Rights Of Divorced Women: Alimony In Pakistan

RIGHTS OF DIVORCED WOMEN: RIGHTS OF DIVORCED WOMEN: ALIMONY IN PAKISTAN By Aaima Asad, Advocate High Court, Lahore Attaining equity between men and women and eliminating all forms of discrimination and violence (Physical, Sexual, Psychological and Economic) against women has been recognized as one of the goals within Pakistan1. Often, these different forms of abuse are not mutually exclusive and multiple incidences of violence can be perpetuated simultaneously, reinforcing each other. It is vital to acknowledge at the very outset that structural and institutional violence, which manifests as the exclusion or subordination of women in economic, social and political life, explains the prevalence of continued violence against women within Pakistan. Every year there are countless meetings, seminars, conferences etc. in Pakistan where these issues are hotly debated and discussed and it is reaffirmed and posited that women must be given equal opportunities in all spheres of life. Furthermore, it is often fiercely advocated that liberation and emancipation of women from the socially restrictive dogmas of the Pakistani society are imperative for the country's progress and growth. Women's economic empowerment is vital because it is a powerful vehicle for achieving rights; it facilitates poverty reduction as women contribute more to their families, society and the national economy. Nonetheless, the voice and presence of women is glaringly absent in the administration of the affairs of the Pakistani State and society. Currently Pakistan has a total population of 220,892,340, based on the latest United Nations data2. The current female population amounts to 49.2%3 of the total population. Pakistan fares very poorly on global gender indices, especially regarding women's economic participation and educational attainment with only 34.18% of females receiving secondary education4. Pakistan's economy presents an alarming situation where women's labour force participation is merely 21.9%5. Financial stability is an imperative step towards women empowerment. However, limited access to education and subsequently, finding safe and well-paying jobs are sparse for women in Pakistan. The focus of the average Pakistani household is to groom their daughters for marriage rather than focus on their education and allow them to become independent in their own right. As per the figures published by the Pakistan Bureau of Statistics, 63.04% of the population of Pakistan is married6. The UNICEF reports indicate that 21% of girls in Pakistan are married before they are 18 years old and 3% are married before the age of 157. According to UNICEF, Pakistan has the sixth highest number of child brides in the world. Therefore, in most circumstances; women go from being the responsibility of their father to becoming the responsibility of their husband. At no point during this period are these women financially independent since they are taught, and internalize, that their domain and responsibility lies within the confines of their house; within the private sphere. Similarly, men are taught that they are responsible for providing for their families; the husband's parents, wife and children, and that the public sphere is their domain. This stark dichotomy that is ingrained into children (men and women alike) shape their mindsets and their perception of the world. While men may spend large portions of their time pursuing higher studies or working long hours to get the required promotion at work, their wives are toiling around the clock making sure that the house, the children and her in-laws are well looked after often at the expense of her dreams and desires. This unpaid domestic labour may very well carry on for the rest of the woman's life but it goes unseen and undocumented. Men who earn, often buy expensive movable and immovable property in their own names and while the wife is living with the husband he supports and maintains her and she enjoys the use of those amenities. Sometimes in Pakistan, women will live and die, never having owned a single rupee. According to a report published by the Punjab Economic and Social Wellbeing Survey in 2018 only 6% of women had accounts in formal banking institutions and only 13% had access to credit.8" This is the system that is currently dominant within Pakistan. It has come to light that due to the lack of financial security and independence of the woman, she often becomes subservient to her husband rather than maintaining her status as an equal partner in the marriage. This imbalance of power leads to the rise of many forms of abuse. The abuse has become so rampant that the United Nations has recognized that, broadly speaking, three human rights principles must be embedded within the structure and framework of the institution called 'family': equality and non-discrimination, the right to live a life free of violence, and the best interest of the