ISLAMIC STUDIES

ECONOMIC RIGHTS OF WOMEN IN PAKISTAN- A CASE STUDY IN THE LIGHT OF ISLAMIC LAW

SUBMITTED TO

MA’AM TANIA MUSTAFA

SUBMITTED BY

JAVAIRIA AZAMFATIMA WAHEED

FATIMA AMJADSHAHAR BANO

IQRA SADIQFAREEHA ISLAM

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TABLE OF CONTENTS

1. Introduction………………………………………………..…………3

2. Women economic rights in Pakistan……………………………….…4

3. Women economic rights in Islam……………………………...……..6

3.1Right in inheritance…………………………………….…...7

3.2Dower ( mahar)…….……………………………………….8

3.3Maintenance………………………………………….……..9

4. Verses regarding economic rights of women………………….……10

5. Conclusion ……………………………………………………….…11

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INTRODUCTION

Holly Prophet (S.A.W) said,

"Among you the most respectable is the person who regards ladies and the most

disrespectable is the person who affronts the ladies."

The above guideline of blessed prophet (S.A.W) announced the ground of respect and

admiration for an individual in Deen-e-Islam. Islam gave ladies a fair life and light, the

light of rights in her existence. Before Islam ladies were greatly crumbled by the social

order. Middle Easterners used to bury their little girls. Wives were pitilessly beaten, step

mother came to be legacy of eldest son and the sisters were given as remuneration for any

sin of her family. Islam nullified all these dim practices and made the heaven under the

feet of mother, ensured heaven to a father who carried up her little girls with adoration,

guaranteed heaven to the spouse who mind her wife and made sisters friends in the

legacy. Today Muslim lady is confronting issues not in light of absence of her rights in

Islam yet because of the male driven and uneducated social order. Islam guaranteed

ladies regard, respect and wellbeing preceding and more than whatever possible religion,

human progress and balance. Islam gave ladies all rights to ladies after 15 centuries

which any one can want in today's greatly advanced planet.

The tragic pages of history just display yelling voices and tears of ladies that break the

heart of the reader. All the enormous progress of their chance incorporating Hubsha,

Byzantine, Room, Greece, Egypt, China, Hindustan and Arabian Penusiuala destroyed

the ladies under the feet of severity. Those who are guaranteeing themselves the guides

and suppliers of ladies rights in today's planet were truth be told the genuine usurper of

ladies rights from hundreds of years. Ladies In these civilizations battled so hard and go

to battle on behalf of her rights hundreds of years and centuries even than their male

overwhelming authority never gave them rights until they require them. After the two

world wars when men quality came to be deficient in powers and in the different fields of

life then they carried ladies out of house and utilized her for their diverse purposes on the

name of ladies rights. How about we observe on the dates of rights providers as a proof

US in 1920,british in 1918,france in 1944,norway in 1907,sweden in 1921,belgium in

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1919,japan in 1945,netherland in 1919 et cetera. Islam gave all social, conservative,

political and legitimate rights to the ladies much sooner than fifteen centuries.

Every living soul knows Islam asserts that it is a complete code of life. Subsequently

Islam is not just finish code of life for men it is additionally complete code of life for

ladies. It gives equivalent rights to men and ladies. It is extremely paramount for every

living soul that there is huge distinction of importance between the expressions

"equivalent" and "same". As ladies and man can't same physically so there rights can

likewise not same because of their callings however they have equivalent rights on or the

other way.

WOMEN ECONOMIC RIGHTS IN PAKISTAN

The Quaid-e-Azam said in a speech in 1944: "No country can ascent to the height of

glory unless your ladies are side by side with you”. We are chumps of merciless

traditions. It is a wrongdoing against humankind that our ladies are quiet down inside the

four dividers of the houses as detainees. Despite the vision of the founding father, the

situation of ladies in the nation we made is truly sad. They are schmucks of household

savagery and rape and have been denied their due social, investment, political and

monetary rights.

Ladies, in a few parts of the nation, have even been denied of their essential birthright to

education which, in turn, hampers their street to empowerment as it is just education that

can enable her, not just socially, and yet fiscally. At that point there is an additional way

being polished in our social order which is denying them from inheritance. As per Islam

in inheritance from father an son is given 2 parts while the girl 1, ladies additionally get 1

part from her husband. In typical zones of Sindh, the individuals perform an illegal

practice by wedding with Quran. There is not any sort of proof to demonstrate such work

on consistent with Quran and Sunna. It is against the teachings of Islam. An additional

social wrongdoing honed by the individuals of Sindh is respect slaughtering of lady. Haq

meher is a ladies' right in Islam however in our social order numerous individuals deny

their wives from this right. There is no denying the actuality that lady empowerment is a

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key marvel in realizing economical socio-investment advancement of each country. This

forward-looking methodology is assisting such social orders profit from the dynamic

cooperation of ladies from each stroll of life.

