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Family Laws in Pakistan

    • Pakistan has had a turbulent history throughout much of the 20th century, as well as within the new millennium, in regards to the violence surrounding the region. Some of the basis of their legal system is upon English common law; however, other parts of the system are considered Islamic law. Much of the basis of personal and family law is based upon Islamic law, while commercial industries follow common law more closely.

    Basis

    • Many of the laws within Pakistan--including those regarding family laws--are based upon the constitution, which was filed April 10th, 1973. Although the constitution has been suspended several times, including in 1973, 1977, 1985 and 1999, it still remains one of the main governing bodies in regards to family law. Article 2A, passed in 1985, reaffirms the objectives of the constitution as a tool to enforce an Islamic-based republic and requires all laws to be compared with the Quran, as well as Sunnah, prior to being enacted.

    Marriage

    • Marriage is considered to be governed by "Hanafi" law. Since 1997, it has been ruled that a Muslim woman can contract herself into marriage without any consent from outside parties for the validity of the marriage. Polygamy is considered a legal practice within Pakistan; however, it requires an application to be sent to a local Union Council, requesting permission and also notifying the Union of existing wives. Permission will then be granted based upon the Union Council's authority. Illegal contracting of polygamous marriages is considered sufficient grounds for the first wife to decree a dissolution to the marriage.

    Divorce

    • Family law in regards to divorce can be disadvantageous for women within Pakistan. There are only specific circumstances where women can be granted a divorce, including when a wife has been deserted by her husband for four years, a husband's imprisonment for seven years, a husband illegally entering a polygamous marriage, and when the wife is younger than the age of 18, assuming she was contracted into the marriage prior to the age of 16 and never consummated the marriage.

      Pakistan also allows divorce for the wife without the husband's consent, assuming she is being abused and is willing to give up any finances or financial rights.

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