1. Now Walk the Talk, Imran
  2. Violence against Minorities
  3. Unsheltered
  4. Lumbering Giant with a Midget’s Mentality
  5. How to Encourage Terrorism
  6. Faisalabad in 2028
  7. Mental Illness & the Progress of a Nation
  8. Child Sexual Abuse
  9. Living amongst the clouds : Aalia Bux
  10. Mental health – What soldiers can teach us
  11. Many Cookies still to Crumble
  12. Steering Through Turbulence
  13. ExxonMobil – Close to hitting huge oil reserves in Pakistan, bigger than Kuwait’s
  14. NAYA PAKISTAN?
  15. Making ADR work for Women
  16. Women’s Rights under Family Law
  17. Shutting the Door on Refugees
  18. Water Challenges and Opportunities
  19. In Conversation with Dr. Ghulam Rasul on Hydrology
  20. In Conversation with Shafqat kakakhel: Internal Water Management Practices
  21. Come on Skipper !
  22. GUMM
  23. Annus Horibilis
  24. The Inhumanity of Pakistan’s Coal Industry
  25. Iran Nuclear Deal The U.S Withdrawal
  26. Method in the Madness
  27. Legal System Reforms
  28. Power Over Impulse
  29. Refugees and Migrants are People too
  30. PTCL – A Nonstop Journey Towards Excellence
  31. Gulgee – The Last of The Greats
  32. Patrik Hoffmann – Sonraj
  33. Pakistan’s Primordial Hindu Heritage
  34. Pakistan’s Migrant Tragedy
  35. PTCL – Fastest Growing Brand in Pakistan
  36. Keep Pakistan’s Wagon Hitched To The China Star
  37. Anique’s Chocolate Cake
  38. Selfless & Fearless – Lahore Qalandars
  39. NEWS PICKS
  40. Intellectual Property and Tourism
  41. Fitness with the Mughal
  42. REBEL WITH A CAUSE
  43. The Big Fat Lie – Cholesterol (Part-1)
  44. Mummy’s Recipes Roast Chicken & Veg
  45. ENGAGING HEADS HEARTS AND HANDS
  46. The Big Fat Lie – Cholesterol (Part-2)
  47. Q & A with Star of Parchi
  48. Addressing Sexual Abuse
  49. Q & A with EMAN ZAEEM & MEHR SAAD
  50. Pakistan’s Lost Children
  51. ENGLAND AND THE INDUSTRIAL REVOLUTION
  52. STICK WITH FRIENDS AND DITCH THE ENEMIES
  53. The Phenomenon that Stephen Hawking was!
  54. In Conversation with ANUSHAY ZEESHAN
  55. Q & A with owner of District 6 – Anum Rafat
  56. Ali Rehman Khan – Naturally A Star
  57. MUNIBA`S Call for Tolerance & Justice
  58. Q&A Muniba Mazari
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  76. Five major political events of 2017
  77. WHAT DOES TRUMP’S TWEET MEAN FOR CPEC AND THE REGION
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  80. 2017 FOR PSX – THE CLIMB AND THE DECLINE
  81. What we can learn from Ghalib
  82. QUINOA SALAD WITH THAI DRESSING
Wed, Dec 19, 2018
  1. Now Walk the Talk, Imran
  2. Violence against Minorities
  3. Unsheltered
  4. Lumbering Giant with a Midget’s Mentality
  5. How to Encourage Terrorism
  6. Faisalabad in 2028
  7. Mental Illness & the Progress of a Nation
  8. Child Sexual Abuse
  9. Living amongst the clouds : Aalia Bux
  10. Mental health – What soldiers can teach us
  11. Many Cookies still to Crumble
  12. Steering Through Turbulence
  13. ExxonMobil – Close to hitting huge oil reserves in Pakistan, bigger than Kuwait’s
  14. NAYA PAKISTAN?
  15. Making ADR work for Women
  16. Women’s Rights under Family Law
  17. Shutting the Door on Refugees
  18. Water Challenges and Opportunities
  19. In Conversation with Dr. Ghulam Rasul on Hydrology
  20. In Conversation with Shafqat kakakhel: Internal Water Management Practices
  21. Come on Skipper !
  22. GUMM
  23. Annus Horibilis
  24. The Inhumanity of Pakistan’s Coal Industry
  25. Iran Nuclear Deal The U.S Withdrawal
  26. Method in the Madness
  27. Legal System Reforms
  28. Power Over Impulse
  29. Refugees and Migrants are People too
  30. PTCL – A Nonstop Journey Towards Excellence
  31. Gulgee – The Last of The Greats
  32. Patrik Hoffmann – Sonraj
  33. Pakistan’s Primordial Hindu Heritage
  34. Pakistan’s Migrant Tragedy
  35. PTCL – Fastest Growing Brand in Pakistan
  36. Keep Pakistan’s Wagon Hitched To The China Star
  37. Anique’s Chocolate Cake
  38. Selfless & Fearless – Lahore Qalandars
  39. NEWS PICKS
  40. Intellectual Property and Tourism
  41. Fitness with the Mughal
  42. REBEL WITH A CAUSE
  43. The Big Fat Lie – Cholesterol (Part-1)
  44. Mummy’s Recipes Roast Chicken & Veg
  45. ENGAGING HEADS HEARTS AND HANDS
  46. The Big Fat Lie – Cholesterol (Part-2)
  47. Q & A with Star of Parchi
  48. Addressing Sexual Abuse
  49. Q & A with EMAN ZAEEM & MEHR SAAD
  50. Pakistan’s Lost Children
  51. ENGLAND AND THE INDUSTRIAL REVOLUTION
  52. STICK WITH FRIENDS AND DITCH THE ENEMIES
  53. The Phenomenon that Stephen Hawking was!
  54. In Conversation with ANUSHAY ZEESHAN
  55. Q & A with owner of District 6 – Anum Rafat
  56. Ali Rehman Khan – Naturally A Star
  57. MUNIBA`S Call for Tolerance & Justice
  58. Q&A Muniba Mazari
  59. Health Quotient (Dental health)
  60. Money for nothing, bits for free
  61. FinTech
  62. TRADING THREATS OF WAR
  63. Crisis of Civilization
  64. Child Sexual Abuse
  65. Education is the only Solution
  66. Fit for Purpose
  67. BLUE CHIP TALKS TO THE CREATOR OF TEETOO AND TANIA
  68. Mini meringue recipe
  69. NEW ANIMATED TV SERIES PAKISTANI
  70. Changing the Perception of Public Transport Motorway Express
  71. AUSTENISTAN DEBUTS WITH ELEGANCE AND ENTHUSIASM
  72. PAKISTAN’S WOMEN OF 2017
  73. THE BEAUTY IN BUSINESS
  74. PERCEPTIONS ARE ALSO REALITY
  75. Blue Chip Q/A with Atiqa Odho
  76. Five major political events of 2017
  77. WHAT DOES TRUMP’S TWEET MEAN FOR CPEC AND THE REGION
  78. THE GLOBAL ECONOMY IN 2017
  79. AFGHANISTAN GOING DOWNHILL
  80. 2017 FOR PSX – THE CLIMB AND THE DECLINE
  81. What we can learn from Ghalib
  82. QUINOA SALAD WITH THAI DRESSING

