REGIME TYPE AND WOMEN’S SUBSTANTIVE REPRESENTATION...

REGIME TYPE AND WOMEN’S

SUBSTANTIVE REPRESENTATION IN

PAKISTAN: A STUDY IN SOCIO

POLITICAL CONSTRAINTS ON

POLICYMAKING

PhD DISSERTATION

Submitted by

Naila Maqsood

Reg. No. NDU-GPP/Ph.D-009/F-002

Supervisor

Dr. Sarfraz Hussain Ansari

Department of Government & Public Policy

Faculty of Contemporary Studies

National Defence University

Islamabad

2016

REGIME TYPE AND WOMEN’S

SUBSTANTIVE REPRESENTATION IN

PAKISTAN: A STUDY IN SOCIO

POLITICAL CONSTRAINTS ON POLICY

MAKING

PhD DISSERTATION

Submitted by

Naila Maqsood

Reg. No. NDU-GPP/Ph.D-009/F-002

This Dissertation is submitted to National Defence University, Islamabad in partial

fulfillment for the degree of Doctor of Philosophy in Government and Public Policy

Supervisor

Dr. Sarfraz Hussain Ansari

Department of Government & Public Policy

Faculty of Contemporary Studies

National Defence University

Islamabad

2016

Certificate of Completion

It is hereby recommended that the dissertation submitted by Ms. Naila

Maqsood titled “Regime Type and Women’s Substantive

Representation in Pakistan: A Study in Socio-Political Constraints on

Policymaking” has been accepted in the partial fulfillment of the

requirements for the degree of PhD in the discipline of Government &

Public Policy.

__________________________________

Supervisor

__________________________________

External Examiner

Countersigned By:

…………………………………………… ……………………………………..

Controller Examination Head of department

Supervisor’s Declaration

This is to certify that PhD dissertation submitted by Ms. Naila Maqsood

titled “Regime Type and Women’s Substantive Representation in

Pakistan: A Study in Socio-Political Constraints on Policymaking” is

supervised by me, and is submitted to meet the requirements of PhD

degree.

Date: _____________ Dr. Sarfraz Hussain Ansari

Supervisor

Scholar’s Declaration

I hereby declare that the thesis submitted by me titled “Regime Type and

Women’s Substantive Representation in Pakistan: A Study in Socio-

Political Constraints on Policymaking” is based on my own research

work and has not been submitted to any other institution for any other

degree.

Date: _____________ Ms. Naila Maqsood

Ph.D Scholar

.

i

Acknowledgement

On onset I would like to thank Almighty Allah (all praise belongs to Him) who

blessed me with the abilities to complete this research work. I would like to express

my gratitude to Dr Sarfraz Hussain Ansari, who encouraged me to take up this study

and provided valuable guidance throughout the completion of the work. His deep

analytic remarks and comments help to improve both the theoretical framework and

content of this study.

I offer my sincere appreciation to Dr. Syed Bashir Hussain, Head of Department,

Government and Public Policy, National Defence University Islamabad, for providing

learning opportunities in the department and for his warmth, kindness and support. I

could not have wished for a better chair of GPP department. I am also thankful to Dr.

Shahzad for his valuable help. The cooperation of all my colleagues at UET

especially Dr. Sultan, Mr. Mahmood Akhter, Miss Kulsoom, Mrs. Sumaira and my

students will forever remain alive in my memory.

This study based on extensive library work. It is pleasure giving expression to feelings

of deepest gratitude to all those who made it possible for me to complete this thesis. I

wish to acknowledge with thanks the cooperation of library staff of National Defence

University, DRSM Library, Quaid-i-Azam University Islamabad for their assistance

in locating books and other material important for this study. I am deeply indebted to

the Directors and library staff of National Library of Pakistan Islamabad; National

Archives of Pakistan Islamabad; Islamic International University, Islamabad; Allama

Iqbal Open University, Islamabad and University of the Punjab, Lahore extended

generous help in locating various books and other publications crucially important for

this study. I cannot express enough thanks to Lt.Col Dr Umair Masood, Lt.Col

Rafaqat, Ms Tasleem Kiyani and Col. Mubarak for their support.