child9, all three which are usually missing from majority of the toxic marital relationships that exist within Pakistan. Domestic violence against women is prevalent and manifests in various forms in Pakistan. According to the Human Rights Commission of Pakistan, the percentage of women who encounter domestic abuse/violence ranges from about 70 - 90 percent. Bustamante-Gavino conducted a study on health professionals in Karachi and the result has shown that 97.5% of women faced verbal abuse from their husbands, whereas 97.0% from their in-laws. Regarding physical abuse, it was documented that 80.0% of women experienced beatings by their husbands, whereas 57.5% from their in-laws10. The spectrum of abuse encapsulates all types of physical, psychological, and reproductive abuse. Such abuse can lead to women developing depression, fear, anxiety, low self-esteem, sexual dysfunction, eating problems, obsessive-compulsive disorder, and post-traumatic stress disorder11. Other consequences include suicide attempts or even murder12. However, Andersson et al (2010) illuminates and highlights the fact that only 0.2% cases of domestic abuse are reported13. Women who transgress the narrowly defined boundaries of behavior by exercising their fundamental human rights as enshrined in the Constitution of Pakistan, 1973, are instantly and fiercely encountered by even more violence, family estrangement and stigmatization. Sabira Khan, for example, who was married at the tender age of 16 to a man more than twice her age, was shortly after her wedding in 1991 told by her husband that she must never see her family again. When in December 1993 she tried to break this rule, she said that he and his mother poured kerosene over her and set her on fire. At the time she was three months pregnant. Despite 60 percent burns she survived, badly scarred. She has fought since then to bring charges against the perpetrators, so far in vain. The magistrate in Jhelum upheld her husband's argument that Sabira was insane and had set herself on fire14. Sabira is not an exception. Thousands of women in Pakistan face similar abuse at the hands of their husbands and in laws, primarily due to their weak financial standing and inability to leave and live independently. Majority of police officers and especially the lower courts in Pakistan appear convinced that any interference in the patriarchal structure in Pakistan will disrupt society. They, subsequently guard against any disruption or upheaval. This attitude ignores that the existing structure of society perpetuates a discrimination based on gender which deprives one half of the population of their basic human rights. In order to avoid the aforementioned increase in their suffering, many women stay in abusive marriages. However, even the silent subordination of women is at times not enough for abusive partners who wish to divorce their wives, often over trivial matters. Since our societal structures encourage women to restrict their role and confine their activities to the house, termination of financial support from the spouse upon the breakdown of marriage leaves women from all stratum of society in an extremely vulnerable position. This, coupled with a lack of State support for single women in the form of long-term government housing or unemployment benefits for financially dependent women, exacerbates the vulnerability of women leaving abusive marriages. A Muslim male in Pakistan, and more generally under Islamic law, has the legal right to terminate the marriage contract (unilaterally) by using any of these three different methods; that is, talaq-i-ahsan, talaq-i-hassan and talaq-i-bidat15. Some Muslim scholars have deviated from the express teachings of the Sunnah by favoring the al-bida form of divorce16, which has consequently allowed Muslim men to get rid of their unwanted wives instantly. By patronizing the al-bida form of divorce, the Muslim scholars have, on the one hand, made it easy for men to throw out their wives at their pleasure. On the other hand, they have left the divorced women indigent and penurious. This appears to be a violation of Quranic pronouncements which strictly advocates for kindness and fairness in all dealing pertaining to every facet of life. Unfortunately, the same teachings are not practiced in this domain. In Pakistan, especially with regards to Muslim marriages, the marriage contract, known as the nikkah-nama, has been uniquely understood in contractual terms17. The nikkah-nama is prescribed under the rules framed vide The Muslim Family Laws Ordinance (MFLO), 1961. Within the aforestated nikkah-nama there is a clause for dower - also known as the Haq Mehr - which the husband is obligated under the law to give to his wife at the time of signing the contract (although there may be deferred payment depending on the circumstances) in order for the contract to be validly created18. The concept of dower (prompt or deferred) is envisioned as a form of financial