VFAST Transactions on Education and Social Sciences

http://www.vfast.org/index.php/VTESS @ 2013 ISSN: 2309-3951

Volume6, Number1, January-February, 2015

pp.17-20

DOMESTIC VIOLENCE LAWS AND PRACTICES

IN PAKISTAN
DR SHAHZADI PAKEEZA
Chairperson, Department of Islamic Studies, Fatima Jinnah Women University,
Rawalpindi
[email protected]
ABSTRACT: The fundamental values of a country are reflected in its legal system that is
encompassing the normative and social structure. The comprehensive legal structure in
Pakistan treats domestic violence by taking into consideration two most important
components, i.e. the constitutional law and the legal frame work designed in the light of
implementation of Shariah principles. In this Article, the legal treatment of domestic
violence in Pakistan is examined to conjecture about the attitudes of variant mind-set to
gender issues under the law in Muslim societies. The response to domestic violence is
articulated in the values infused in constitution or law making or while devising
fundamental values promulgated in the implementation of shariah. The legislation must be
based on the foundations of Shariahs philosophy in Pakistan to demonstrate that
implementing shariah Laws as per social change will promote awareness of women rights
in the country.
Key Words: Domestic violence, Pakistani Women, Legislation and Shariah Principles,
Gender based violence
1.
Introduction: Domestic violence against women is a complicated issue having different rationalizations to
comprehend it. Researches all over the globe have shown that violence against women is a major social problem that
demand special focus on account of severe physical, psychological, social and emotional consequences attached to
it. [1] Violence against women by intimate partners has serious implications for womens physical, mental and
social well-being [2] Domestic violence in Pakistani culture, recognized in the last two decades [3] is receiving the
attention primarily by the sustained efforts of women rights groups [4] The present research on domestic violence
examines the prevailing knowledge, attitudes and perceptions that influence this practice. Through descriptive
analytical investigation, specific societal behaviors are identified that reinforce violence. The aim of the study is to
address the deficiency of not receiving adequate profiling by the society and to define it in Pakistani context by
studying the prevalence, types, dimensions, factors and consequences of domestic violence and its impact on
women.
2.
Violence against Women in Historical Context: Women are considered the property of men since ancient
times she had no rights on her children, inheritance, wages or belongings at all. The authority of a man over her
allows him to use violence that was considered a legal right and social acceptance. In Indo-pak Subcontinent,
customs and traditions were given preference over religious laws that actually had a negative impact on Muslim
society. Hindu traditions had gradually been adopted as a necessary element and inseparable tradition. Thus basic
rights of women were twisted and the notion of women being sub-ordinate become so infused in societal norms that
protection of religion was dominated by customary traditions denying the same [5] The patriarchal gender system is
the root of inequalities and gender discrimination against women in Muslim societies. Different factors play their
part in variable status of women in different parts of the world; like, cultural value patterns in a specific community
or variance in economic patterns and strategies of nations. [6] When a culture legalizes the occurrence of violence in
its direct or structural form; such acts of direct violence become part of institutional structural frameworks. Thus
violence can be categorized as direct violence is an event, structural violence is a process and cultural violence is an
invariant permanence [7]

