The Uniform Civil Code is a proposal in India to formulate and implement personal laws of citizens which apply on all citizens equally regardless of their religion, gender and sexual orientation. Currently, personal laws of various communities are governed by their religious scriptures. Implementation of a uniform civil code across the nation is one of the contentious promises pursued by India's ruling Bharatiya Janata Party. Personal laws are distinguished from public law and cover marriage, divorce, inheritance, adoption and maintenance. While Article 25-28 of the Indian Constitution guarantees religious freedom to Indian citizens and allows religious groups to maintain their own affairs, article 44 of the constitution expects the Indian state to apply directive principles and common law for all Indian citizens while formulating national policies.
Freedom of religion in Pakistan is guaranteed by the Constitution of Pakistan for individuals of various religions and religious sects.
The Hudud Ordinances are laws in Pakistan enacted in 1979 as part of the Islamization of Pakistan by Muhammad Zia-ul-Haq, the sixth president of Pakistan. It replaced parts of the British-era Pakistan Penal Code, adding new criminal offences of adultery and fornication, and new punishments of whipping, amputation, and stoning to death. After much controversy and criticism parts of the law were extensively revised in 2006 by the Women's Protection Bill.
Hudud is an Arabic word meaning "borders, boundaries, limits". In the religion of Islam, it refers to punishments that under Islamic law (sharīʿah) are mandated and fixed by God as per Islam. These punishments were applied in pre-modern Islam, and their use in some modern states has been a source of controversy.
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. 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.
Islamization or Shariazation, has a long history in Pakistan since the 1950s, but it became the primary policy, or "centerpiece" of the government of General Muhammad Zia-ul-Haq, the ruler of Pakistan from 1977 until his death in 1988. Zia has also been called "the person most responsible for turning Pakistan into a global center for political Islam."
The judiciary of Pakistan is the national system of courts that maintains the law and order in the Islamic Republic of Pakistan. Pakistan uses a common law system, which was introduced during the colonial era, influenced by local medieval judicial systems based on religious and cultural practices. The Constitution of Pakistan lays down the fundamentals and working of the Pakistani judiciary.
The Federal Shariat Court (FSC) is a constitutional court of the Islamic Republic of Pakistan, which has the power to examine and determine whether the laws of the country comply with Sharia law. The court was established in 1980 during the government of the President General Muhammad Zia-ul-Haq. It is located in the federal capital, Islamabad. It hears appeals under the Hudood Ordinances, a religious legislation in the country introduced in 1979.
Gender apartheid is the economic and social sexual discrimination against individuals because of their gender or sex. It is a system enforced by using either physical or legal practices to relegate individuals to subordinate positions. Feminist scholar Phyllis Chesler, professor of psychology and women's studies, defines the phenomenon as "practices which condemn girls and women to a separate and subordinate sub-existence and which turn boys and men into the permanent guardians of their female relatives' chastity". Instances of gender apartheid lead not only to the social and economic disempowerment of individuals, but can also result in severe physical harm.
Lesbian, gay, bisexual, and transgender (LGBT) people in Pakistan face legal and social difficulties compared to non-LGBT persons. Pakistani law prescribes criminal penalties for same-sex sexual acts. The Pakistani Penal Code of 1860, originally developed under the British Raj, criminalises sodomy with possible penalties of prison sentences from two years to a life sentence and fines. Despite its illegality, homosexual acts are only occasionally prosecuted by authorities in Pakistan. Other morality and public order provisions in the Penal Code are however used to target LGBT Pakistanis.
The Women's Protection Bill which was passed by the National Assembly of Pakistan on 15 November 2006 is an attempt to amend the heavily criticised 1979 Hudood Ordinance laws which govern the punishment for rape and adultery in Pakistan. Critics of the Hudood Ordinance alleged that it made it exceptionally difficult and dangerous to prove an allegation of rape, and thousands of women had been imprisoned as a result of the bill. The bill returned a number of offences from the Zina Ordinance to the Pakistan Penal Code, where they had been before 1979, and created an entirely new set of procedures governing the prosecution of the offences of adultery and fornication. Whipping and amputation were removed as punishments. The law meant women would not be jailed if they were unable to prove rape and their complaints of rape would not be seen as confession of adultery.
Syed Afzal Haider was a Pakistani legal figure who was the caretaker Law, Justice, and Parliamentary Affairs minister. He was also an author of several books.
The law of Pakistan is the law and legal system existing in the Islamic Republic of Pakistan. Pakistani law is based upon the legal system of British India; thus ultimately on the common law of England and Wales.
Honour killings in Pakistan are known locally as karo-kari. According to the Human Rights Commission of Pakistan, over 470 cases of honour killings were reported in Pakistan in 2021. But human rights defenders estimate that around 1,000 women are killed in the name of honour every year. An honour killing is the homicide of a member of a family or social group by other members, due to the belief the victim has brought dishonour upon the family or community. The death of the victim is viewed as a way to restore the reputation and honour of the family.
Sharia means Islamic law based on age-old concepts. Since the early Islamic states of the eighth and ninth centuries, Sharia always existed alongside other normative systems.
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.
Triple talaq and talaq-e-mughallazah are now-banned means of Islamic divorce previously available to Muslims in India, especially adherents of Hanafi Sunni Islamic schools of jurisprudence. A Muslim man could legally divorce his wife by proclaiming three times consecutively the word talaq.
Inheritance law in Pakistan are the law in Pakistan that is related to inheritance. Article 23 of the 1973 Constitution of Pakistan grants all citizens rights to property, though women have faced challenges to assert the rights. There have been government initiatives to educate and assist women with inheritance.
The Safia Bibi rape case involved the rape of a nearly blind teenaged girl named Safia Bibi in 1982 by her employers, in Sahiwal, Pakistan. When she was unable to prove the rape in court, she herself was charged with fornication under Pakistan's Sharia inspired Hudood Ordinances and sentenced to 3 years in jail, 15 canings and a fine.
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.