protection in case the divorce is pronounced by the man19. However, practically speaking the amount is often nominal and fails to serve the purpose of providing the woman with a financial safety net after the divorce is finalized. In Pakistan, the bridal gifts given to the wife as dowry/jahaiz are the exclusive property of the wife during or after the marriage20. Upon dissolution of marriage the wife is entitled under the law to claim deferred dower21 and maintenance during the period of iddat which roughly lasts for three lunar cycles. However, practically speaking since women do not keep receipts of the gifts and items' they bring with them, return of the same is also not prompt, thus, once again leaving the woman in a financially vulnerable position where her ability to recover from the loss of income is not cushioned in any manner. In certain situations, the woman's family, her father or brother has to initiate and follow through with long drawn-out litigation in order to recover these items, which once again places the woman under more financial strain post-divorce. For clarity, it should be highlighted that there is a difference between Haq Mehr, maintenance of the wife during marriage, maintenance of the wife during iddah22, child support and maintenance post-divorce/alimony. At the time of marriage, the man is obligated to give his wife Haq Mehr. Subsequently, the husband is under a duty to give the wife a certain sum of money (this stipulation may or may not be a part of the original nikkah-nama) during the time the two are married for her personal expenses and to run the household in general. If the marriage breaks down and the man divorces the woman, he is still required to pay the wife the same amount of money that he was giving her while they were married, for three lunar cycles23 while she is in iddah, until the divorce is finalized. Furthermore, it is obligatory upon the ex-husband, after divorce, to provide for the expenses of his children. This is estimated according to what suffices their needs including, food, drink, residence, education and anything necessary for their life. This is determined according to the father's financial ability24. However, under Pakistani law there is no concept of post-divorce maintenance for the woman. Divorced women are once again financially dependent on her fathers, brothers or uncles since they are mostly uneducated and cannot sustain themselves or their children independently. If refused accommodation by her family post-divorce; the average Pakistani woman becomes homeless and destitute. In these circumstances the State should ensure that such women are protected, even though currently, no such law is in existence. Within the Constitution of Pakistan, 1973, Article 2 stipulates that Islam shall be the State religion of Pakistan. Generally, under traditional Islamic law, post-divorce maintenance was held to be unjustified because it was seen as an "additional" benefit to the wife. It was argued that the wife had "exhausted her share" during the marriage by being fed, clothed and sheltered by her husband. Therefore, while maintenance of the wife was permissible during the three-month religiously imposed waiting period ("iddat-al-talaq") it was not obligatory afterwards. Nonetheless, several pre-eminent Islamic scholars have written in support of providing women with maintenance post-divorce, despite the existence of current traditions not to do so. They assert that post-divorce maintenance is not only acceptable, but required under Islam. The support in favour of post-divorce maintenance for a divorced wife after the expiry of iddat, is based upon using the concept of Mut'ah by some interpreters, relying on the Qur'anic verses 236, 240, 241 in Chapter II and verse 49 in Chapter 33. Verse 236 refers to the husband making a suitable gift according to his means to the wife at the time of divorce. Verse 240 deals with the provision of maintenance for widows, and requires Muslim men to make a bequest for one year's maintenance and residence for the wife after their death25. Whereas Verse 49 states that if a marriage ends before consummation, men should make provision for women and release them in an honorable manner26. In light of the paragraph above, the term Mut'ah requires some clarification. Various renowned Islamic scholars have shed light on this matter. Ibn-Kathir defines Mut'ah as compensation to the wife resulting from the loss of divorce27. Imam Abu Jafar Muhammad ibn Jarir al Tabari believes that Mut'ah is a strict duty of the husband being ordained by Allah28. Similarly, Mohammad Ibn Ahmad al-Ansari al-Qurtubi in line with the perspective and understanding posited by Imam Tabari elucidates and expounds upon the fact that Mut'ah is a binding duty on all Muslims29. Dr. Muhammad Adam El Sheikh, a former shari'ah judge in Sudan and resident imam in one of the United States' largest Islamic centers, is another vocal advocate of reforming this