender Gap Report 2023 - World Economic Forum".
  14. ↑ Mohydin, Rimmel (16 March 2019). "Womansplaining the Aurat March: Dear men, here's why Pakistan's women are asserting their rights". Scroll.in. Retrieved 2021-03-23.
  15. ↑ Sarfraz, Mehmal (2020-02-15). "The 'good' and 'bad' women of serials: How a Pakistan show has triggered debates on depiction of women on television". The Hindu. ISSN   0971-751X . Retrieved 2020-04-10.
  16. ↑ Images Staff (2020-03-03). "Before you get all worked up about Aurat March, read what it stands for". Images. Retrieved 2021-03-23.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.