Between Law and Custom: Women, Family Law and Marriage in Pakistan

Author(s): Filomena M. Critelli

Source: Journal of Comparative Family Studies, Vol. 43, No. 5 (SEPTEMBER-OCTOBER
2012), pp. 673-693
Published by: University of Toronto Press
Stable URL: https://www.jstor.org/stable/23267840
Accessed: 04-03-2020 10:32 UTC

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 Between Law and Custom:
Women, Family Law and Marriage in Pakistan*
TITLE: This Title is of 11 words where maximum limits for the title
words is 15, so this is a perfect title in the sense of wordings
Filomena M. Critelli"
TOPIC: when a researcher is searching the literature, from the
wordings of the title; the researcher can easily grasp the
knowledge about the research article i.e., what is the subject and
topic of the researcher in his/her research article.

INTRODUCTION

Marriage is an essential institution in Pakistan and is considered an impo

social obligation. The choice made in marriage is a critical determinant of
lives so that laws and customs governing marriage are of vital importance
well-being. Throughout the world economic changes and political proc
movements for gender equality have altered the marriage landscape and fa
patterns. Structural changes associated with globalization and modernizat
ideational torces that emphasize personal treedom, social equality and individual
prerogatives relative to family and the larger community are influencing family life and
behavior (Jayakody, Thornton and Axinn, 2008). Pakistan, often portrayed as a static and
tradition-bound society, has experienced these changes as well (Qadeer, 2006). However,
along with these economic and social changes are sharp regional disparities in development
and enduring cultural practices that are shaped by class, caste, religion and ethnicity
(Mansun, 2008). In rural and tribal settings patriarchal customs establish male authority and
power over women's lives to such an extreme that women may be sold and bought in
marriages, exchanged to settle disputes and become victims of crimes of honor (Mumtaz and
Shaheed, 1988; Amnesty International, 2002).

Although certain rights of women within marriage are established in Islamic law as well as
Pakistan's civil law, a number of forces work to subvert these rights (Amnesty International,
2002; Malik 1997; Ali, 2000). The 1973 Pakistani Constitution and international
conventions such as CEDAW (Convention for the Elimination of Discrimination against
Women) were undermined by an Islamization process that began in the 1980s under the
military regime of Zia al Huq. The Zia regime enacted a number of laws based on archaic
religious interpretations not seen in Pakistan for centuries and that were contrary to many of
the advances made by women (Women Living Under Muslim Laws, 2006; Goonsekere,
2004).

Weak governance and lack of rule of law renders much of population beyond the scope of the
formal legal system so that customary practices may carry greater significance than the
rights granted in the formal law (Women Living Under Muslim Laws, 2006; Shirkat Gah,
2007). Therefore, cultural norms and distorted interpretations of religion often override
statutory laws, interfering with women's nghts to protection in marriage and divorce (Jilani
and Ahmed, 2004; Ali, 2000 and Patel, 2003). Forced marriage and other practices that deny

' The author would like to thank Kelly L. Patterson, Ph.D. and Barbara J. Delgross, J.D. for their thoughtful
comments.

*' School of Social Work, University at Buffalo, 665 Baldy Hall, Buffalo, N.Y. 14221 U.S.A.

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674 Journal of Comparative Family Studies

women the right to decide the terms of their marriages persist. For a large proportion of the
female population independent decision-making regarding entering or exiting a marriage
continues to be met with enormous societal and ramily resistance. Women who pursue
choices that are formally granted to them under the law but are not in accordance with family
wishes, such as independently choosing a marriage partner or seeking a divorce, may find
themselves cut off from family and community support. Even worse, they may find
themselves in mortal danger. Those who take such actions are often compelled to seek refuge
for protection from their families.

In this study women's marriage expenences in Pakistan are examined, focusing on the
women's ability to enter and extricate themselves from marriage in accordance with the
rights and options accorded to them by law. These experiences are examined against the
backdrop of social and economic transformations taking place in Pakistan. Qualitative
interviews with 15 women whose choice to use such rights resulted in the need to seek the
protection of a women's shelter in a major city in Pakistan were used to examine the gap
between women's rights in marriage as articulated in the law and the manner in which these
are curtailed in practice. These narratives expose the many obstacles and repercussions
encountered by women who seek to exercise their legal rights. They illustrate the limited
access to legal remedies and the harmful impact of customs and discriminatory laws on the
well being of women and families in Pakistan. A dearth of scholarship exists regarding
women and marriage in Pakistan, especially studies that directly explore these issues from
their perspectives. This study advances knowledge concerning marriage and family
dynamics in a country that is prominent geopolitically and also an important source of
international migration.

Overview of Pakistanis Socio-Legal Framework

Family law in Pakistan is complex. Custom, religion and law operate in an intertwined
fashion and shape the rights available to women in the family and society (Shaheed, 1998;
Women Living Under Muslim Laws, 2006; Ali, 2000; Ahmad and Jilani, 2004). The civil
law, some of which is based on religious norms, is administered in a secular, procedural
framework in Pakistan (Ali, 2000). Hajjar (2005) emphasizes that although Sharia (Islamic
Law) is critically important for understanding family relations in Muslims societies, the
notion that Islam (or any religion) is explanatory of social relations has been strongly
critiqued. However, the line between 'secular laws' and 'religious laws' is not always clear
because some laws in Pakistan, although introduced by secular authorities, may still be
considered 'religious' because of their reliance on religious reasoning and beliefs for moral
authority. In fact, there are often multiple readings, claims, and counter-claims about what
Islam prescribes for women among religious leaders and scholars that can be confusing in a
society with such high rates of illiteracy (Women Living Under Muslim Law, 2006).

Local customs and traditional practices that are often incorrectly attributed to the tenets of
Islam, in fact have roots in tribal and clan-based practices (Mansuri, 2008: Mumtaz and
Shaheed, 1988). The Indian subcontinent (including what became Pakistan) was subject to
British colonial rule for about 200 years and during this period English Common Law was
imported into the region and codified. Comprehensive legal reform during this period
repeatedly and intentionally overlooked family law, allowing the entrenchment of region
specific tribal and caste/clan based practices, an approach designed to minimize the risk of
local rebellion against British rule. Traditional practices were allowed to prevail in each
region (Ali, 2000; Arif, 1998).

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 Between Law and Custom 675

Early laws enacted during the struggle for independence such as the Muslim Family Law of
1937 were acclaimed as victories in that they enabled Muslim women to reclaim rights under
Islamic Law. The Dissolution of Muslim Marriages Act of 1939 was adopted by Pakistan
upon its founding, and enables women to seek judicial divorce on a variety of grounds,
including cruelty. Khula, an important feature of divorce law in Pakistan, gives women the
right to initiate divorce regardless of grounds, although the benefits provided the women are
less than those available in male initiated divorce (Warraich and Balchin, 1998).