area of law. Citing Islamic legal sources, coupled with highlighting facts of the grave injustices he saw perpetrated against divorced Muslim women, he argues that there are Qur'anic justifications for awarding post-divorce maintenance. Dr. El Sheikh argues that mut'at-al-talaq is one of the rights "fixed" in Islamic law for women, in addition to dowry, maintenance during the marriage, and inheritance upon the death of the husband. He quotes directly from Holy Qur'an, citing the verse which states: "There is no blame if you divorce women before the marriage is consummated or the dowry is settled. But give them a 'suitable' compensation --- the rich according to his means and the poor according to his - this is a duty for those who do good." [Al-Baqarah, 236] "Divorced women shall also have such maintenance as is considered fair: this is a duty for those who are mindful of God." [Al-Baqarah, 241] Verse 241 does not set any time limit for maintenance to divorced women, nor does it lay a specific limit to the amount of Mut'ah, mentioning 'reasonable maintenance' only. In other words, the Qur'anic legislation lays down a minimum requirement, and nowhere in the Qur'an is there a prohibition on providing more than the minimum. Thus, Mut'ah is to be given to the wife with kindness and humility. In addition to the aforementioned, Rafiullah Sahab's analysis of historical events concludes that when a wife was divorced, even her servants were provided for and the cost was borne by the ex-husband. Rafiullah Sahab thus argues that if a servant of the divorced wife was provided for, the ex-wife must have been provided with maintenance herself and requests the Uluma to study the issue in this light, in a manner that is unbiased and not heavily skewed in favor of men alone30. Dr. Sibayee, another scholar of the modern days, suggests that compensation in the form of Mut'ah needs to be paid to the divorced wife till she remarries and if she is not of marriageable age, for the rest of her life, to allow her to live an honorable life31. Therefore, it can clearly be discerned that Islam does not forbid financial protection for women in marriage and upon divorce. In fact, the Quran contains multiple provisions for the financial support of women post-divorce. The doctrine of Mut'ah clearly refers to an award of maintenance to the divorced wife for life or, till she remarries, piecemeal or in a one-time transaction. Some religious interpreters, along with the majority of Muslim men, have undertaken abiding by the literal wording of the verse to address only "the righteous" and claim that it does not apply to "regular Muslim men". Therefore, they have subsequently claimed that it is optional and not mandatory for Muslim men to pay Mut'ah to their divorced wives. However, many influential authorities and Islamic scholars have ruled otherwise. Imam at-Tabari, for instance, has stated that: "God almighty revealed [the verse] to His subjects as a proof that every divorcee is entitled to mut'ah32." Certain Muslim scholars have even offered a more expansive perspective on the matter. Ibn Hazm al Andalussi, in his Muhalla bi al-Athaar, stated that: "Mut'ah is a duty upon every man divorcing (his wife) ... whether he consummated the marriage or not, whether he agreed on a set Mahr or not ... and the ruler must force (the husband) to pay it whether he likes it or not ... Mut'ah is not nullified in the event of the husband revoking the divorce before the end of the waiting period, 'iddah, nor is it nullified by the husband's death or the wife's death. It still goes to her or her heirs and is taken from his capital.33 " Except for the deferred Mahr and the Mut'ah, there is very little in Islamic jurisprudence on the subject of assessment of post-divorce financial support and almost nothing on marital property settlement between the (divorced) husband and his former wife. Practically speaking, therefore, when a divorce occurs, except for the deferred Mahr and a symbolic Mut'ah set by the judge, women often find themselves outside the marital home, with no income or resources, forced to start over. Their hard work during the marriage goes un-rewarded. The husband, on the other hand, solely benefits from the wealth accumulated during the marriage, especially since in an overwhelming majority of cases, all the property is acquired in the husbands' name. During divorce proceedings, since emotions take precedence over logical thinking, usually by both parties, this leads to a skewed division of marital assets. The right of the woman to those assets is immediately forsaken, especially if those women were not permitted to take part in financial decision making during the marriage, and therefore, were ignorant of their joint assets and their share in them. Within Islamic law however, the right of Kadd and Si'ayah addresses this injustice. The concept draws its foundations from the Qur'anic principles of justice, equity and fairness. The right