During an apprenticeship with a family law specialist, I encountered numerous married women, seeking divorce, most of them having heart-wrenching stories. It was at this time that I realised the importance of legal awareness about the right to divorce, entitlements, maintenance and avenues for legal redress and more broadly, the importance of girls’ education, empowerment and rights, as these have far reaching implications.

A Nikahnama is a legally binding civil contract that lays out rights and obligations agreed upon by both parties. It plays a pivotal role in upholding the rights of women after marriage. However, seldom do we treat this agreement with the importance and vigilance that it deserves. Most brides simply sign their names without so much as reading it first and most families remain oblivious to the implications it holds for the future. There is a dire need to spread awareness about the clauses that exist within this document.

Muslim law knows various forms of dissolution of marriage. Talaq refers to the husband’s unilateral right to terminate the marital tie. The common perception is that Islam does not allow women the right to divorce. However, Section 18 of the Nikahnama allows the wife the right to divorce if she wishes to, known as the Talaq-e-Tafweez.

A woman will often seek a Khula which is not the same thing as divorce, it allows a woman to retain her rights over the dower amount, maintenance or alimony. However, Section 18 is rarely invoked and a woman’s right to divorce is simply dismissed, viewed as taboo and contrary to tradition.

The clause is often struck out by the individual solemnising the Nikah and sometimes by the bride’s own relatives.

Clause 13 pertains to dower or Mehr, which is a sum of money or other property which becomes payable by the husband to the wife as an effect of marriage. It may consist of anything that can be valued in money, is useful and ritually clean. Mehr can be classified into “prompt” or “deferred” dower. The former is payable immediately on marriage whereas the latter is payable on the dissolution of the marriage by death or divorce, or under specific circumstances. Mehr is wholly and solely the wife’s right and must be paid, even if she waives her right to receive it because under Islamic law, a pre-nuptial agreement releasing the husband from his obligation to provide the wife with dower is regarded as a void contract.

Clause 17 allows both parties to stipulate any special terms or conditions they deem necessary such as the right to work or study, allowance, progeny custody, alimony, pocket money, house work, divorce conditions and so on. It gives the parties complete freedom to tailor their marriage as per their wishes. Unfortunately, this section is often left unfilled.

The last of these crucial sections pertains to polygamy. Clauses 21-22 clearly articulate that the husband may only marry a second woman after getting permission from the first wife. The Pakistani law on Muslim polygamy was subjected to reform in the Muslim Family Laws Ordinance 1961. A man must obtain the permission of his local Union Council stating his reasons for seeking to marry another wife and whether or not the existing wife has consented. However, the provision seems to be futile, and totally ineffective. The restriction appears to be a formality whose violation carries almost no legal sanctions. There is a need for stricter laws with regard to husbands who violate this covenant of the law with impunity.

The Quran gives specific instructions in matters of inheritance, marriage, divorce, etc. There is no lack of laws regarding women’s right to divorce, but a lack of awareness and will to implement. There is a need to educate society so that women get legal protection under the law. In a country so charged with human suffering, there exists the need for people to stand in solidarity and fight for the marginalised communities.

By Leena Nishtar

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LATEST POSTS

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Unsheltered

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Lumbering Giant with a Midget’s Mentality