At independence, the contours of state were superimposed on distinct sub-state entities, each
with regional structures of authority, legal system and cultural framework that remained in
place. Parallel legal systems such as tribal courts continue and formal state law and its
machinery have not penetrated into all parts of society. The nation of Pakistan comprises a
federation of four provinces (Punjab, Sindh, North West Frontier Province and Balochistan)
conjoined with the federal capital area, the Federally Administered Tribal Areas (FATA), the
Federally Administered Northern Areas (FANA), and Azad Jammu and Kashmir, which are
ethnically, linguistically and culturally diverse regions (Mumtaz and Shaheed, 1988). The
interpretation and application of the law in Pakistan cannot be detached from its particular
cultural context. Written laws, particularly those protecting and guaranteeing women's
rights, are often unknown, ignored or broken rather than honored and enforced. Norms and
accepted social practices based on custom may be presented as "law" to women or believed
to have religious sanction. However, customary laws are not adjudicated in Pakistan's courts
and they routinely reject recourse to custom in family law in the formal legal system (Women
Living Under Muslim Law, 2006).

Shortly after independence, the Muslim Family Law Ordinance of 1961 (MFLO) was
enacted to make marital practices more transparent and accountable to the law. It instituted
specific protections for women entering into marriage by establishing a minimum marriage
age of 18 for males and 16 for females. Penal sanctions were established for contracting child
marriages, registration of marriage contracts was required and regulations were placed on
unilateral verbal divorce by repudiation (talag) (Mumtaz and Shaheed, 1987; Weiss, 2003).
The MFLO also requires the consent of both male and female parties before the marriage can
occur, to deter traditional practices that promote early marrying off of daughters by natal
families. Reformers sought a total ban on polygamy and were unsuccessful in this regard, but
did succeed in making it mandatory for a man seeking a second wife to get permission from
an Arbitration Council and the consent of the existing wife. Still, the protections for women
remain weak and failure to obtain consent of the current wife does not invalidate the
subsequent marriage (Zaman et al., 2006). Nevertheless, the MFLO has been under attack by
regressive politico-religious forces that question its conformity with Islamic Law and these
minimal protections are under threat (Women Living under Muslim Laws, 2006).

Women s legal rights m marriage and protection from harmful practices are established by
the guarantee of equality between women and men included in The Constitution of Pakistan
of 1973 (Malik, 1997; Mumtaz and Shaheed, 1987). Women's rights were dealt a devastating
setback in 1977 when General Zia-ul-Haeue took power and pursued an Islamization
process during his 12 year military regime. Federal Shariat Court was established in 1980
with the charge to examine any law that may be "repugnant to the injunctions of Islam". The
Hudood Ordinances were enacted which criminalize Zina (unlawful sexual intercourse)
including non-marital rape, adultery, and extramarital sex. As a result family members were
able to bring spurious adultery and fornication charges against women under these laws and
to punish women for refusing arranged marriage or seeking a divorce. Even when courts
ultimately dismissed charges, the accused were jailed for months and years had their

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676 Journal of Comparative Family Studies

reputations destroyed (Country of Origin Report, 2007). In 1986, the regime also instituted a
stringent anti-blasphemy law which may impose the death penalty for defaming the Prophet
Mohammad. Although Pakistan has yet to execute anyone tor blasphemy, the law has been
applied selectively and used for personal vendettas against vulnerable citizens (Dawn, 2009;
Women Living under Muslim Laws, 2006).

The implementation of the controversial law of Qisas (retribution) and Diyat (compensation
or "blood money") in 1990 represented further Islamization of the criminal justice system.
These laws replaced sections or the Pakistan Penal Code (PPC) that cover oiienses relating
to physical injury, manslaughter and murder, making these crimes against the person rather
than against the state. Rights activists continue to call tor repeal 01 these laws because they
create a legal loophole that may result in impunity for perpetrators of so-called crimes of
honor, where a woman is murdered by her father, brother and other family members who are
usually complicit in these crimes and may actually stand to profit if they do not seek formal
justice (Jilani &Ahmed, 2004; Human Rights Watch, 1999; Hussain 2006).

Pakistan adopted many of the international commitments to protect basic human rights and
gender equality which are effective in providing a platform and are useful in courts for
advocacy and setting a standard against which to measure national laws. These include: The
Universal Declaration of Human Rights (1948); Convention on the Rights of the Child,
(CRC) ratified by Pakistan in 1990; Beijing Platform for Action (BFA), Fourth World
Conference on Women, Beijing, 1995; and Convention on the Elimination of All Forms of
Discrimination Against Women (CED AW) in 1996. Article 16 of CED AW specifically
obliges the state to guarantee the right to freely choose a spouse and enter into marriage with
free and full consent and the same rights and responsibilities dunng marriage and at its
dissolution (Weiss, 2003).

In 2006 the Women's Protection Act amended the Hudood Ordinances, removing the most
harmful aspects such as the requirement for the testimony of four male witnesses to prove
rape charges. The government capitulated to conservative religious factions who succeeded
in inserting into the penal code laws against "fornication," including the "abductions for sex"
charge. Women's rights advocates continue to demand total repeal of this law and other
discriminatory legislation (Shirkat Gah, 2007; Jilani and Ahmed, 2004). Although less
frequently than in the past, women are still charged under the Hudood Ordinances with
adultery or other sexual misconduct arising from rape cases or alleged extramarital affairs,
and 20,000 women, mostly poor, are currently estimated to be in prison as a result of being
wrongfully charged (Country of Origin Report, 2007).

The original vision for Pakistan a secular democracy has not been realized. Religion has
been manipulated and used for political purposes and imposed in a selective and narrowly
defined manner, often serving to bolster insecure regimes (Jahangir, 2000; Malik, 1997;
Qadeer, 2006; Women Living Under Muslim Laws, 2000). Although the expansion of
women s rights has always been controversial among Islamic fundamentalists, the
opposition by these groups has become increasingly hostile and vocal. A rise in violence
against women and narrowing of women's options is attributed to the discriminatory laws of
the Zia regime that have yet to be completely reformed or repealed (Human Rights Watch,
1999; Weiss, 2003). Women and girls continue to confront profound disadvantages in
marriage and divorce due to region-based customs, idiosyncratic interpretations of Islamic
law and weak enforcement of existing laws to protect women's rights (Ali, 2000; Barí, 2000).