of Kadd and Si'ayah34 - one's right to the fruit of their striving, hard work, and contribution to accumulating the family wealth has prominence and pre-eminence within Islamic jurisprudence and tradition. For example, Imam al - 'Abbassi, a southern scholar and mufti, issued a fatwa stating: "it is customary among the jurists of Masmouda and Jezoula tribes (two southern Moroccan tribes) that the wife is a partner to her husband in the wealth they accumulate through their work and efforts during the time they spend together and cooperate. The husband should not monopolize the wealth by registering it in his name. His wife is his partner through her efforts and partnership, and if he divorces her, she has an equal share in it.35 " Many legal rulings in the Moroccan family courts have enforced this principle. In various other Muslim countries as well, similar rights are awarded to divorced Muslim women. For instance, under the Tunisian36 and Malaysian37 family laws, the law provides for a woman's right to ownership of property acquired during their marriage38. Similarly, in Turkey the government has created detailed legislation for recording a woman's contribution to family business and property acquired during marriage. In case of divorce, this record helps assign the respective share to the man and woman equitably. In Egypt, a wife who after consummation of her valid marriage is divorced by the husband without her consent and without any fault on her part is entitled, in addition to maintenance of iddat, to Mut'ah equivalent to at least two years maintenance39. In Qatar, post-divorce maintenance can be awarded to women for 3 years40. In Iran, the husband is bound to pay to the wife, post-divorce maintenance (Mut'ah) for 3 years if she is not at fault and is not responsible for divorce41. It is therefore, argued that Pakistan can also make the provisions of post-divorce maintenance (Mut'ah) for the divorced Muslim woman. Pragmatic steps must be taken immediately to insert similar provisions to protect divorced women within Pakistan. The Muslim Family Laws Ordinance, 1961 should be amended or a separate comprehensive legislation should be enacted on this issue. The Parliament and Judiciary in Pakistan can contribute to upholding equality and justice within society; they can refuse to abrogate the Muslim personal laws and can play a proactive role to provide legal protection to divorced Muslim women and rejuvenate their socio-economic conditions in the future. To date, Pakistan has egregiously ignored this glaring issue and has refused to create a legal framework to provide women with protection; specifically, financial protection and support. Such protection is paramount and must be provided by the State, especially in a country like Pakistan where the female literacy rate is abysmal and prevailing traditions and customs make it exceptionally difficult for the average woman to earn a decent livelihood for herself. Although the Constitution of Pakistan, 1973, provides for equality of all citizens and numerous legislations has been enacted to protect women's rights in general, in practice this is not systematically enforced because of deep-rooted social, cultural and economic barriers and prejudices. The provision of maintenance of women, post-divorce, is not a novel matter. In 1959 the judiciary of Pakistan dealt with the issue of maintenance of ex-wives. In Sh. Azmatullah v. Mst. Imtiaz Begum42, the court held that the wife was only entitled to maintenance until her iddat period expired. Even then, the court fixed a meagre sum of Rs. 30 per month, as maintenance for the iddat period which was an insufficient amount to provide the woman with any real financial support post-divorce. Similarly, in the case of the State v. Muhammad Nabi Khan43, the wife was granted maintenance at the rate of Rs. 30 per month up to her iddat period. Thus, it is very clear that the judges deprived divorced Muslim women of their full entitlement to maintenance even during the iddat period. It is further highlighted that the judges, by ordering maintenance only for the limited period of the woman's iddat, also deprived divorced Muslim women of their Quranic right of post-divorce maintenance (Mut'ah). In light of the above, it is manifestly evident that the judiciary of Pakistan has restricted the provisions of maintenance up to iddat period based on a (mis)interpretation of Islamic law. The superior courts have, likewise, refrained from making any radical reforms to the existing provisions of post-divorce maintenance. In 1956, the Commission on Muslim Marriage and Family Laws in Pakistan44 took a very sympathetic view of Mut'ah, observing that "a large number of middle-aged women who are being divorced without rhyme or reason should not be thrown on the street without any means of sustaining themselves and their children"45. Unfortunately, powerful male members of the same commission opposed this burden on men, declaring