No calculated formula can properly express my feelings of indebtedness to all those

souls who gave me strength to proceed with my work when my morale was sagging. I

would like to special thanks to my father-in-law for providing moral support. I could

not have wished for a more caring and kinder father-in-law. Many Thanks to my

brothers-in-law Mubashar Hussain, Adnan Wali and sister-in-law for their

ii

cooperation. I would like to thanks to Hussein, Ayesha, Fatima and Emaan who have

provided me with much needed amusement.

I wish to extend my gratitude to my siblings Saadia Maqsood, Asifa Irum and

Muhammad Ali Minhas whose constant words of encouragement were very valuable

for me but above all for always keeping it light, their humour and for bringing things

in perspective.

As for my husband Muddassar Hussain Naqvi, I find it difficult to express my

appreciation because it is so boundless. With his practical and emotional support as I

added the roles of wife and then mother, to the competing demands of work, study

and personal development. He is my most enthusiastic cheerleader; friend; and an

amazing husband. Without his sunny optimism, love and support, I would be lost. I

am grateful to my husband not just because he has given up so much to make my

reseach a priority in our lives, but because he has seen me through the ups and downs

of the research process. He has shared this amazing journey with me.

The completion of this dissertation could not have been accomplished without the

cooperation of my little Princess Sarah Syed (my biggest source of joy and greatest

love of all) – thank you so much for allowing me time away from you to research and

write. Considering that Sarah is toddler, it’s hard to imagine, how she could contribute

to a doctoral dissertation but infact, it was her sweetest smile and twinkling eyes

which reminded me daily of all that was yet to be and motivated me to take the final

huge leaps towards the completion of the research. Beyond this, I want to

acknowledge my child for being such a bundle of joy and laughter. She deserves a trip

to Disney World! Everything I write is for her.

In the last but not at least, from the bottom of my heart, I express my deepest gratitude

for my father Maqsood Ahmed and mother Nasim Akhtar (The best parents in the

world) whose encouragement in all of my pursuits and support emotionally and

financially at different stages of completion of the present study. I always knew that

they believed in me and wanted the best for me. Thanks for teaching me that my job

in life was to learn, to be happy, and to know and understand myself; only then could

I know and understand others. Thanks to my mother, for guiding me as a person and

teacher and edifying me empathy, the art of working around obstacles, and the

importance of just getting it done. From my father, I learned to work hard, to stand up

iii

for myself, and to pick apart an argument. Since Sarah’ birth, my parents have been

especially supportive, as we fumbled our way through the early days of parenthood.

Without them, I have no idea how we would have made it through our three moves

from Taxila to UET to NDU over the past year and a half. But my parents have not

only been a source of logistical support, they have also taught me skills that have

made me a better researcher. I am grateful to them both for being wonderful role

models to me.

In the end I am solely responsible for the short-comings (if any) in this study.

Ms Naila Maqsood

Ph.D Scholar

iv

Abstract

Over the past few decades, academic interst has grown in the subject of women’s role

in public life with a major question whether women are adequately represented in

decision-making structures. An important aspect of the academic debate is whether,

and how effectively, can women or, for that matter anyone else, substantively

represent women. Women in Pakistan have generally suffered low social status in the

society, unable to exercise their political, economic and social rights in any

meaningful way. Many of the miserable conditions that women face often tend to be

justified in terms of the country’s cultural ethos.

This study assumes the Islamic contexts of Pakistani society. Adopting a qualitative

approach, the study uses archieval material comprising authentic Muslim legal

literature, Tafsir literature (i.e. literature in the interpretation of the Qur’anic texts),

and accounts of women’s conditions and Pakistan’s politics. Relevant primary data

was collected through semi-structured interviews of women and local councillors,

members of provincial and national assembiles. The study argues that a proper

interpretation of Islamic texts, historical appreciation of the evolution of Muslim

jurisprudence and social practices, indicate that, over time, some of Islamic teachings

on the status of women became tinged with anti-women practices and customs.

Inequality in matters of divorce, problems for harmonious family life arising out of

polygamous marriage culture, dissolution of marriage by impromptu ways illegal by

the male partner–all these came to create conditions usually unbearable for women.

