20000117

Pawla concerned

at FSC verdict

on family laws

KARACHI: Pakistan Women Lawyers' Association (PAWLA) President Mrs Rashida Patel has expressed concern over the judgement delivered recently by the Federal Shariat Court (FSC) directing amendments to section 4, 6 & 7 of the Muslim Family Laws Ordinance 1961, will adversely affect family life, women and children in Pakistan.

Rashida said that Section 4 of the Ordinance was designed to ensure the inheritance of orphan children from the assets of their grand parents, in place of predeceased father or mother. It is in the sprit of Islam to provide for the dear and near ones, legislation to this effect cannot be considered contrary to Islam.

The Federal Shariat Court, while recognising the need to protect the genuine rights of grand children in the property of grand parents directed fresh legislation allocating one-third of the property for orphaned grand children to be presumed to have been willed. This does not solve the problem, she said.

Though the Federal Shariat Court held that registration of Nikah is not in any manner violative of the injunctions of Islam, it has failed to provide sufficient safeguard to ensure proper processes for registration and availability of records, which is at present not properly done, said Rashida.

The Pawla chief said that the FSC considering polygamy was within the injunction of Islam subject to Adal (equity) and fair play by the husband towards his wives, recognises the misuse of the permission and the need for suitable measures, it is unclear from the press report as to the direction given by the FSC.

The Holy Quran has clearly provided that "When ye Divorce Women, and they fulfil, the term of their (Iddat). Either take them back on equitable terms, but do not take them back to injure them, (or) to take undue advantage".

For again Quran says, "If ye fears a breach between them twain, appoint (two) arbiters, one from his family, and the other from hers; if they wish for peace God will cause. Their reconciliation; for God hath full knowledge and is acquainted with all things".

Rashida Patel said that the FSC however, has failed to properly interpret the above quoted verse of Quran and held the Section 7 of the Ordinance is violative of injunctions of Quran. It has also violated the Article 203-B of the Constitution of the Islamic Republic of Pakistan by assuming jurisdiction.

The Pakistan Women Lawyers' Association calls upon the Federal Government to study the judgement and file an appeal, it especially calls upon the women members of the National Security Council and federal and provincial governments to show their commitment to the womens cause and use their good offices in the interest of women.ÑPR