Women in Pakistan – A Comparative Analysis of Women's Rights on the Basis of Anglo-Saxon and Muslim Legal Traditions

Abstract

This paper draws attention towards the legal status of women in the Anglo-Saxon (common law) and Muslim legal traditions (Sharia law) of the Islamic Republic of Pakistan. In the beginning, the paper provides elaboration on the concept and historical background of Sharia law. The paper then chalks out in detail the historical background of women’s status in Pakistan based on two basic parameters, that is, on the basis of their rights under Sharia law and on the basis of their rights under common law i.e. the Constitution and legal Statutes. Although Sharia law generally treats women as equal to men, there are still certain matters in which women are treated unequally such as marriage, divorce, inheritance, property rights, etc. The paper then concludes with a comprehensive analysis of the rights of women in Pakistan under both systems of law through a study of case-law.