With growth in consciousness that accretions had occurred in Islamic teachings,

Muslim women, even before the creation of Pakistan as an independent state, made

efforts to rectify the situation. In the independent Pakistan, several measures were

suggested for rectification. However, such reform efforts proved fruitless under

democratic regimes (1947-58) because of pressure on such regimes from social

meliue often claiming to be based on Islamic ethos. On the other hand, two important

measues namely, changes in Muslim Family Laws in favour of women, and reserved

seats for women’s increased political representation in policymaking institutions,

were affected under military regimes of Ayub Khan and Pervez Mushararaf,

respectively.

v

List of Tables

Table

No.

Table Title Page

No.

1.1 Periods of Democratic and Non-Democratic Regime Types in Pakistan 19

3.1 List of Major Respected Muslim Aqwam 56

3.2 List of Other Aqwam Mainly of Indian Origin converted to Islam at

one or other time.

56

3.3 List of Aqwam, often Muslims, considered Kammins (Menials)

usually on the basis of low occupation

57

7.1 Women’s Reserved Seats at Various Legislative Levels in Government

of India Act, 1935

146

7.2 Territorial Allocation of Women’s Seats in Legislature 149

7.3 No. of Women Legislators in Pakistan from 1947 to date 150

7.4 Seats Reserved for Women in 1962 Constitution 153

7.4.1 Process of Election of Women on Reserved Seats in 1962 General

Elections

154

7.5 Province-wise Women Legislators on Reserved Seats During Two

Tenures of National Assembly 1962-64 & 1965-69

156

7.6 Province-wise Apportionment of National Assembly Seats (with

Reserved for Women) Under Yahya Khan Legal Framework

Order,1970

159

7.6.1 Number of Seats in Various Provinces according to Legal Framework

Order, 1970 with Seats Reserved for Women

160

7.6.2 Province-wise Participation of Women on General Seats in 1970

Elections.

161

7.7 Province-wise Seats in the Federal Legislature in 1972 163

7.8 Province-wise Reserved Seats for Women in National Assembly, 1985

Amendments

168

7.8.1 Province-wise 1985 Elections Contest Process for Women’s Reserved

Seats in National Assembly

169

7.8.2 Province-wise Winners on Reserved Seats, National Assembly 1985 169

7.8.3 Number of Seats for Provincial Assemblies 170

7.8.4 List of Successful Candidates on Women’s Reserved Seats, Punjab

Provincial Assembly 1985

170

7.8.5 List of Successful Candidates to the Seats Reserved for Women in

Provincial Assembly of Sindh

171

7.8.6 List of The Returned Candidates to the Seats Reserved for Women in

Provincial Assembly of NWFP (now Khyber Pakhtunkhwa)

171

7.8.7 List of The Returned Candidates to the Seats Reserved for women in

Provincial Assembly of Baluchistan

172

vi

7.9 Province-wise 1988 Elections Contest Process for Women’s Reserved


172

7.9.1 Province-wise Women on Reserved Seats in National Assembly 1988 173


Provincial Assembly of Punjab

173



174

7.9.4 List of The Returned candidates to the Seats Reserved for women in

Provincial Assembly of NWFP(now Khyber Paktunkhwa)

174

7.9.5 List of The Returned candidates to the Seats Reserved for women in

Provincial Assembly of Baluchistan

175

7.10 Winners Contesting on General Seats in Three Elections: 1990, 1993

&1997 170

175

7.11 Musharraf Regime: Seats reserved for women at local level in Pakistan 180

7.11.1 Number of Women Elected at Various tiers of Local Government

through Reserved Seats in Pakistan

181

7.12 Province wise Enhancement of Seats in National Legislature (With

Enhancement in Women’s Reserved Seats)

182

7.12.1 Enhancement of Seats in Provincial Legislature (With Enhancement in

Women’s Reserved Seats)

