PESHAWAR, Aug 8: The National Commission on the Status of Women (NCSW) is preparing a national report to assess the effects of the lacuna in the family laws on matters relating to divorced women and will soon present its recommendations in this regard.
Syeda Viquar-un-Nisa Hashmi, policy research officer of the NCSW, a recommendatory body set up in 2000 with the objective of examining laws about women, presented the status and scope of the rights of divorced women (Muslin and non-Muslims) under the prevailing family laws in Pakistan.
Ms Hashmi said the commission would also consult the Law and Justice Commission of Pakistan and the Council of Islamic Ideology to review the policy recommendations compiled in this report.
Ms Hashmi told the one-day NWFP consultative meeting here on Tuesday such discussions were held nationwide to get feedback from lawyers and civil society members, who could point out the flaws in the law and recommend how to improve it.
Ms Hashmi in her presentation pointed out that there were some defects in the law, such as there was no legal provision specifying rights of divorced women. The term dower was not defined under the Family Laws like West Pakistan Family Court Act, 1964.
The lack of distinction between Khula and dissolution of marriage on the grounds identified in Dissolution of Muslim Marriage Act, 1939, mandatory provision for the court to restore dower to husband in case of failure of reconciliation, lack of provision regarding divorced women’s right to dower, right to re- marriage were few gaps in the present Family Laws. “Khula is the right of the woman and she should be given this right without any hurdle,” said Prof Ahmed Ali Khan, a law professor of the University of Peshawar.
The rights of a divorced woman are not specified explicitly in the existing laws and an individual was free to interpret them as he wishes, therefore, there should be a clear law and no space for interpretations, said Rukhshanda Naz, another participant.
The NCSW members from NWFP including Dr Naheed Ali, Dr Begum Jan and Dr Mehr Taj Roghani who pointed out the lack of proper management and lack of provision of related material by the policy research officer during this consultation process.
The participants suggested that all laws should be formulated in accordance with the teachings of Quran and Sunnah.
Mehr Taj Roghani said it would have been better if the resources were utilised to bring the laws in accordance with tenets of Islam.