Consent in court marriage in Pakistan:
The Commission on the Marriage and Family Laws, 1956, noted with great concern that a large number of court marriage in Pakistan were performed without seeking the consent of the bride. There is no dispute under Islamic law that the consent of the bride is an essential ingredient for a valid court marriage in Pakistan. Some Muslim countries have legislated accordingly. In Tunisia, the law specifies that the consent of both spouses is an essential ingredient to the marriage and in Yemen, the law declares that any court marriage in Pakistan contract is based on a husband or a wife of age having been coerced, shall not be valid. It is, of course, very difficult to secure the effective implementation of legislation on this issue. Nevertheless, because this practice continues and is fairly widespread, the legislature must make some efforts to secure the woman's right to withhold consent.
Consent of A Wali To The Marriage of His Daughter:
There is no question of the consent of a wali to the marriage of his daughter or female ward was raised neither in the reports of the previous Commissions/committee nor in the Council of Islamic Ideology. Despite having been resolved two decades ago by the superior courts, the issue of consent had resurfaced and it was hoped that the controversy had been put to an end by the Federal Shariat Court which held that in Islamic law the consent of the wali or lack of it was immaterial to the court marriage in Pakistan of an adult female. The issue, however, has recently gained prominence again and the matter is pending before the Supreme Court of Pakistan who will once again ultimately resolve the matter. In Iraq, the law specifically prohibits any relative or third party from preventing the marriage of a person who has the legal capacity to marry.
The Crime of Selling Their Daughters In Marriage:
The Commission, however, feels that though the consent of the family may be culturally desirable, and may have value as a token of elderly support and endorsement, it must be made clear that it is not legally binding; It is not unheard of that young girls are sold off by their own families into unwanted marriages. Girls are exchanged in return for peace between two clans, or, given in marriage to men much older than themselves for money or another young girl. We are Simply unable for money or another young girl lives of drove on the plight of those unfortunate women and girls who have been forced turn our eyes away from the plight of those themselves on either because their walis have not accepted them or left them to fend for legal status far Omission, therefore, has no doubt that the consent of the wali ever acquiring men much older themselves women and will inappropriately strengthen the hands of those who wish to keep women in a state.
Wide Range of Girls Will Have Far-Reaching Negative Consequences:
The previous Commissions/Committee and other reports indicate that there is a wide range of girls will have far-reaching negative consequences for the lives of and of dependence and subordination an offense is selling their daughters in marriage. Although the sale of women and children is against the Pakistan Penal Code 1860 this law is hardly ever applied to parents who accept some form of gratification in exchange for marrying their daughters after Wards.