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

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

3. Communication Policy Model Pakistan falls under Nationalistic-Cultural ModelPakistan 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.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.Only the parliament is democratically elected. The government controls all spheres of public life.The government controls all spheres of public life. Freedom of speech and press is controlled and regulated by the governmentFreedom 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.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.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 The legal age for marriage for male – 18 years, female – 16 years A marriage has to be registered to be validA marriage has to be registered to be valid A man can practice polygamy with a written permission from his existing wife.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.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:Two primary sources of the Sharia law: Qur’anic verses and the “ Sunnah”Qur’anic verses and the “ Sunnah” Matters that do not directly come under the primary sources are interpreted by Matters that do not directly come under the primary sources are interpreted by Islamic judges and religious leaders through the process of Islamic jurisprudence.Islamic judges and religious leaders through the process of Islamic jurisprudence. By applying analogies from the Prophet’s lifeBy applying analogies from the Prophet’s life Consensus among Muslim scholarsConsensus 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.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: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 scholarsIn 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 willThe 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.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’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 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.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.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.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.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 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.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.Ideal scenario – separate the enforcing of Sharia from the civil laws of family and marriage. Real world suggestions:Real world suggestions: Include women in the Islamic judiciary processInclude women in the Islamic judiciary process Clarify interpretation of the Sharia and codify it across the country and countries that practice Islam.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.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.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.Provide rape-kits and make a listing of secular doctors in each area to make it accessible to all women.