that it would be against morality to provide for continued support of a now "na-mahram" woman from her ex-husband46. These members also termed it unfair to the new wife who would be denied her rightful share in the husband's earnings. The Law and Justice Commission of Pakistan has twice proposed a draft law for mandatory maintenance beyond the period of iddat and the Council of Islamic Ideology recommended enactment of a law on Mut'ah in 200847, but the Parliament has not taken up the matter till now. The Report of the Women Rights Committee 1976 and Pakistan Commission on the Status of Women 1983 recommended48 that changes should be made to the existing law on the issue of maintenance for divorced Muslim women. The recommendations were made based on the commandments provided within the Holy Quran. The Commission strongly advocates to provide divorced women with sufficient maintenance during their post-divorce period49. However, this command of Allah as provided within the Holy Qur'an has been absolutely disregarded throughout the country and the government has also made no serious efforts to draft legislation and enact provisions for such maintenance in this respect. The question that arises is that; if the Quran has made provisions for women and has extended an inalienable right pertaining to financial security post-divorce, and such rights were exercised during and after the death of the Prophet (P.B.U.H.), why are current traditions, customs and practices so different in nature and content? One possible reason for this divergence could be that Islamic law has developed in a piecemeal manner over the years. Since there were no hard and fast statutory rules an ad hoc inquiry was undertaken by the early jurists to resolve such disputes. The stance taken by the early scholars were to construct fair and just decisions. Some academics have gone as far as to suggest that the current interpretations in place have overlooked the general or necessary verses of the Holy Quran and accommodated patriarchal values to support male interests. These scholars in the second and third centuries of the Islamic calendar were heavily influenced by the socio-economic, political, and indigenous tribal values of the prevailing times, and therefore, frequently adopted a male-centric approach50. As a result, the original text which referred to providing reasonable maintenance was ignored and re-interpreted under the patriarchal influences within different cultural and historical contexts, particularly during the Umayyad and Abbasid Caliphates51. It has even been suggested that to please the ruling elite, male jurists misread the verse that extended this inalienable right to women. Scholars from the Middle East have challenged these narrow interpretations. Many learned scholars including Al Tahir al Hadadd, Shaikh Rashid Rida (1981), Fakhral-Razy (1927), Al Tabari (1987), Mahmud Shaltut, and Mohammad al-Ghazali amongst others have advocated for legal reform and stressed the importance of upholding the Quran in its true context and ensuring that justice is accrued to all parties involved52. The Qur'anic legislation lays down a minimum requirement, and nowhere in the Qur'an is there a prohibition on providing more than the minimum. Thus, it is argued that Mut'ah is to be given to the wife with kindness and humility. Muhammad Ali Jinnah, the founder of Pakistan, believed in gender equality and saw women as an integral part of society. He encouraged women to play an active role and to participate in the building of this nation53. However, unfortunately, once the new State of Pakistan came into existence, its resources came under the control of deeply orthodox, patriarchal forces. This has ultimately led to the marginalization of women. Their political rights and voices have been slowly eroded. A lack of education and an absence from the seats of power governing the administration of the country ensured that the new political structure would reinforce patriarchy, gender inequalities and deny the rights of women. Therefore, while Muslim jurists and judges in Pakistan stress the "right" of a man to wed up to four wives, they conveniently skip over the duties a husband owes to his wife. Similarly, these Muslim jurists have interpreted the divorced woman's right of maintenance by deviating from the express teachings of the Holy Quran. Such interpretations have created problems for Muslim women within Pakistan and handicapped them into a state of destitution54. The heightened violence and intolerance within Pakistan must be investigated and laws framed and implemented to curb the same. Pakistan is in dire need of immediate civil and human rights reform. The government must take immediate measures to ensure the safety of women in public and within their own homes. Overall, the aforementioned issues have hardened and become more complex in contemporary political and social contexts. The disruption and reinvention of the home and the