Constitutionally, ladies are given all rights which they worth For a moment, the

Constitution of Pakistan distinguishes the uniformity of each resident. It says in Clause 2

of the Article 25," There might be no segregation on the support of sex distant from

everyone else." In the same article, the balance of both men and ladies is ensured.

Besides, the Article 19 of the Constitution has authorized for the flexibility of speech and

statement of the each subject. It implies both men and ladies are qualified for utilize their

right of flexibility of speech and expression. Furthermore, the Article 34 particularly sets

out the guidelines for the support of ladies in ever field of life. It says, "The state might

guarantee the interest of ladies in the each circle of the national life."

The state should dramatically change statutory law. Actually, it is fundamental to have a

straight out assertion from the State as to its stand on human rights, and proof of this

stand through important demonstrations of Parliament. For ladies, as subjects, laws might

be the main strong base on which they can seek after their rights. Where lawful change is

a choice, the necessity must be to change the laws that influence the individual security

and wellbeing of ladies. There has been certain development towards the acceptance and

acknowledgement of ladies' essential human rights. While the 1969 Muslim Family Laws

gave more space to ladies and expedited separate processes after the 2002 alterations,

ladies' entitlement to legacy has been acknowledged by court in a Supreme Court

judgment. Two bills relating to ladies' sexual and conceptive rights are pending in

Parliament. The principal is Domestic Violence (Protection and Prevention) Act 2009 and

second, the Protection against Harassment in the Work Place Act2009. Both of these

drives have been the aftereffect of civil social order promotion over various years.

Conglomerations, for example Aurat Foundation, Aasha, and Action Aid have all taken a

shot at planning remarks and draft charges, and press on to function towards change of

these proposed laws. Support has incorporated normal companionship with significant

Government forms, particularly the Ministry of Women Development However,

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notwithstanding these religious and established insurances, the state of ladies rights in

Pakistan are very regrettable. There are numerous explanations for this miserable state of

ladies rights. The most well-known makes are social and accepted reasons, for example

patriarchal social order, feudal framework, tribal society, parallel equity framework and

unfortunate traditions.

ECONOMIC RIGHTS IN ISLAMIC LAW

Allah Almighty knows all quality and shortcomings of his creatures. He made ladies

physically very delicate and powerless than man. Subsequently he moved all the

economical trouble of ladies on men's shoulder. At the time she is girl she is calling of

her father. Assuming that father ceased to exist she comes to be job of her sibling

(Brother). At the time she is wife she is obligation of her spouse and when she is mother

she is obligation of her offspring. Thus she can live her life quite agreeably and can deal

with house efficiently. God doled out all the financial fundamentals of ladies as an

obligation of men however and, after its all said and done he doesn't make ladies purge

deliver sparing rights.

Dr. Hamidullah said: "The ideal and complete peculiarity of the individual of the lady is

show in a generally striking way in the matter of property. As per the Islamic law, the

lady owns the most total right over her property. Provided that she has accomplished

dominant part, she might discard it as per her will without reference to any other

individual, if it be her father, sibling, spouse or offspring or any viable individual. There

is no distinction in this matter between a man and a lady. The property of a lady can't be

touched regardless of the possibility that her spouse or father or whatever viable relative

has liabilities surpassing his holdings. Additionally, these relatives are not considered

capable provided that she contracts obligations. A lady has the same rights as man for

gaining property. She might inherit it, gain it in inheritance or gift, buy it by her own

particular work; and this stuff stays here and hers separated from everyone else. She is

absolute paramour of her property to appreciate it or to give it to whomsoever she prefers

as a gift, or to discard it, by bargain or any possible lawful means, at her will. All these

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rights are natural in a lady; there is no inquiry of getting them through exceptional

contracts, with the spouse for example or by a grant hinging on another person."

Aftab Hussain J, the writer of "The Status of Women in Islam", writes: "As summed up

in the Age of Faith by Will Durant, Islam placed woman and man on the same footing in

economic independence, property rights and legal process. She might follow any

legitimate profession, keep her earnings, inherit property and dispose of her belonging at

will." At another place, he writes: "Marriage confers no right on either party over the

property of the other. The legal capacity of the wife is not sunk in that of the husband;

she retains the same powers of using and disposing of her property, or of entering into all

contracts regarding it, of suing and being sued without his consent, as if she were still

unmarried:"

RIGHT IN INHERITENCE Before Islam there was no concept of inheritance for ladies. Islam gave right to ladies in

the inheritance. Women receive inheritance from her father, husband and son. The

injunction that a male relative (son) receives a share equal to that of two females

(daughter) has given birth of a vigorous equality debate. Some argue that the differential

treatment on the basis of gender regarding inheritence shares violates international

human rights and in Islam women's share in inheritance is unfair and unjustified.

