Pakistan and CEDAW: A Doctrinal Assessment of National, Muslim and Punjabi Muslim Family Law

How does a pluralistic legal system impact gender equality in marriage and divorce? 🤔

📜 HDRI is thrilled to share our latest research! Authored by Momna Ahmad and edited by Renata Freeman, this comprehensive paper examines the extent to which Pakistan complies with Article 16(1)(c) of CEDAW. This crucial international clause mandates that men and women must have equal rights and obligations during marriage and at its dissolution. While progressive steps exist such as Punjab's amendments requiring accurately filled marriage contracts to protect women's divorce rights significant substantive equality hurdles remain:

💔 Divorce Rights: The broader framework enables unilateral divorce for men while subjecting women to restrictive judicial pathways.

💍 Polygamy: Current laws permit men to enter polygamous marriages, creating inherent inequalities.

👧 Age Disparities: The legal minimum age for marriage differs by gender, allowing for the child marriage of girls.

⚖️ Procedural Imbalances: Discriminatory evidentiary rules dictate that a woman's testimony carries half the legal value of a man's in financial matters.

Our findings reveal that Pakistan's plural legal architecture shields religious family laws from constitutional equality promises, hindering true de jure and de facto equality. 🚧👩‍⚖️ Continuous, targeted legal reform is essential! 🌟

📖 Dive into the full research below👇💬