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 Between Law and Custom 677

Marriage and Family: Social and Cultural Norms

Selection of a marriage partner is very much a culturally defined process that varies among
societies. Marriage in Pakistan is an alliance between two families rather than two
individuals. It is generally considered the right and duty of parents to arrange a marriage for
their children (Zaman et al., 2006). Over 50% of marriages occur between first and second
cousins and this is even more common in villages and tribal territories than in urban areas
(Siddiqui et al., 2006). It is believed that such marriages assure a degree of clan solidarity,
marital stability and familiarity with prospective partners in a strictly sex-segregated society
(Qadeer, 2006). This system keeps property and wealth within family for upper and middle
classes, but also alleviates the burden of the poor, since relatives are likely to be restrained in
their demands for dowry.

In the patrilineal and patrilocal context of Pakistan, a woman's access to her home comes
through relationships with men and shifts over the course of the life cycle, from her father's
house then to her husband s (Ban, 1998 ; Ban, 2000; Mumtaz and Shaheed, 1987). As in other
collectivist cultures, greater value is placed on obedience and fulfillment of duties and
obligations than on the rights of individual family members (Stewart, Bond, Zaman, Dar and
Anwar, 2000). Arranged marriages are generally the norm. Patriarchal customs continue to
dictate obedience to parents so that the feelings and preferences of the couple concerned are
often not taken into consideration. In some instances the prospective marriage partners do
not meet prior to the ceremony (Jilani and Ahmed, 2004). Forced marriage differs from
arranged marriage in that either one of the parties or both do not consent to the candidates
suggested by their families, which is a right under the law (Jilani and Ahmed, 2004). Neither
the civil law nor the Koran sanctions the practice of forced marriage. Still, the norms of male
authority and female obedience undermine women's ability to assert their rights in the face of
familial opposition (Hajjar, 2004).

Within Pakistani culture honor (izzat) carries important social significance. The individual is
viewed as a representative of the family whereby failures of the individual result in loss of
face or loss oí honor for the entire family (Ban, 2000). There is considerable pressure on
women as the repository of family honor to maintain harmony (Bari, 2000). Actions that
counter norms and customs such as resisting parental choice of marriage partner and seeking
divorce are significant factors in crimes of honor and other acts of violence against women
(Amnesty International, 2002; Jilani and Ahmed, 2004).

Social and Cultural Changes: Impact on Family and Society

Structural changes associated with modernization and globalization as well as ideational

forces that emphasize personal freedom, social equality and individual prerogatives relative
to family and the larger community are influencing family life and behavior around the
world (Jayakody, Thornton and Axinn, 2008; Kahyap, 2004). Structural forces such as
globalization, economic development, increased education and literacy and advanced
communication and information systems impact cultural values and in turn family structures
and relationships. Contrary to the monolithic images projected in the media, Pakistan, a
country of contrasts and complexities, is also part of such change. It is undergoing
simultaneous processes in multiple directions that include both modernization and
Islamization, (Qadeer, 2006). Rapid urbanization and urban modes of living and
expectations are beginning to permeate even remote regions of the country. A widening gap
in income and opportunity in the country is accompanied by a simultaneous rise in influence
of mass culture and material modernization. TV stations with specialized news, fashion and

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678 Journal of Comparative Family Studies

music stations and rapid cable and satellite penetration are reaching beyond the urbanized
elite to rural areas. Pakistan currently ranks 9th in the world in the number of cell phones and
has more than 7.5 million internet users (CIA World Factbook, 2010). Immensely popular
Bollywood films present idealized visions of love and romance as a challenge to tradition
and these exert influence over how marriage and love are being denned, especially among
the young (Hamid, 2004). Social consensus regarding values and norms are in flux and have
given way to contradictory mores and institutional lags (Qadeer, 2006; Hamid, 2004; Weiss,
1998).

Movements for human rights and women s rights that emerged during the 1970s in Pakistan
also exert ideational influence in society, leading to greater consciousness of women's rights
discourse. Paradoxically, the Zia military regime responsible for rescinding women's rights
also provoked a strong surge in the women's movement in Pakistan. The growth of the
women s movement coincided with the women in development onentation 01 donor
institutions regarding their funded projects and the preference to allocate their funds to non
state actors. As a result, a proliferation of non-governmental organizations (NGOs)
invigorated civil society and directed attention to women's empowerment (Ban and Khattak,
2001).

Still many forces are generating resistance to women's rights. The growth of fundamentalism
is posing increasingly violent resistance to change that seeks to narrow the options for
women (Women Living Under Muslim Laws, 2006). The "Islamization" project in Pakistan
initiated by the military regime of Zial ul Huq and the subsequent growth of the Islamic
fundamentalist movements in the region has had a pervasive eitect on Pakistani society and
resulted in a far more vigorous infusion of religion into the body politic of the country, much
to the detriment of women. Religion as a social institution and traditional customs gained
strength (Qadeer, 2006). Islamic revivalism, which parallels the contemporary evangelical
movements in the west, promotes social conservatism, including women s segregation and
rigid dress codes, while modern material culture and economic advancement
embraced (Qadeer, 2006).

It is important to recognize that women's experiences vary greatly depending on social

location. There is considerable diversity in the status of women across classes, regions, and
the rural/urban divide exists due to uneven socioeconomic development and the impact of
tribal, feudal, and capitalist social formations on women's lives (Bari, 2000; Dawood, 2005;
Mumtaz and Shaheed, 1987). In the rural and tribal settings, the influence of traditional
customs persist (Mumtaz and Shaheed, 1987). Women are constrained from taking action
against oppressive practices and/or from accessing rights due to lack of knowledge of formal
(especially constitutional) rights. Feudal landlords and tribal elders throughout Pakistan
continue to adjudicate some disputes and impose punishment in unsanctioned parallel courts
called jirgas (tribal councils). Women belonging to the upper and middle classes have
increasingly greater access to education and employment opportunities which enables them
to assume greater control over their lives (Dawood, 2005; Mumtaz and Shaheed, 1987).

METHOD

The subject of this study is women who have sought refuge and protec
shelter in a major city in Pakistan (Editor's Note: some details have been
Editor to further protect the confidentiality of the respondents) as a result o
exercise their rights regarding marriage. A total of 19 women were int
them, 15 women were experiencing problems concerning self-determ

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 Between Law and Custom 679

marriages, so that the data reported is based upon this subset of respondents. The interviews
took place in December-January 2006-07 and December-January 2008-09 using qualitative
ethnographie research methods that included in-depth face to face interviews and participant
observation. This method was selected for its known effectiveness in research within non
western cultures (Padgett, 1998) and ability to capture the lived experiences and
perspectives of marginalized or silenced groups and enable them to speak in their own voices
(Davis and Srinivasan, 1994).

