Witness of Court marriage in Pakistan:
Qanun-e-Shahadat, 1984: Competence and number of witnesses (articles 7 and 17) these provisions leave much to the discretion of the court. It is the court that will determine the competence of a witness under the injunctions of Islam in court marriage in Pakistan. This is bound to lead to varied interpretations. In one case, for instance, the court expressly stated that in the matter of qisas the law required the evidence of two men or one man and two women. Considering that there are usually differences of opinion, strict consistency can hardly be expected. The law thus seems unfair in taxing the courts with laying down the law where varying interpretations of Islamic injunctions are possible. It may lead to much confusion and injustice. Recommendation: The provisions of the old laws are revived and if the Parliament considers it necessary to make any further change in this area, it should do so after serious debate and by reaching a consensus that the proposed law is under the injunction of Islam.
Birth during court marriage in Pakistan:
Birth during court marriage in Pakistan conclusive proof of legitimacy (article 128) this article protects children so that their legal rights of parentage are acknowledged. However, it also says that it shall not be so acknowledged if the husband refuses to own the child. Second, the protection awarded to children is not extended to non-Muslims. This law was enacted to protect the child, but article 128 (1) (a) nullifies it by providing that the father may, however, refuse to own such a child. Further in article 128(2) does not provide this protection to non-Muslim children. Recommendation: The offending clauses of this article [128(1) (a) and 128(2)] are repealed so that every child has the right to legitimacy in court marriage in Pakistan. Indecent and scandalous question (article 146)This article allows the court to forbid questions or inquiries, even if they are pertinent to the case if it regards such queries as being "indecent or scandalous," The court may not, however, forbid such questions if they relate to facts in issue, or to matters necessary to be known in order t determine whether the facts in issue exist, Courts do not appear to be making adequate use of this law since women are frequently Subject to highly inappropriate interrogation.
Support of NGOs and Bar Associations:
This is especially true is trials about sex-related offenses and where a woman is the accused or a victim. This is especially true are trials about sex-related Recommendation: This provision of the law be wide be publicized by NGOs and amongst the Bar Associations. The government should issue directives to the Advocate Generals of all jour provinces to instruct state counsels to ensure that this provision of the law is followed n every case, especially where a woman is being examined, and even more particularly in sex-related cases and court marriage in Pakistan. Impeaching credit of witness [article 151(4)] in a case of rape or attempted rape, this provision allows it to be shown in mitigation of the crime that the victim was generally immoral; This is unjust both legally and morally. One person is inappropriate background cannot be made ground for the mitigation of another person’s crime.
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