Therefore, a number of NGOs and few personalities in Muslim countries have called for

equal inheritance rights. On the other hand, Muslims argue that the shares of a male are

double than that of a female not because a male is worth more, but because the male has

the duty to support his family while the female is exempted from any sort of financial

responsibility and can spend it all on herself without the need to share. However, a more

dominant position is the general position, even from Muslim women, that what God has

ordained for shares cannot be changed and the application of these formal inheritance

rules pertaining to designated shares must be understood in a broader socio cultural and

economic context and within wider inheritance systems of practice. If seen as a whole, it

would be very clear that in Islamic law women are much more favored financially than

males.

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REASONS FOR HALF SHARE FOR INHERITENCEWomen in Islam receive assets mainly from three sources: inheritance, Mahr and

maintenance. On the other hand male receives double on first source inheritance but they

need to give Mahr to wives and maintenance to wives and other dependants. Women is

financially not responsible for the family that is the reason women is given half share in

inheritance.

Women are much more favored financially than male for the following reasons.

1 Before marriage any gift given to women is her own and her husband has no

legal right to claim on it even after marriage.

2 On marriage she is entitled to receive a marriage gift (Mahr) and this is her

own property.

3 Even if the wife is rich, she is not required to spend a single penny for

household; the full responsibility for her food, clothing, housing, medications

and recreation etc. are her husband's.

4 Any income the wife earns through investment or working is entirely her own.

5 In case of divorce, if any deferred part of the Mahr is left unpaid, it becomes due

immediately.

6 The divorcee woman is entitled to get maintenance from husband during her waiting

period (iddat).

DOWER ( MAHAR)

Mahar in Islamic Law refers to the gift that must be given by the husband to the

wife at the time of wedding.

According to the 1984 Islamic Family Law (Federal Territories), it is stated that the

dowry refers to a payment from the husband to the wife that is legally due

by Islamic Law at the solemnisation ceremony (akad nikah), either in the form of money

actually paid or recognized as a credit with or without security, or as something that,

according to Islamic law, has monetary value.

There are many propositions (dalil) that supports the giving of the dowry as

obligatory, such as in Surah al-Nisa’, verse 4:

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“And give the women [upon marriage] their [bridal] gifts graciously. But if they give up

willingly to you anything of it, then take it in satisfaction and ease.”

MAINTENANCE

Accordingly, maintenance is likewise on the shoulder of men at her phases of life. Father,

Brother, spouse and son needs to give her food apparel and different needs of life

individually.

Holly prophet (S A W) said,

"Any individual who brought up her little girls with sincerity and afterwards married

them He is as near me as my two fingers."

Taking care of ex-wife is also husband’s duty throughout the time of Iddah. Some of

Islamic researchers agreed that husband needs to satisfy his ex-wife's needs until her . On

the off chance that if any child from her husband then it is additionally avocation of kid's

father.

Additionally, she has right to work for livelihood. Provided that she needs to do a task

and if social order necessities her then Islam give her full right to look for a job. Anyway

if she would like to do the work then no one can force her not look for work. So also she

has the right to work together and to exchange things keeping in mind the end goal to

gain fund.

Hazrat Khadija(R.A), Wife of Holy prophet (S.A.W) was the renowned international

business woman.

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Dowry (Jahaiz) Now a days is a prevalent issue observed in our social order. Provided

that it is requested straight or by implication, it is restricted in Islam. How about we take

a case of Hazrat Muhammad (S.A.W) that what he had given as settlement to her little

girl Hazrat Fatima R.A. instead of the fact that He (S.A.W) was the cousin of Hazrat Ali

(R.A) and He (S.A.W) had given some gifts to Hazrat Ali (R.A) which is now considered

as dowry. Now we compel the family of girl to give away a flat, vehicle or something

else. The demand for jahaiz in Islam is not right from any point of view. The family of

groom can't request it if in stowed away expressions or unabashedly. Assuming that the

family of lady needs to give something as endowments, they might as well acknowledge

that kindly. Anyway no force ought to be there for the demand of dowry (Jahaiz).

Additionally, if a lady makes some salary or she has a few methods of earnings, these are

her own particular property. She is not compelled to use even a penny for her family. She

can utilize it for her own particular profits.

VERSES REGARGING ECONOMIC   RIGHTS OF WOMEN     

“And do not wish for that by which Allah has made some of you exceed others. For men

is a share of what they have earned and for women is a share of what they have earned.

And ask Allah of his bounty. Indeed Allah is ever, of all things, knowing”

(Surah Nisa: 32)

“For men is a share of what the parents and close relatives leave, and for women is a

share of what the parents and close relatives leave, be it little or much - an obligatory

share” .

(Surah Nisa: 7)

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AHADEES.  