The site of the study is a private shelter for women established in 1990 by a secular non
governmental organization (NGO) that is affiliated with a prominent legal aid and human
rights law firm founded by four women. In addition to temporary residence and a safe haven
they also provide crisis intervention, legal aid, skills training, education programs,
counseling, and resettlement services and operate an informal school on the premises for the
children residing there. Issues of mate selection and choice regarding marriage are
prominent reasons that cause women to seek shelter. A 2003 study found that 82% of the
residents were experiencing such problems: 109 women were in forced marriages, 158 were
in exchange marriages and another 19 women were facing threats to their lives for marrying
someone of their choice (Gillani, 2003). The organization also plays a prominent advocacy
role for women's rights by publicly challenging unjust laws and the legitimacy of honor
crimes and through successful litigation to force the courts to apply existing laws that
guarantee women's rights in marriage and divorce. The program's goal of empowering
women to access their legal rights, to make decisions and to live independently if they so
desire often places them at odds with the expectations of families and the larger society,
especially the feudal class and religious conservatives, who view the shelter as having a
corrupting effect on their daughters and as promoting values counter to those of an Islamic
society.

Participants were recruited with assistance of the director of the shelter who was provided in
advance with a description of the study in Urdu and assurances of confidentiality. All
participants provided written consent to be interviewed. Interviews were conducted with the
assistance of a trilingual translator/research assistant fluent in Urdu and Punjabi, the regional
dialect.

A semi-structured interview protocol was used which contained open-ended questions about
the participants; personal histories, reasons for coming to the shelter and the issues they were
facing as a result of the decision to leave their homes and families. The interviews lasted
from as little as 20 minutes to 90 minutes with a majority upwards of one hour in length. To
allow for a conversational style of interviewing, permission was also obtained to audiotape
the interviews. The interviews took place at the shelter in a private setting. The data were also
transcribed and translated with the assistance of the research assistant fluent in Urdu and
Punjabi. The data from the in-depth interviews was reviewed extensively to develop an
appropriate coding scheme using the analytical method of constant comparison (Strauss and
Corbin, 1990). The trustworthiness of the qualitative data analysis was enhanced through
triangulation in the data collection and analysis. The investigator collected data using
multiple methods and sources such as interviews and participant observation.

RESULTS

Profiles of Respondents

The 15 women who participated in the study ranged in age from 18 years to

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680 Journal of Comparative Family Studies

of age." Six of the respondents were unsure of their exact ages and had to provide estimates.
Most women (10) were from small towns and rural villages in the Punjab province about 3-6
hours from a major city in Pakistan which has been a trend among those seeking services of
this shelter. Only 4 were from urban areas including Faisalabad and Sialkot. The shelter also
finds itself in the position to serve foreign nationals who encounter problems while in
Pakistan. One such case was that of a young Canadian woman of Pakistani origin who was
residing at the shelter at the time of the study. All of the women were Muslim, although the
organization identifies itself as secular and Muslims and Christians are represented among
the staff.

There was a wide variation in the time the respondents spent in the shelter. The general policy
is that women stay three months or until their legal case such as a divorce is resolved, but the
shelter has adopted flexible policies based upon the extensive individual case needs
presented by many women. Several women have required protection for extended periods oi
time, the longest being four years.

The marital status and circumstances surrounding the marriages of the women were
complicated. Seven marriages were described by the respondents as forced by their families.
Three of these marriages were in retaliation for having eloped with the man of their choice.
The difficulties experienced by all the women stemmed from the issue of choice in marriage
or their decision to extricate themselves trom their marriages, actions opposed by their
families. Two unmarried women fled before an arranged marriage could be formalized, one
of whom had been pleading with her parents to allow her to marry the man 01 her choice.
Three women were in need of protection because they entered into unions of their choice
without parental involvement ("love marriage"). The remaining women were seeking
protection and divorce from husbands they felt forced or obliged to marry and were being
subjected to physical and emotional abuse by their husbands and extended family. Thirteen
of the women were in various stages of a divorce process. Two thirds of the women were
childless and the remaining third were residing at the shelter accompanied by a total of 13
children (from 1 to 4 children each).

Low levels of literacy, common among the women, undoubtedly contributed to the social
vulnerability and limited access to their legal rights. Notably, 4 of the women were illiterate
and unable to sign their names. There was a range of educational attainment. Most of the
women had no formal schooling school with only Quranic study at home or attended some
primary school. Four of the women completed Matric (the equivalent of 10' grade). With the
shelter's assistance, one long term resident was completing an FA (equivalent 12th grade).
The Pakistani-Canadian withdrew from college due to her family issues.

Consent or Coercion: A Blurry Line

Women encounter great difficulty invoking their right to consent to choice of a marriage
partner and to end and abusive marriage because of the interaction of patriarchal norms and
customs and the remoteness of formal law from their daily lives. Several women initially
hesitated and seemed confused as they attempted to answer questions about whether they
had consented to their marriages. After several probes Nargis clarified:

The thing is that they (our elders) do not ask us for our permission or consent. They force
their wishes upon us. My marriage was decided by my oldest brother. He was the one
who set the whole thing up.

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 Between Law and Custom 681

It became evident that the notion of choice was outside these women s realm of experience.
Essentially, choice was not an option within their social framework. Nargis had not objected
to her marriage and even though no overt pressure or threats were used, she nonetheless felt
forcea into it because of powerful and generally unquestioned social and familial
expectations.

Farah's statements are also representative of those respondents who fully embraced
community norms and had no expectation of choice in the selection of a husband. The notion
of refusal was unthinkable to her, even though she was aware that the groom was an unhappy
participant. It is important to note that he was also forced into the marriage, which also
happens to men, although there tends to be more latitude for them to assert their wishes. The
harmful the consequences of these circumstances were experienced more acutely by Farah
who was expected to accommodate her husband and to keep the marriage intact at all costs.
Even though she complied with the family demands and did her best to live up to the
expectations of a good wife and daughter, she like many other respondents, faced verbal and
physical abuse and rejection from families for ending unhappy marriages:

It was an arranged marriage. I had never thought that I'd have a love marriage. I lived in a
village so the family environment was according to that. There were rules and
regulations to follow and if someone didn't they can be put to death. My parents wanted
me to get married so I got married The person I got married to is my uncle's son. My
husband wanted to get married to some other girl but his parents forced him. After
marriage, he abused me verbally and physically a lot on little issues and progressively it
kept on getting worse.

Nearly three years of extreme physical and emotional abuse and the final humiliation of her
husband's repudiation of her through a unilateral verbal divorce (talag) prompted her to seek
a formal divorce after seriously considering suicide. Still, her parents opposed the divorce
and joined in the abuse to prevent her from the divorce. She was locked in a room and her
arms were broken from severe beatings. Farah finally managed to devise an escape plan and
now is estranged from her entire family.