3.
Violence against Women in Pakistan: Being an ideological Muslim state, Pakistani laws are within the
Islamic principles of Quran and Sunnah. However, Pakistani culture is influenced by other religions and cultures
thus the culture of Pakistan is not pre-dominantly Islamic. On a broader scale the basic ideology stems from Islamic
thought. But this does not connote that issues faced in familial affairs are due to Islam. In actual social and legal
attitudes towards women manifest the pre-Islamic tribal cultural trends. For instance, honor killing is a pre-Islamic
tribal custom that is not sanctioned by Islam. [8] Pakistani culture and norms support male dominance in matters
relating to family, religion, law, politics and socio-cultural practices.[9] Domestic violence is usually taken as a
personal affair that does not need to be measured, intervened or properly documented for policy strategy. [10] Thus
such unfair treatment is being faced by women regularly due to deeply imbedded social and cultural norms in
Pakistani society. There had been an immense increase in the reporting the violence against women in Pakistan, a
major factor being the continued suppression of the rights of women that resulted in their degraded social status.
[11]
The high frequency of this habit of women abuse takes different forms and has drastic negative effect on the positive
development of communities, especially in rural parts of the country. The forms of violence against women range
from social, cultural to institutional level including various forms like physical abuse, honor killing, wani and wattasatta. [12] The influences from other religions has been so significant that the ideology of Islam that was supposed
to be the dominating factor in determining the relations and rights of women was overshadowed under the social and
legal attitude towards women due to pre-Islamic and tribal customs and cultural influence of other religions. The
function of existing law procedures, use of media, religious verses interpretations, and customary norms work
collectively to promote and penetrate the male dominance on institutional and cultural levels in Pakistan
.
4.
Distinguishing between Violence and Disciplinary Act: The violence against women is mostly
misquoted as a permission given in the Holy Quran in verse 34 of Surah Nisa. The verse must not be read out of
context and it has to be bear in mind that the fine-line between beating and admonishment for disciplining the
action of wife. The Quranic verse states certain steps to be followed if the wife is found disloyal and misconduct
shown on her part. The verse under discussion cannot be given as an example to support masculine domination or
authority it would be complete misinterpretation of the Holy Quran [13] The word specifically used for beating
daraba in Arabic is used in the meaning of departing and separating in 9 places out of 16 times as it comes in the
Holy Quran. [14] Apart from the words proposed meaning, several verses in the Holy Quran [15] oblige believers
to show love and respect to their spouses and treat them equally without showing violence. [16] Despite asserting
on treating nicely to women, the husband has to recognize his authority, it is recommended that the husband must
try to resolve the situation and in extreme cases, if any disciplinary action has to be taken, it is allowed, but only in
extreme cases, to correct the moral infractions. [17] The Holy Quran has given a very clear standing on this topic.
Men are given the charge to protect and provide maintenance to their wives. In lieu of that, a righteous wife is
under obligation to protect her chastity, and be obedient to her husband in his absence. In non-compliance of the
said duties, the husband may resort to beat them lightly as a last measure. The Holy Prophet (S.A.W) has expressed
his extreme repulsion to the exercise of the option of beating women and always discouraged such behavior. [18]
An important thing to note here is the steps mentioned in the verse are to be followed only in case of serious
misconduct or immoral behavior. If admonishment does the work, one must not resort to beating, as this permission
must not be taken out of given context. [19]
5.
The Shariahs Philosophy as the Basis for Future Legislation: Since shariah has limited the maximum
measure to be exercised against women and even extreme refraction of husbands requests are to be addressed firstly
by nushuz. This has been ratified by Hadith as well where husband is permitted to strike but with the conditions, not
to strike on face, or anything that may leave mark on her body. Thus such symbolic expression does not imply its
desirability. There are many traditions of the Holy Prophet (S.A.W) emphasizing and focusing the face that women
are not to be beaten, and how can anyone beat her and then sleep with her. Thus there is no example in Sunnah that
the Holy Prophet (S.A.W) opted for this measure regardless of circumstances. [20] Islamic teachings are never
limited as per geographical locations or people; they are universally applicable, pragmatic and flexible to be apt in
variant circumstances effectively. In case of an act being permissible, it is never implied that it is totally unqualified
without any restrictions; rather determining the extent of permissibility is to be spelled out, else it may lead to
excessive use or abuse. Any act of violence or abuse cannot be attributed as part of religion as they are based on
misinterpretation of Quranic words. Thus a person is himself responsible for his acts of abuse and violence ignoring
the real essence of the teachings of Islam.

6.
Legislation for Domestic Violence in Pakistan: Numerous proposals and theories are presented for
resolving the occurrence of domestic violence against women; though none have sufficed to put in plain words and
explicate the issue due to multifaceted factors involved in it. [21] There are clear provisions in the constitution of
Pakistan regarding provision of equal rights to all the citizens and providing them equal opportunities before the
law. But this ideal is yet to be achieved due to many hindering factors like to reach for justice or raising voice for
their rights including lack of awareness, costly law procedures and gender insensitive attitude towards women. [22]
A significant increase in the issue of domestic violence has been noted in the last few years. Majority of the states
have ratified Convention on Elimination of All forms of Discrimination against Women (CEDAW) that oblige them
to treat domestic violence against women as a violation of human rights and to incorporate international standards
into national legislation. Pakistan had ratified CEDAW in 1996 and trying to fulfill the international commitment by
in the area of domestic violence against women. [23] Domestic violence issues are not specifically covered in
Pakistan Penal Code, however there are several sections covering issues regarding miscarriage, abandonment of
under-12 child, causing hurt, wrongful confinement and restraint [24]. Laws on sexual violence come under the
umbrella of the Hudood Ordinances 1979. In spite of this, women are more victimized than been provided relief due
to these laws. In December 2006, the Protection of Women (Criminal Laws Amendment) Act was passed containing
several clauses in the Pakistan Penal Code (PPC) and Criminal Procedure Code (CrPC) in connection with sexual
assaults on women and some modifications were made to Zina Offense as well. Section 174-A was added to the
CrPC in 2001 in an attempt to curb dowry related violence. Nevertheless, even though many laws were formulated
to protect women and the amendments made to present laws, serious violations continue in Pakistan. Furthermore, a
lack of implementation of existing laws further exacerbates their plight. In August 2009, the National Assembly
passed the Domestic Violence Bill that lays down provisions for the protection of and monetary compensation for
victims, punishment in the form of fines or jail time for those who violate protection orders. Establishment of
National Commission on the Status of Women (NCSW) in 2000 was a chain to the policy of establishing framework
of women development and gender equality and reviews the proposed recommendations to be effectively put into
implementation. [25]
7.
Conclusion and Recommendations: Combating domestic violence demands systematic, coordinated and
sustained efforts. With the given law situation, there is a dire need to take steps that protect and promote human
rights and women in Pakistan. A strict implementation of International protocols and treaties; along with allocating a
substantive amount for helping out the victimized women is an urgent need. The constitution of Pakistan states that
each person has the right to liberty and safety in accordance to law; and taking legal aid is a fundamental right for
the protection of life. This clause must be properly implemented in the perspective of women victims of violence. A
free legal aid should also be provided at the district level. Women Protection centers should be established and
awareness campaigns for the rights of women much be launched. Since domestic violence against women has deep
cultural and historical roots, it is asserted that broad scale social overhauling is required and appropriate
interventions may be initiated.

