Nikah and Court Marriage in Pakistan:
In many cases, the nikah of a girl is performed in court marriage in Pakistan but rukhsati, when consummation takes place, is fixed for some years later, It now Sometimes happens that the husband abducts the wife & rape between these two events, and there is no law to punish him for rape. Even otherwise, a woman’s body ought not to be violated act will. The Hudood laws were promulgated without any discussion or debate. The promoters of this law promised that it would be based on the principles or Islam, which is a "basically welfare-oriented progressive and enlightened religion which establishes justice. General Zia-ul-Haq said that if law had the capacity "to meet the changing needs and requirements of every age More than the inch and the strong, it protects the poor and the weak and as between man and woman, an employer and employee, and a Muslim and a non-Muslim, it safeguards their rights. It established a balance in matters temporal and spiritual... I hope that these steps will help achieve the objectives of court marriage in Pakistan, which give prime importance to the protection of life, property, and honour of the citizens.
Following the Islamic Law For Nikah:
This is vital for the building up of a healthy and prosperous society 6 Contrary to its promised objective, the law has exploited rather than protected women, the disadvantaged and minorities. It has also failed to meet changing needs. It has done more harm than justice. Moreover, minority representatives have often argued that they should not be subjected to legislation that is passed based on Islamic religious norms Introduction of Zina as a crime has adversely affected non-Muslims since, amongst Christians, divorce can only be granted on proof of adultery. If adultery stands proved, the adulterous spouse could face prosecution for zina. lf the grounds fail, the spouse after court marriage in Pakistan making such an allegation can be prosecuted for qazf. Thus, for instance, the inmates of a girl's hostel can be subjected to a daylight orgy of abuse but there will be no way that the culprits will get their full deserts except if they go and confess the crime themselves. The available testimony, being only of women, will not be acceptable. The evidentiary requirement, particularly in rape cases, is more irrational still. For example, Since the evidence of non-Muslims against a Muslim will not get them any redress, if, say, a gang of Muslim criminals breaks into a church and assaults the Christian women there, it can pretty much get away from the punishment of hadd. The testimony of women is not accepted for the imposition of it. It is also not clear that the law is even genuinely based on the principles of Islam. In 1981, the punishment of stoning to death was challenged as being un-Islamic. The majority agreed that stoning to death was un-Islamic.
Review By Federal Government on Abuse Cases:
Subsequently, a Review was filed by the federal government and the decision was reversed. In another matter, the courts have had some differences with the provisions of the Ordinances. The law Is flawed also because it does not adequately provide safeguards against its abuse Thus, a busy body may file an FIR against a married couple and can get away with this cruel prank Or for that matter, the law has provided families with the power to punish children for deciding their marriages themselves or for resisting the match chosen by their families instead of court marriage in Pakistan. In any event, hadd has not been awarded so far but has, on the other hand, given a cause for a grievance to minorities and women and as such serves no practical purpose except to keep these vulnerable sections of society in suspense and feeling insecure. Women's organizations across the board have consistently demanded a repeal of this law. Its imposition is not an absolute necessity It has never been executed and hadd punishments were only recently introduced. The introduction has not reduced crime or purified society in any way It appears that Islamic principles, too, allow flexibility. Justice (retd.) Dr. Tanzilur Rehman, former Chairman of the Council of Islamic Ideology quotes the Holy Prophet (peace be upon him) as having said Do away with hadd punishment in case of doubt" He quotes another incident where the Holy Prophet (peace be upon him) said that it is better to let ten offenders go off unpunished than to convict one innocent person," The most operative parts of the Ordinances are those concerning the punishment of tazir he punishments for theft, armed robbery, rape, drug use, and trafficking, and the consumption of alcoholic beverages can easily be included in the Pakistan Penal Code, 1860.
Punishment For The Zina:
This is particularly So since the requirement for evidence under the punishment of tazir is prescribed under the Qann-i-Shahada, 1984, which applies to all laws. Moreover, the laws of Qisas and Diyat are already a part of the Pakistan Penal Code, 1860, and since there is a move to Islamize all laws and to bring them in harmony with the fundamental rights enshrined in the Constitution there appears to be no reason to place the Hudood Ordinances apart as some kind of special laws and court marriage in Pakistan. The major attack is on the Zina Ordinance, which has changed the previous legal position these changes, as has been amply illustrated, have only resulted in a gross miscarriage of justice and operate against the underprivileged sections of society their detrimental effect outweighs any advantage they may have. They contribute towards the exploitation of women not only by imprisoning them but also by exposing them to the brutality of the police and unscrupulous elements of society. Children are not protected from being convicted under this law and it gives a free license to the police and the patriarchal system to invade the privacy of the home and to subjugate women to the whims and wishes of a feudal mentality against court marriage in Pakistan.