In several cases there was no overt expression of resistance by the women but this did not
signify agreement or consent. Yasmin complied with parent's wishes and felt that speaking
out would be disrespectful:

I wanted to get married eventually but not at that time.... When I saw the guy for the
first time, I didn't like him at all. But I kept my mouth shut out of respect for my family,
especially my mother.

Farhana, now 35 years of age, was married at the age of 17 to a man 15 years her senior m the
highly traditional pattern of blind marriage that was fully controlled by parents.

I wanted to marry someone else but my family turned down his family s proposal. I was
not happy about it. My mother was a widow and we had to struggle. She got me engaged
to an older man who had a good job. I was engaged to him tor two years, however,
nobody told me where he lived or his age. I never got the chance to see him before
marriage. I did not consent but married anyway...

Several factors contributed to the difficulty of objecting. Younger women have less
confidence to express their views and have little standing to do so within the family.

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682 Journal of Comparative Family Studies

Economic considerations appear to have played a role. Poverty is often a factor in marriages
oí young women to older men. The groom oiiered iinancial security and may not have
required a dowry, which would relieve her struggling mother's burden.

Rights granted in formal and religious laws remain elusive for many women and are difficult
to monitor and enforce. A complex mix of social, emotional, economic and legal dynamics
play a strong role in determining women's opportunities for choice and consent regarding
their marriages.

Questioning Patriarchy: Values in Flux

Under Pakistani law adult women (over 16) are entitled to marry without parental consent.
Still, several women were coerced by their parents to marry against their will by means of
force. The father in the following case example reflects a strong patriarchal ideology. His
ability to maintain complete control of his wife and children was a source of pride. His
actions left his wife and daughter homeless and with little recourse other than to seek the
daughter's marriage without his input. Noor, a 19 year old describes his outrage over their
emerging independence:

One day my father came home in a rage and threw my mom and me out of the house
without any valid reason. We had nowhere to go, so one of my sisters was married and
living in Saudi Arabia and my maternal uncle took us there. I met my husband there. He
sent the marriage proposal to my home and I got married to him. Later when my father
found out that we were living in Saudi Arabia, he contacted us to come back to Pakistan.
He apologized for his behavior and said he wanted me to have a proper wedding
ceremony. He swore on the Quran that he is a changed man now and insisted my mom
and I should come back For the first 15 days he behaved very nice, but after that he
became his old self. He didn't accept my marriage and he said he will get me married to
someone else. I told my father that I am happy, I am pregnant, I don't want a divorce and I
don't want to get married to anyone else. But my father thought that my mother and I
were getting out of his control and we had started to do things on our own terms. He
locked us in a room. He was mainly trying to take revenge on my mom for speaking out
against his second marriage. My father then forced me to get married to his brother's son.
He beat me up and got my thumb print on the marriage certificate. My dad wanted to
prove to his family in Pakistan that he's getting me married here in Pakistan with proper
customs and rituals My father had a lot of pride when it came to my marriage.

Several of the younger respondents were less accepting of traditional values that stress
obedience, duty and sacrifice for the sake of family and community harmony. They eloped
but were subsequently caught or tricked by their families and forced into second marriages
with cousins in retaliation.

I told them that I wanted to marry him. I kept telling them over and over. They told me
that "We don't want this guy for you. You will not get married to him". That actually
compelled me to run away and get married. My parents came after me and told my first
husband to send me home; they will do a proper formal marriage. When my husband and
his family sent me home, they said that they will not let me go back to him. They kept
pressing him to divorce me. When he didn't give me the divorce, they forcefully used my
thumb print on divorce documents and another marriage contract with my cousin. So
that's when I filed the case against them. My parents filed a counter-case against us
(most likely for kidnapping or adultery) because they oppose the divorce.

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 Between Law and Custom 683

Respondents were matter of fact about their parent's use of the law to harass them by filing
legal complaints. The above respondent was unable to identify the exact charges made
against her and her husband. Most women did not appear to have a grasp of these legal details
and left them to their attorneys.

Asma also asserted her right to marry out of choice, although the marriage was clandestine.
Her story illustrates other factors that influence parents' preferences in mate selection for
their daughters:

I was secretly married to him for 2 years. When my father got sick, my mother forcefully
got me married to her nephew even when I revealed to her that I have already eloped
I am an only child and my father owns a lot of land m our village.... My mom didn t
want all the inheritance to leave the family so she forced me into marrying my cousin so
that she can keep my inheritance within my family.

Romantic relationships prior to marriage are viewed as immoral and a threat to family honor.
Afshaan was employed in a local factory which enabled her to meet a man in her
neighborhood. Her plight was compounded because he was a Christian and such unions are
not permitted under Islamic law. A Muslim man can marry women who are Ehle Kitab (of the
Book, such as Jews or Christians, but not Hindu) but Muslim women may only marry
Muslim men. Still, she was assertive and clearly expressed her opposition to an arranged
marriage because she wanted to marry him. Her family convinced her that they would allow
the marriage if he converted to Islam, which is in conformity with the law, but preempted it
with a hasty forced marriage to a cousin. After a suicide attempt, she concluded that the only
solution was to run away. She found out about the shelter and managed to get to it safely:

When I was with them, I told them so many times that I want to marry this boy, don't get
me married to somebody that I don't want to get married to. They gave me false hope that
they would let me marry him. They had made a false promise with me . . . they didn't
value or understand what I wanted, then how could I do what they wished? That boy
agreed to all the conditions they had set. ... So when they didn't do what they had
promised to do, then why should I do what they had wanted me to do for them?.
a life of my own too.

Afshan sought the shelter's assistance to extricate herself from the marriage her family
forced on her and was shot at by her brothers outside the courthouse. She was not injured, but
a shelter employee was hurt in the incident. She defends her right to marry the man of her
choosing. Still she is torn between her guilt and feelings of obligation to them and anger over
their treatment of her. The family has manipulated her to turn over her earnings from her job
at the shelter and to drop all the charges against her brother. Tearfully, she explains her
continued loyalty: "What can I say? He is still my brother."

Rights: At What Cost?