[1]
[2]
[3]

[4]
[5]
[6]
[7]
[8]
[9]

REFERENCES
Ali, P., Gavino, M. (2008). Violence against Women in Pakistan: A Framework for Analysis, Journal of
Pakistan Medical Association, 58(4), 198-203.
Researching Aspects of Gender Based Violence in Pakistan, (2012). Aurat publication and Information
services foundation, Gender Equity Program. p.1
Khan, R. (2009). Situational Analysis and Mapping of Womens Human Rights in Pakistan. Report Gender
Equity Program (GEP) USAID/Aurat Foundation http://www.state.gov/g/drl/rls/hrrpt/2009/sca/136092/htm
Retrieved on 02/05/2014
U.S. Department of State, Human Rights Report: Pakistan, March 2010, available at
http://www.state.gov.g/drl/rls/hrrpt/2009/sca/136092/htm Retrieved on 02/05/2014
Awan, Z. A. Violence Against Women and Impediments in Access to Justice, Lawyers for Human Rights
and Legal Aid (LHRLA) Team. P.9
Report by the Federal Research Division, Library of Congress, 2005, Women In Islamic Societies: A
Selected Review Of Social Scientific Literature, p.1
Galtung, J. (1990). Cultural Violence, Journal of Peace research, 27(3).
Khan, A. N. Country Report Pakistan, Resource Material Series No.69, 130th International Training
Course Participants Papers, p. 131-143
Jasam, S. Cultural violence legal pluralism and Women rights (a case study of Pakistan), Heinrich-BllFoundation, Lahore. P.3

[10]
[11]
[12]
[13]
[14]

[15]
[16]
[17]
[18]
[19]
[20]
[21]
[22]

[23]

Fikree F., Bhatti L. I. (1999). Domestic violence and health of Pakistani women. International J Gynaecol
Obstet, 65:195-201
Bettencourt, A. (2000). Violence against women in Pakistan. Human Rights Advocacy Clinic; Litigation
Report Spring 2000. www.du.edu/intl/humanrights/violencepkstn.pdf
Jasam, S. Cultural violence legal pluralism and Women rights (a case study of Pakistan), Heinrich-BllFoundation, Lahore. P 7
Hendricks,
S.
Authority
and
the
Abuse
of
Power
in
Muslim
Marriages
http://www.crescentlife.com/articles/islamic
Hathout, S., Dont Hold All Muslims Responsible for Men Who Misuse Quran, Beat Women, Muslim
Womens League, http://www.mwlusa.org/topics/violence&harrassment/domesticviolence.htm Retrieved
on March 20, 2014.Al-Quran 30:21; 4:19
Mazhar, U. Srah al Nisa 4.34: The Most Misunderstood Ayah of the Quran Regarding Women, Crescent
Life, http://www.crescentlife.com/thisthat/feminist%20muslims/4_34.htm Retrieved Mar 20, 2014
Al-Habri, A. (2000). An Introduction to Muslim Women Rights, Gisela Web ed. Syracuse University Press.
P. 51-71
Al-Bukhari, English Translation, vol. 8, Hadith 68, pp. 42-43
Khan, A. N. Country Report Pakistan, Resource Material Series No.69, 130th International Training
Course Participants Papers, p. 131-143
MacFarquhar, N. (2007). New Translation Prompts Debate on Islamic Verse, The New York Times, March
25. <http://www.nytimes.com/2007/03/25/us/25koran.html> (Accessed February 24, 2014)
Ali, P., Gavino, M. (2008). Violence against Women in Pakistan: A Framework for Analysis, Journal of
Pakistan Medical Association, 58(4), 198-203.
Researching Aspects of Gender Based Violence in Pakistan, (2012). Aurat publication and Information
services foundation, Gender Equity Program. p. 1-4
Qureshi, S. (2009). Legislative Initiative in the Area of Domestic Violence in Pakistan: Gender Approach to
the core provisions of the Domestic Violence (Prevention and Protection) Act 2009, Pakistan Vision, 13(2),
200-223.
Sec 313 to 316, Sec 317, 319 to 338, 339-348 Researching Aspects of Gender Based Violence in Pakistan,
(2012). Aurat publication and Information services foundation, Gender Equity Program. p. 1-4