Ahadith of the Prophet Muhammad (Allah's peace may be upon him) about the rights of

woman regarding property are as follows:-  

1. Jaber reported: My maternal aunt was divorced thrice. She then intended to get

fruits of her palm trees. A man threatened her for her coming out. She came to the

Prophet who said: Yes, take fruits of your palm trees. It is perhaps you will make

gift or do some good act. (Muslim)  

2. Jaber reported that the wife of Sa'ad-b-Rabiy came with her two daughters by

Sa'ad to the Messenger of Allah. She said: O Messenger of Allah! They are the

two daughters of Sa'ad. Their father was martyred with you on the day of Uhud,

and their uncle has taken their property. He has not left any property for them, and

they cannot be married unless they have got some property. He said: Allah will

decide about that. Then the verse of inheritance was revealed. So the Prophet sent

for their uncle and said: Give the two daughters of Sa'ad two-third and give their

mother one-eighth and what remain is for you. (Abu Daud, Ibn Majah, Tirmizi)  

3. It is reported by Zainab, wife of Abdullah-b-Mas'ud that her husband was a man

of little means and she wanted to spend for him out of her wealth. When she

asked the Prophet (peace be upon him) whether her charity on her husband would

suffice, the Prophet (PBUH) said: There will be two rewards-the reward of

relationship and the reward of charity. (Bukhari, Muslim)  

 

CONCLUSION

The Ideology of Pakistan is dependent upon Islam. Throughout 1400 year, Islam is the

main religions which conceded diverse rights to ladies. As mother, she has the crux of

sanctuary, and as girl favoring of satisfaction. Islam has allowed social political and

sparing rights to ladies. She has permitted picking her existence accomplice and her

assent is obligatory for marriage. Moreover, Women can work out of the home under

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Islamic terms and condition. Numerous different rights have likewise been conceded such

law of inheritance, justice between men and ladies, training and provincial rights.

Despite giving of rights to ladies, the Islamic state is answerable for the security of her

right under the light of Quran and Sunnah. In any case, the breaking down state of ladies

on the earth and Pakistan is sad. In past, a liberation development laid in the west, which

forced to acknowledge correspondence of ladies. Further, it worked for the insurance of

ladies around the globe.

The male and female quantity is not balance in Pakistan. Numerous factors are affecting

it, for example Target Killing, and suicide assaults. By and by, Male is prevailing in all

circle of life. Throughout the early years of Pakistan, Women were permitted to take a

shot at balance foundation. Anyway the social backwardness of the individuals controlled

them to free ladies in the earth. Mohtrama Fatima Jinnah and other female flexibility

warriors are express case. In the administration of Ayoub and Bhutto, Women education

was obliged. The 1973 constitution acknowledged the uniformity of ladies and their

rights.

The Government of Pakistan launched numerous advancements systems for the ladies

regarding training, preparing, and fiscal backing. Different figures of social life, for

example Ngos and Human Rights conglomeration might as well conceive system for

directing the individuals about the status of ladies and in social life. They may as well as

highlight the correspondence of sexual orientation and assent over marriage choice with

young lady. At present, ladies are appreciating an exceptional status in high society. The

First Female speaker of national get together is express illustration. In craftsmanship and

amusement, Sharmin Obed Chinoy has accepted Oscar honor for her documentary film

"Saving Face".

All things considered, ladies endure in hopeless issues. These issues may be social,

political and efficient. A solid and well versed lady can raise an in number social order.

Throughout present decade, The Government of Pakistan started numerous improvement

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systems to support the ladies status in the nation. The law implementation offices passed

diverse laws to provide security to ladies in the nation. In common administration of

Pakistan, Women have conceded 10% of standard. Be that as it may it is likewise

necessary to advice individuals about the right status of ladies in the social order. In this

respect, the Electronic Media can perform a excellent part.

The part of both ladies and men is critical in the advancement of solid social order. In this

association, ladies issues may be disposed of from social life. It needs not many measures

to receive. For better Islamic social order, People must comprehend the correct spirit of

Islam. It will serve to confirm the right of ladies in the light of Islamic teachings. These

days, the part of media is brilliant in pushing training for ladies. Other diverse technique

must be embraced to build the vitality of female instruction, particularly in tribal

territories

It is not as if nothing is being done in Pakistan with regard to women empowerment but

whatever is being done, is clearly not enough. Most women in the country, especially in

the rural areas, are being deprived of basic human rights. It is not only the duty of the

government or NGOs to safeguard women’s rights. It is the duty of every citizen of

Pakistan to ensure that their rights are protected.  

REFERENCES

http://www.islam.gov.my/sites/default/files/mahar_from_islamic_perspective.pdf

www.mwlusa.org/topics/ rights /econ rights .html

tribune.com.pk/story/543179/womens-rights-in-pakistan/

pakobserver.net/201301/06/detailnews.asp?id=190254

www.islamweb.net

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