Women's transgression of social conventions gave rise to serious reprisals from their
families and resulted in their estrangement from them. Anger and violence was a common
familial response. Two single women succeeded in running away to escape imminent
unwanted marriages and continue to confront the consequences. Safia ran away to the shelter
at age 19 with a tragic outcome that continues to traumatize her. She lives with guilt and
regret after the man she loved was killed in an honor crime:
I wanted to marry a man of my choice and my family didn t agree to that. His family, he

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684 Journal of Comparative Family Studies

and I tried to convince my family to let us marry, but they said that ' whoever agrees to
this marriage is our enemy forever." I even told my family that it's okay if you don't want
me to get married to him, just don't get me married to anyone else. But my family
wouldn't agree to that either. I knew that my family was looking for other marriage
potentials. Hence, one day I gathered enough courage to leave home for good When
my family found out that I had run away from home and came here, they were so hurt
and blamed everything on the guy tor causing such a dishonor to our tamily. My ramily
shot and killed him.

The negative long-term consequences of this couple's decision to pursue their rights are
clear. Safia has been residing at the shelter for four years and is still unable to safely transition
out of the shelter because she is also subject to continued threats on her life. No one has been
prosecuted to date for the boy's murder.

Some women find themselves in conflicts between traditional culture and new cultural
values in diasporic conditions. Raheela, a Pakistani-Canadian, fled to the shelter while in
Pakistan on vacation with family when it became apparent that her family was planning a
marriage without her knowledge or consent. The shelter was providing protection, legal
assistance and arranging for her repatriation:

I am 18 years old today. I have two sisters and the older one got married 2 months ago.
After her marriage, my elders decided to get me married. They got me engaged to him
last December and 1 willingly did it. He is our extended relative. Well, 1 was open to the
idea of getting engaged at 17 and then at 24 or 25 years of age, I'll get married, but I didn't
want to get married at the age oi 17. In the beginning 1 thought that maybe I will be able
to get along with him. But once I met him, I realized for sure that he is not my type and
our thinking weren t matching. I tned talking to my mother that 1 don t like this guy so
she said "Don't tell anyone and shut up and just get engaged. They are all nice people and
you don't know what you are saying. I didn t know how to stay quiet about this so I got
in touch with the social worker in Canada. I told her everything that was going on.

Most women took the step to leave home after concluding that they had no other alternative.
Raheela describes her considerations in the decision to defy her family:

I really hated it but I had to do it. I knew I wasn't going to get along with this guy and I
was going to get divorced sooner or later. I might have a kid by then but if I am not
graduated by then, what am I going to do with myself. How can I support my kid?... So
it's better to just run away when you are not married and you have no kids. I mean it's up
tome that if I want to get married or not right?

The actions of one family member carry significance for extended family and are part of a
complex system of exchange. Family members may provoke the breakup of a marriage in the
family of an offending party in order to cause equal shame and dishonor to them. Asma
explains: "My mother also engineered the divorcé of my first husband's sister who was
married to one of my cousins." Behavior viewed as dishonorable also negatively affects the
marriage prospects of siblings and serves as another control mechanism:

One sister is married, mashallah (praise be to Allah) and the younger one, I don't know
what's going to happen to her. She's engaged right now to my cousin and since I ran away
like this, and when her fíancé's family finds out, they'll be like "oh, their older daughter
ran away like this so we are not so sure about this" I mean, I don't really expect them to

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 Between Law and Custom 685

behave like that, but I don't know... I just hope nothing happens to them because I will
never forgive myself.

Women are penalized in many other ways for making independent decisions such as refusing
or terminating their marriages. Loss of valuable assets was a frequent consequence for the
women, leaving them more vulnerable and with few resources to support themselves.
Limited human capital and employment opportunities for women, combined with the stigma
of divorce present formidable challenges for women to succeed independently in Pakistan.
Several respondents lost inheritances of land and other property from their marriages. Others
were embroiled in protracted legal challenges because of their husband s efforts to deny them
child support and maintenance. Women are often pressured to leave their children with their
fathers or extended family as a condition for divorce. Four of the respondents were pained by
having to leave some or all of their children in order to escape from their marital homes. The
shelter does not house male children over the age of 10.

One of the most devastating consequences for women is the terror brought about by threats
from family. It was necessary for the shelter to extend the stay for about half of the
respondents m this sample because of security issues. Honor killings still occur regularly in
Pakistan with impunity, so that such threats cannot be dismissed. These threats result in
increased constraints for women in their freedom of movement and future options. Asma, a
victim of a forced marriage who plans to reunite with the man she originally married
elaborates:

My parents know that I am here. They tell me to come home. They said if you don't, then
wherever we will spot you, we will kill you, we will kill you both. When I think of my
parents threats, like how they said that they are going to kill me and my husband, then I
get scared. I wonder what the future is going to hold, that worries me I don't think I
will be able to work outside because I would have that threat by my parents, so I would
be confined to my house Actually, we can t live in here anymore because my parents
live close so it's very easy for them to find out through other people.

Safia, whose fiancé was murdered, continues to receive threats from family. Four years after
the murder, she remains traumatized and struggles with conflicting emotions of guilt and
self-blame. Family estrangement is especially distressing to women in a conservative
society where it is socially unacceptable for women to live on their own.

Still to this day when I have memories of my childhood I start crying because everyone
was so nice and lovely to each other. It just makes me think that maybe I did something
wrong by leaving home and coming over here. My father wasn't a typical father; he
really behaved like a friend with us. I keep repeating those thoughts that I did wrong and
so forth.... But then I also think that if my family had just agreed to it then I wouldn t be
in this condition today and I would be living well.

Raheela, at the young age of 18, confronts disconnection from family and community
support when she returns to Canada and worries about her future security:

I do feel paranoid, scared and lonely here still. My social worker said "wow, you have so
much courage" because she knows the problems some of the desi girls (from South
Asia) face when they get caught You have to give up so much when you give up your
parents. You give up your area... you give up yourfriends and otherfamily— I want to
wear the abaya (covering) though, because I want to cover my face for protection.

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686 Journal of Comparative Family Studies

Emerging Awareness

Some respondents developed critical consciousness of the unequal status of women and girls
in society as a result of these experiences and their interactions at the shelter. Confronting
their devalued position in their families and the threats from those within its "protective"
space, they began to challenge the idealized constructions of home, family and gender roles
that are pervasive in Pakistan. This shift in perspective is revealed in the comments of Nana,
who survived years of physical, financial and emotional abuse that culminated with her
husband's running off with a younger cousin. In spite of his behavior, the entire family united
against her to prevent her from utilizing the legal remedies available in order to protect the
family honor. Police and judicial corruption is rampant, so that the family obtained false
statements that claimed she was already divorced when her husband left in order to absolve
him of responsibility. Naila, who has four children to care for and scant education and
resources, summarizes her view of the disadvantaged position of women in marriage and the
repercussions for asserting her rights:

The rules seem stacked against women. It was my family's wish for me to marry him not
mine. I did not consent to this marriage yet I received no support and was actually
blamed when it did not work out. From the day I married, I never saw a day of peace in
my life.... My in-laws got upset at me for filing for a divorce and child maintenance. I
told them that in order for me to get a divorce, it was necessary. They kicked me and my
children out of the house in retaliation. The only way they would let me stay is if I will
stop the case and not ask for child support. I refused to do that, so they kicked me out.

