Laraib Nisar
March 9, 2021 is marked an important day in Pakistan as the Supreme Court reiterated the financial rights given to women by Islam in the sharia law. A 12-page judgment by Justice Qazi Faez Isa after hearing a property matter stated that Islam has given exceptional legal rights to women. The important economic rights given to women by Islam were highlighted in the judgment.
According to the Sharia law, the bridal gifts given at the time of marriage are the wife’s property, and remain hers. These gifts can be added to but not taken away from her in any case. Moreover it highlighted women’s right to own and dispose of her property; her right to retain – both before and after her marriage – her income and property; her ability to do business without permission of her father or husband and keep and spend what she earns, which means that every woman in Pakistan has the right to attain economic independence as per her own choice and decision.
Additionally, Justice Isa added that a woman has every right to own property and run a business along with inheriting from her parents and husband, and also suggested husbands to make wills to provide for their wives.
The judgment also included citations from the Holy Quran about women’s rights to enter into contracts and to witness contracts, get benefit from what they earn. Though the judgment is a good news for women across the country facing grave violations of these rights, but the main question i.e. implementation of these laws, still stands unanswered.
There is no doubt about the fact that Islam is the biggest advocate of women rights and a large portion of the Sharia law highlights the rights available for women, but the issue of lack of implementation persists. The basic reason behind the frail application of these laws is the lack of public awareness of the available legislation along with the cultural setup which doesn’t permit individuals to question the existing cultural norms and to speak up for their rights or against any violation of their legal rights.
It is high time for the government to make policies for the effective implementation of the rights provided by the constitution and judicial verdicts, to achieve the greater goal of a sound and well-established society. This can be done by introducing the concept of accountability in law enforcement institutions, and forming a comprehensive mechanism for the step-wise execution of policies and laws. Moreover, it is extremely important to raise awareness among the public masses about the rights available for them, especially women residing in the rural areas, and women outside the economic and literateness domain. The comprehensive execution of such verdicts is essential for achieving a tolerant society where the principles like gender equality are practiced.
The author Laraib Nisar is a Defense and Strategic Studies’ graduate, working as a Research Associate at Center for Research and Security Studies (CRSS) Islamabad.
