The Rights of Women and Role of Superior Judiciary in Pakistan with special reference to family law case from 2004-2008

Muhammad Munir Dr., International islamic University, Islamabad

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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.