Afshaan is resolute in her right to marry the man of her choosing. She perceives injustice and
inequality in her circumstances since Muslim men can marry out of their faith, a viewpoint
that could be dangerous considering the blasphemy laws in Pakistan:

Love is something that you can t control or pick and choose. I am not the only one who
fell in love, everyone does it. Christian girls fall in love with Muslim boys; they marry
without any hesitation, why can t I do the same thing? If I fell in love with a Christian
boy, I didn't commit a sin.

One respondent s recommendations reflect changing social attitudes, growing generational

tensions and desire for greater decision-making power of women in their marriages. This is
encapsulated in the Asma's appeal:

When a daughter wants to marry a person of her own choice, then the parents should
allow her to do that. They should respect her decision because if they don't then the girl
would take the step against the parents' wishes, which will hurt their reputation. So don't
blame the girl, if she wants to make the step, listen to her. If they don't then they are
going to face the consequences and they should understand this.

DISCUSSION AND CONCLUSIONS

The experiences revealed in these narratives underscore women's precar

status in Pakistan and the obstacles they encounter in determining th
marriages. The chasm between many of women's rights in marriage articu
what actually happens to women in practice is evident. Patriarchal famil
circumscribe women's decision-making power so that women who pus
defined limits of accepted behaviours regarding their marriages

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 Between Law and Custom 687

consequences including violence. Male authority, lack of women's family decision-making,

and restrictions on leaving a marriage are identified as significant contributors to violence
against women in many societies around the world (Levinson 1989). In effect, women are
denied influence over one of the most basic aspects of their family lives, the sphere that is so
often represented as a safe and protected haven for them. Imposed gender definitions most
immediately confront women at the level of family and can be the most oppressive (Shaheed
et al., 1998). The circumstances reported here, although based on a small sample, are far
from isolated incidents. They occur with great regularity in Pakistan, although a sharp
variety of practices may be found even within a limited geographical area, due in part to
variations of class, ethnicity, sect, rural or urban location and even individual family
differences (Women Living under Muslim Law, 2006).

Complex, multi-directional forces are generating conflicts and social confusion over family
and gender relations in Pakistan. On the one hand, socio-economic and ideational changes
are promoting new expectations of expanded freedom and egalitarianism for women that
will most likely spread (Qadir, 2005; Weiss, 1998). Rising age of marriage and increased
education and employment opportunities for women contribute to a narrowing of age and
power differentials in the family (Sathar and Kiani, 1998). The women in this study were
beginning to question traditional values and to voice greater expectations of choice about the
terms of their marriages. It is noted that increased number of women are demanding their
rights to choice regarding their marriage and access to divorce in Pakistan, although they
also continue to encounter harassment and violence from families for doing so (Critelli and
Willett, 2010; Jordan, 2008; Women Living Under Muslim Law, 2006).

Even though most of the shelter women are not beneficiaries of expanded education and
employment opportunities in Pakistan, they are not immune to other modernizing forces
especially technology and mass culture. TV, films, cell phones and internet have reduced
family control over social contacts and access to information. A number of women reported
learning about the work of women's rights activists from television. Nearly all of shelter
residents were in possession of cell phones that enabled them to circumvent norms on
contacts with men. As avid consumers of popular music and film, they were well- acquainted
with the latest songs, dances and Bollywood stars. Several of the younger respondents in this
study were actively engaged on Facebook. Although many of the women had limited
knowledge of their specific legal rights prior to reaching the shelter, they were mobilized to
leave home by a growing sense of individual entitlement to rights and an awareness that
perhaps they did not have to tolerate the violent and oppressive conditions in their families.
New expectations about gender and family relations, including notions of personal choice
and individual fulfilment as desirable aspects of modern marriage are beginning to emerge.

The increased legitimacy of women's claims to their rights must also be credited to the
persistence and commitment of activists such as the women who founded the shelter and are
instrumental in awareness-raising throughout the country. The organization's media savvy
leaders are strategic in their use of the TV and the press to promote public dialogue and also
engage in outreach and education. They, along with at least five additional organizations,
operate legal literacy courses throughout the Pakistan that educate women about their rights
within marriage and family law (All, 2000). They also advocate for legal reform, litigate to
establish legal precedents, and provide critically needed services.

Nevertheless, a variety of forces undermines women's empowerment in family and society

and seeks to maintain patriarchal family relations. There has always been resistance to
women who defy the wishes of their families but their opposition is greatly facilitated by a

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688 Journal of Comparative Family Studies

combination of discriminatory laws, lack of enforcement of existing laws that enhance the
options for women and weak governance (Jordan, 2010; Women Living Under Muslim Law,
2006) Women's organizations decry the growth of fundamentalism and the government's
lack of countervailing actions against it (Shirkat Gah, 2007).

Dramatic improvement is required not only in the legal framework in Pakistan but also in the
efficacy of applications of the law. Ensuring women's rights in the family and eradicating
violence from their family lives requires changes in laws and social attitudes that sustain or
contribute to the problem of impunity. The role of the state is particularly critical because
states are vested with the responsibility to prohibit and punish rights violations (Goonsekere,
2004; Hajjar, 2004). The Government of Pakistan provides no public information programs
or mechanisms to disseminate information about laws and regulations that would help
ordinary citizens understand their rights and obligations (Asian Development Bank, 2009).
Pakistan fails to uphold its obligations under CED AW which binds State Parties to actively
challenge and change harmful cultural practices. Of utmost urgency is the repeal of
discriminatory laws that contradict the intent of CED AW and the Pakistani Constitution and
implementation of stronger measures to enforce penalties for such harmful practices against
women (Shirkat Gah, 2007).

NGOs cannot accomplish needed changes alone. In spite of the outreach efforts of such
organizations most women across the country remain ignorant of even their most basic
rights. A survey reported that over 80 percent of young women between 18 and 24 in this city
had no idea of the clauses contained in the nikahnama (marriage contract). Almost 90
percent, including those educated to graduate level and beyond, did not realize that they had
any rights at all, such as those of divorce (Amnesty International, 2002). One consequence is
that most women are still not consulted regarding their marriages. Siddiqui et al., (2006) with
data from three major cities found that the majority of married female respondents were not
consulted (66.2%) while only 29% of men were not consulted. It was noted that reflecting
change in attitude over time, possibly due to increased education and labor force
participation, a majority (72%) of currently unmarried women did anticipate that their
consent will be taken when it is time to marry.

