قاعدة بيانات الجنسين والحقوق في الأراضي التابعة لمنظمة الأغذية والزراعة

Pakistan

Discrepancies/gaps between statutory and customary laws

- Although the principle of equality is enshrined in Article 25 of the Constitution, customary practices, such women’s seclusion under purdah, foster male domination both within the family and within society (9). 

- Although the Article 23 of the Constitution gives women the legal right to own and dispose of property; however, according to customary practices, women have only usufructuary rights over land. Even when women do own property, it is the husband who manages it (8).

- Although the 1962 West Pakistan Muslim Personal Law Shariat Application Act entitles Muslim women to inherit all property, including agricultural property, under customary law, most women do not inherit property. Social pressures from the family and fear of isolation may lead women to forfeit their share (14). When they do inherit, women often receive far less than their legal inheritance entitlement (15).

- Although the 1939 Dissolution of Muslim Marriage Act guarantees women with the right to divorce, the Act also requires an intervention on the part of the court. As a result, in practice, it is difficult for women to access the right to dissolve the marriage (8). Moreover, upon divorce, husbands rarely provide their former wives with the necessary documentation certifying the actual dissolution of marriage, hampering women from being able to remarry without being accused of adultery (8).


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