identity of women; their sense of belonging pivots on internal conflicts, exacerbated by their weak financial standing in society. A multipronged approach that affects all the major institutions in Pakistan is required. Comprehensive reforms would ensure that women's rights will be implemented effectively and efficiently within the existing societal framework. Therefore, it is strongly recommended that the Muslim Family Laws Ordinance, 1961 be amended and women be granted an automatic right to maintenance post-divorce. The reason for such a provision to be automatic and not subject to the wife having to prove that the divorce was not caused due any fault on her part is because this would lead to unnecessary and long-drawn out litigation where the husband may fabricate accusations against his former wife in order to absolve himself from paying the required sum. A plethora of cases highlight how men have tried to circumvent the law and attempt to delay or deny paying child support by using the lacunas that exist within the enacted legislation. Furthermore, if the husband does move the court to contend that the divorce has occurred due to the fault of the woman, or the woman petitions the court to ask for enforcement of her post-divorce maintenance, the divorcees who are financially in need should be entitled to court-ordered temporary maintenance while their case is being reviewed. Such an order should be issued by the court within two weeks of the start of the litigation process, and the amount of temporary maintenance dispensed to the divorcee should be later deducted from the sum total of maintenance which is ordered by the court in its final judgment. Amending the current law to provide women with post-divorce maintenance is a part of social welfare legislation. It is incumbent on the State to ensure effective and timely implementation of the same. There must be expedient delivery of justice and strict timelines must be given to the court to decide such cases. Furthermore, the amount that is given must be enough to sustain the wife and not be merely symbolic. The sum should take into consideration the prosperity or poverty of the husband, the circumstances of the divorce, and the duration of the marriage. It may be paid in installments but with humility and kindness as required by the verses promulgated in the Holy Quran. Not only will such reform benefit and empower the woman, it may also discourage husbands from carrying out hasty divorce pronouncements. This will in turn provide for a more stable and nurturing environment for the children as well. Low levels of education translates' into majority of the citizens of Pakistan being unaware of their fundamental human rights. This is one of the primary reasons why majority of the abuse in the private sphere goes unreported and why the perpetrators of such abuse roam free. Institutional barriers such as non-co-operation from the police and adverse judgments from the judiciary coupled with societal restraints cumulates to create tremendous challenges in accessing justice for women in Pakistan. Therefore, speedy and clear reform is required in order to fully address and eliminate such discrimination against women. REFERENCES - Islam Ahsan, Faith and Practice (The Islamic Foundation, 1981) - Abu Ja'far Muhammad B. Jarir Al-Tabari, The Commentary on the Quran. (Oxford University Press (2012) - F. Rahman, "Status of Women in the Quran" in G.Nashat (ed.,) Women and Revolution in Iran (1983) (Westview Press, Colorado, 1983). J.L. Esposito, Women in Muslim Family Law (Syracuse University Press, 1982). - Critelli, Filomena M. "Between Law and Custom: Women, Family Law and Marriage in Pakistan." Journal of Comparative Family Studies, Vol. 43, No. 5, 2012, pp. 673.693. JSTOR, www.jstor.org/stable/23267840. - Yvonne Yazbeck Haddad and John L. Esposito, eds. Islam, Gender and Social Change, (Oxford University, New York, 1991.) - Raza Ahmad and Murad Hasan. (2010), Gender gap in Pakistan: A socio-demographic analysis. International Journal of Social Economics (37 (July) 541-557) - Rives, M.J. and Yousafi, M. (1997), Economic Dimensions of Gender Inequality: A Global Perspective, Greenwood, Westport, CT. - Dankelman, I. (2004), "Gender, environment and sustainable development: understanding the linkages", Natural Resources Management and Gender: A Global Resource Book, KIT (Royal Tropical Institute), Oxfam. - Ali, Parveen Azam, et al. "Intimate Partner Violence in Pakistan: A Systematic Review." Trauma, Violence and Abuse, Vol. 16, No. 3, 2015, pp. 299.315. JSTOR, www.jstor.org/stable/26638361. - Zahid Mahmood, Muhammad Shahzad Anwer, Anam Javaid, Shahbaz Nawaz, Social and Economic Determinants of Divorce in Pakistan: A Case Study of Multan District. (Journal of Culture, Society and Development, ISSN 2422-8400, Vol. 19, 2016) - The Muted Voices of Women Interpreters, in Faith and Freedom - Women's Human Rights in the Muslim World 61-77 (Mahnaz Afkhami, ed., 1995).