Ongoing confusion in the legal and political culture of Pakistan has been evident especially
since Zia's regime (Hasan, 2010; Jamal, 2006). Judicial gender bias also profoundly affects
the interpretation and application of the law (Ali, 2000; Jilani and Ahmed, 2004). Numerous
court decisions regarding honor killings, women choosing husbands, or marrying without a
guardian reflect paternalistic views of women and their fragile legal personhood (Ali, 2000;
Jamal, 2006; Jilani and Ahmed, 2004; Shaheed; 1998). It was not until 2003 that a landmark
Supreme Court judgment upheld a woman's right to marry on her own. This case
dramatically illustrated the conflicting attitudes within the courts and society as to whether a
woman is considered to be a person in her own right or legally bound to obey her father or
husband (Jamal, 2006). As was seen in the narratives, laws are also applied in ways that are
disadvantageous to women. Most often judges grant khula, a divorce in which the wife
foregoes her dowry, even in cases where women are clearly entitled to a judicial divorce
under the terms of the law. Women who initiate a divorce can be essentially penalized and
forced to buy their freedom (Ali, 2000). Families can flout the law because enforcement is
absent, hence prosecution of honor crimes and severe acts of violence against women are
rare. Women's overall lack of access to justice, whether due to their lack of knowledge
regarding their rights, their lack of decision-making power in the family other factors that
constrain them trom approaching the courts to seek and render them more vulnerable to
control mechanisms and retribution for lack of conformity. Mass public education programs

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 Between Law and Custom 689

regarding legal and human rights for women in Pakistan are required.

Still there are signs that family shifts are occurring in Pakistan, similar to the changing
marriage patterns that are observed throughout much of the developing world. In general
couples are waiting until they are older to marry, they are marrying someone closer to their
own age, and they have more say about whom they marry (Jayakody, Thornton, and Axinn,
2008; Lloyd, 2005). Although changing family patterns are an inevitable product of social
economic and ideational processes occurring worldwide, not all shifts are destined to follow
a Western trajectory (Abbasi-Shavazi and McDonald, (2008; Jayakody, Thornton, and
Axinn, 2008.). In Pakistan, it is observed that the institutions such as family are "loosening
up, being realigned and reinterpreted, within grooves ot re-invented traditions (Qadeer,
2006, p. 189), but not necessarily mirroring western practices. Norms are being stretched so
that arrangement of marriages may incorporate traditional practices with modern means ot
matchmaking, forming a "hybrid" approach to mate selection. Preference for "semi
arrangea marriages" that include of parental involvement and consent, with children actively
driving the process is increasingly reported, especially among many segments of the
population that are becoming increasingly urbanized, educated and mobile (Qadir et al.,
2005). Such transformations are trickling out to rural areas as well. UN-Nisa et al., (2006)
round rural women supportive or greater input and consultation tor women with regard to
their mate selection, some conditional support for "love marriages." and advocacy for
greater parental flexibility in such cases order to prevent familial estrangement. However
divorce is on the upswing and family court records show that it has increased by 20-30% per
year over the past decade (Ahmed, 2007). The evidence suggests a trend toward new
expectations oí personal choice and individual lullilment as desirable aspects oi modern
marriage.

The intent of this study is to contribute to the limited knowledge regarding marital
experiences of women in Pakistan. Study limitations stem from a small sample size of
women whose circumstances were extreme enough to prompt them to seek the services of a
shelter. They represent a small minority of women in Pakistan who seek formal services to
address such marital problems, although the number is growing (Amnesty International,
2004; Critelli and Willett, 2010). There is evidence that the situations reported by these
respondents occur with trequency among women in Pakistan, especially rural women with
limited education (Amnesty International, 2002; Bari, 2000; Human Rights Watch, 1999;
Jilani and Ahmed, 2004). It must be cautioned that they do not represent all marriages in
Pakistan and many women enter marriages freely and willingly and increasingly encounter
more acceptance of divorce.

Large scale data on women and marriage and gender based violence is not routinely
collected in Pakistan. Social norms add to the difficulty of gaining research access to women,
especially to explore private family matters such as violence and divorce, so very tew studies
succeed in reaching this population. Because of the well-documented multiple obstacles to
cross-cultural family research, especially in non-western countries, the poor, non urban, and
illiterate often 'fall through the cracks" of family research (Adams, 2004). Much of what is
currently known is based upon reports or human rights and women s JNUUs that provide
anecdotal and broad-based descriptions of social processes taking place in Pakistan
(Amnesty International, 2002; Human Rights Watch, 1999; Shaheed, 1998; Women Living
Under Muslim laws, 2006). Instead, this study provides a first hand account of the how the
interplay of laws, policies and customs impact on women at the individual and lamily level,
shaping their choices and opportunities tor action within marriage. 1 he limitations 01 this
research study are far outweighed by the value of hearing about the lived experiences

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690 Journal of Comparative Family Studies

perspectives and women themselves. These findings provide evidence of the pressing need
for improved social policies to protect women's rights in the family.

The study findings have relevance beyond Pakistan's borders and can also contribute to more
effective practice with families in a variety of global settings. The issues examined here are
transnational in scope and are shared across cultures and regions (Welchman and Hossain,
2006). Forced marriage and unequal rights of women in divorce are international human
nghts concerns and occur in communities throughout the world (Women Living Under
Muslim Laws, 2007; Balchin, 2009). Still, activists caution against interpretations of forced
marriage and so-called crimes ox honor based on cultural essentialism that undermine
initiatives and strategies to address these issues (Welchman and Hossain, 2006).

International migration has emerged as another level where women are encountering new
vulnerabilities to violation of their rights in marriage (Eturk, 2009). Laws, specialized legal
units and helplines have been instituted in countries such as Norway and the UK to prevent
forced marriage and enable women to assert their rights. Such intergenerational conflicts
among migrating youth and their families are likely to confront psychologists, family
therapists, social workers, teachers, professors, and school counselors in the West (Casciani,
2009). It is critical that interventions are based upon a thorough understanding of the
intersectional and compounded risks experienced by women due to their marginalized status
and respond to the protection gaps for immigrant women by addressing root causes and
avoiding gender and cultural stereotypes.

Women's rights in marriage will become increasingly prominent as human and women's
rights issues. Today, a life free of violence is increasingly accepted as an entitlement rather
than merely a humanitarian concern. Shifting expectations, changing attitudes among the
young and intergenerational tensions will only intensify as the impact of globalization,
increased education and changing roles of women in Pakistan and worldwide continue to
transform families and societies.

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