Protection of Legal Status of Women in Pakistan: An Analysis of the Role of Supreme Court
International Journal of Physical and Social Sciences, Vol. 4, Issue 4, 2014
13 Pages Posted: 9 Apr 2014 Last revised: 11 Feb 2017
Date Written: April 8, 2014
Protection of women's rights in Muslims societies is a subject of scholastic debate in the contemporary legal scholarship. The debate is even more hectic in Pakistan, notably, in the context of the Islamization process that has a constitutional mandate. This process was initiated after emergence of Pakistan on world's map and was accelerated by the military rule of Gen. Zia (1977 1988). One of the important implications of this process is considered to be deterioration in women's rights and status. The paper, by analyzing some judgments of the Supreme Court of Pakistan, posits that Pakistani judiciary has been a forerunner of women's rights though its domain has largely been confined to the constitutional framework. Moreover, the paper suggests that it would have been salutary to the Supreme Court's progressive role and posture had it been stepped into the neglected areas of women's legal status in Islamic Law, e. g. evidence, inheritance, and hudood laws, and assisted the contentious parties to settle them.
Keywords: Women's Rights; Women's Status; Gender Equality; Islamization of Laws; Supreme Court; Pakistan; Islamic Law; Constitution; Hudood Laws
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