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The Constitution of Pakistan and our religion has granted us several rights but many people, especially women, are unaware of their due rights.
Can a woman divorce her husband? What happens when a husband marries another woman without asking for permission from his first wife? What steps should a woman take if she faces workplace harassment? These are some of the most pressing and controversial issues?
Barrister Khawaja Naveed Ahmed is an advocate of the Supreme Court and has been a former Justice of the local court as well. MM News got a chance to speak to him and find out what the law and constitution have to say about these rights.
MM: What does the law says when someone demands dowry?
Barrister Khawaja Naveed: The law made on dowry was to curb it. There is a specific limit set for giving or asking for dowry. Law prohibits excessive dowry either a person gives or takes. In most of the cases, the bride faces problems and if her marriage ends, she can file for divorce and recovery of dowry. Then as per law, she faces serious charges as the law is strict against the one who gives dowry.
MM: What rights does the constitution give to women?
Barrister Khawaja Naveed: There are a lot of rights that our constitution has given to women, from article 1 to article 25, all basic rights have been given to women. A woman can live freely, has a right to marry if she has reached puberty, can start a business, has a right to cast vote or join any political party, can buy the property, and cannot be charged without a fair trial.
MM: What happens when a husband marries without asking permission of the first wife?
Barrister Khawaja Naveed: The law related to this was made in 1961 and 1962, where a husband cannot marry again without asking permission of the first wife, he would be charged an Rs.1000 fine and month imprisonment, however, recently, the law has been enhanced from one month to one year, additionally with a fine. Also, a judge in Lahore has even imprisoned a man for three years for this violation.
MM: Does the wife has a right to divorce her husband?
Barrister Khawaja Naveed: Yes, Islam does give a right to a woman if she wants to divorce her husband, there is an article mentioned in the ‘Nikahnama’ which is often cut by the clerics but clause number 18 clearly states that the wife has a right to divorce her husband.
MM: Does the wife gets ‘Haq Mehar’ if she gets the right to divorce her husband?
Barrister Khawaja Naveed: It is a debatable point but Haq Mehar should be given to her right away, however, any case related to it has not come to light. But the wife can claim her Haq Meher.
MM: Does the law allow a woman who has remarried to keep children from first marriage?
Barrister Khawaja Naveed: As per law, the wife can divorce her husband, can marry again, and keep the children from her first marriage, strict action can be taken against the first husband if he tries to snatch kids from his former wife.
Usually, a long time ago, men used to blackmail their wives of marrying another man that they marry again, that woman will be no longer to meet or keep her children with her. However, by the passage of time, this perception has changed.
MM: If a woman remarries then who has the right to keep the children as per law?
Barrister Khawaja Naveed: There are different laws based on sects. As per Sunni law, a woman as a matter of right can keep her son until he turns 7 years and her daughter until she turns 14. Same as per Shia law, the mother can keep her son until he turns 2 years old and her daughter until she is 7 years old.
Even if the son or daughter reveals that they want to live with their mother then the law allows them to live upon their will. Other than that, if the woman is incapable mentally or physically then the child legally goes to the father.
MM: What does the laws says on defamation of a woman’s character?
Barrister Khawaja Naveed: If the inlaws or husband of a woman alleges woman and objectifies her character that she is involved in an extramarital affair, she can file a defamation suit against her husband or inlaws for maligning her character and if there is no proof against the claim then as per sharia, eighty lashes will be given to the person found guilty in the matter.
MM. If a man dies before his father, can his inheritance be transferred to the grandson?
Barrister Khawaja Naveed: There was no law as such that if a son dies before his father, the property of the son will be transferred to his grandson because a legal inheritance is transferred to a son if his father dies but the son dies before his father then the law demolished. However, a new law states that if the son does, his son can hold inheritance given by his grandfather.
MM: What can a woman do is she faces workplace harassment?
Barrister Khawaja Naveed: There is a strict law against it, many multinational companies in Pakistan and firms that have a huge number of female employees have placed a letter on the boards in bold letters about workplace harassment.
If a woman files a harassment case, the case filed against the man can lose his job, he would be fined too. But the case should be genuine as few cases are filed on personal interest as well.
