Islam and Women Rights in Pakistan

Abstract

Created for the Muslims of the Indian Sub-continent in 1947, Pakistan is by design a Muslim majority state with 97 percent Muslim population. Despite the division of India and Pakistan based on distinct religious identities as per the ‘Two-Nation Theory’ (Cohen 2004), Pakistan continues to face identity crisis as evident through divisions between Islamists and secularists. The law has been an arena of this Kulturkampf (Yilmaz 2016). Islam was identified as a key element of Pakistan identity since the first deliberations on the constitution of Pakistan. In the light of the Objective Resolution of 1949, the country was declared an Islamic Republic in 1956 (Ahmed 2016). Later constitutions have also maintained the centrality of Islamic ideology in everyday affairs of Pakistan (Chak 2015). Despite a declared Islamic Republic, Islamization began in the 1970s under Zulfiqar Ali Bhutto and later during the rule of General Zia-ul-Haq in the 1980s. Under Zia, the most controversial Hudood laws were formulated and implemented. While many scholars blame the leaders of that time, especially General Zia, for the discriminatory laws against women, it is important to analyse the role of constitutional bodies responsible for ijtihad, such as the Council of Islamic Ideology (CII), and the Federal Shariat Court (FSC), in relation to women rights. The aim of this paper is to present a critical analysis of both institutions in connection to some prominent, but controversial, laws vis-a-vis women in Pakistan. Despite criticism of CII’s controversial recommendation on issues pertaining women rights, the council merely has an advisory role. CII’s reports are often not discussed in the parliament, as there are bureaucratic filters. Even if passed by the legislators, FSC has the mandate to make judgements on Islamic laws. Thus, impact of CII’s recommendations on women in Pakistan cannot be judged in isolation to other key constitutional bodies, especially FSC. In terms of the methodology of the paper, the analysis is based on the role of two selected bodies since 1980. It is the year when FSC was created and an era in which many of CII’s suggestions on Islamization were implemented during General Zia-ul-Haq’s regime.