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Women’s Right To Divorce In Pakistan – Neglected Provision On NikahNama

Women’s Rights To Divorce In Pakistan - Provision On NikahNama

Pakistan is slowly moving to implement regulations that protect and promote women’s rights. However, the majority of the women in Pakistan are unaware of their legal rights. 

For example, according to the  Muslim Family Laws Ordinance 1961, Muslim women in Pakistan have the right to divorce their husbands through Column 18 on their Nikah Naama, but most women are unaware of this right. Although this is a right accorded through Islamic law, the patriarchal mindset prevalent in Pakistan presents the largest obstacle towards women learning of and exercising the right. 

Why It’s Now No Longer Applicable?

Families do not often ask the bride and groom in the event that they need to speak about this clause and need to prompt it. A study suggests that more than 99% of women in Pakistan have been now no longer requested approximately about this clause as a result now no longer applicable, as a consequence stripping women of a proper title is identified below the law. 

Even in courtroom marriages in Pakistan women says THEY DON’T NEED RIGHT TO DIVORCE in clause 18 of the nikahnama which refers to Section 8 of the Muslim Family Laws Ordinance 1961 which defines a specified technique for talaq (divorce) in Pakistan.

What Happens After In This Case?

A woman who does not have the right of divorce below Section 18 of the nikahnama ought to visit her own circle of relatives courtroom in their vicinity for the grant of khula (dissolution of marriage). A 3-5 months lengthy legal process throughout which she loses her claim over the dower and in a few instances on preservation too. And then visit the Union/Arbitration Council for issuance of the very last divorce certificates; which is a 90 days procedure in both cases.

Despite the benefits of this and a few different clauses withinside the nikahnama; in maximum cases, some of the sections of the nikahnama are strucking out at the time of marriage; and Section 8 is one of the maximum common casualties.

Proper Solution For Women’s Right

In Pakistan, Women’s Rights shall know as their women’s legal rights. Additionally, there are many women’s rights in Islam which we neglect or have forgotten for some reason. If you are at the edge of your marriage, and divorce is the last solution you have. Then ask a divorce lawyer in Karachi. Family Law in the section of Sardar & Co. can help you out in many ways. Contact us from anywhere in Pakistan.

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