183

7.13 Party-wise Position of nominated/elected women on Reserved Seats in

National Assembly

183

7.13.1 Nature of Women MNAs’ Intervention in National Assembly 2002-

2007

185

7.13.2 Women’s Intervention in Major Categories of Law Making during

2002-2007

185

7.14 Party-wise Position on Seats Reserved for Women, National Assembly

2008

187

7.14.1 Party-wise Position of Nominated/Elected Women on Reserved Seats

in Provinical Assemblies 2008

188

7.14.2 Comparison of Male/Female MNAs Moving PMBs under Major

Categories of Bills

189

7.15 Party wise Allocation of Tickets to Women for Contest on General

Seats in 2013 Elections

194

vii

Abbreviations/Acronyms

AJIP Awami Jamhuri Itehad Pakistan

AJPP Awami Justice Party Pakistan

ANP Awami National Party

BDs Basic Democrats

BPC Basic Principles Committee

BTI Board of Talimaat-i-Islamia

CAP Constituent Assembly of Pakistan

CEDAW Convention on the Elimination of All forms of

Discrimination Against Women

CMT Critical Mass Theory

CSP Civil Service of Pakistan

EBDO Elected Bodies Disqualifications Order

ICS Indian Civil Service

IJI Islami Jamoori Ittihad

JI Jamaat-e-Islami Pakistan

JUI (F) Jamiat Ulema-e-Islam (F)

KPK Khyber Pakhtunkhwa

MEC Mohammadan Education Conference

MFLO Muslim Family Law Ordinance

MNA Member in National Assembly

MQM Muttahida Qaumi Movement

MNG Muslim National Guards

MP Masawat Party

MWM Majlis- e-Wahadal Muslimeen

NA National Assembly

NCSW National Commission on the Status of Women

NP National Party

NPP National Peoples Party (Pakistan)

PAP Pakistan Aman Party

PCO Provisional Constitution Order

PCP Pakistan Conservative Party

viii

PGP Pakistan Gharib Party

PJP Pakistan Justice Party

PMAP Pakhtunkhwa Milli Awami Party

PMB Private Member Bill

PML Pakistan Muslim League

PML(F) Pakistan Muslim League (F)

PML(J) Pakistan Muslim League (J)

PML(N) Pakistan Muslim League (N)

PML(Q) Pakistan Muslim League (Q)

PPPP Pakistan People's Party Parliamentarians

PP-SB Peoples Party- Shaheed Bhutto

PR Political Representation

PSP Pakistan Seraiki Party

PTI Pakistan Tehreek-e-Insaf

QAT Qaumi Awami Tehreek

QWP Qaumi Watan Party

RP Reform party

STPP Sindh Taraqi Pasand Party

UNDHR United Nations Declaration for Human Rights

UNO United Nations Organization

UP United Provinces

WRM Women’s Reform Movement

YMCA Young Men’s Christian Association

ix

Table of Contents Acknowledgement ...................................................................................................................... i

Abstract ..................................................................................................................................... iv

List of Tables ............................................................................................................................. v

Abbreviations/Acronyms ......................................................................................................... vii

Chapter 1 ........................................................................................................................ 1

Introduction .................................................................................................................... 1

1.1 Statement of the Problem ..................................................................................................... 1

1.2 Research Question ............................................................................................................... 2

1.3 Significance of the Study ..................................................................................................... 3

1.4 Assumptions of the Study .................................................................................................... 3

1.5 Objectives of the Study ........................................................................................................ 3

1.6 Scope of the Study ............................................................................................................... 4

1.7 Methodology and Sources .................................................................................................... 4

1.8 Conceptual Framework ........................................................................................................ 5

1.9 Regime Types .................................................................................................................... 15

1.9.1 Regime Types in Pakistan ........................................................................................... 19

Chapter 2 ...................................................................................................................... 25

The Place of Woman: The Qur’anic Teachings and their Later Juristic Accretions ..... 25

2.1 Place of Women in Quranic Teachings .............................................................................. 25

2.1.1 Girl-Child’s Rights.................................................................................................... 25

2.1.2 Spiritual Parity between Men and Women ................................................................. 27

2.1.3 Heterogeneous Duties of Males and Females ............................................................. 30

2.1.4 Sanctimonious Nature of Matrimonial Affairs ........................................................... 32

2.1.5 A Blend of Rights and Responsibilities – Husband and Wife .................................... 34

2.1.6 Divorce ........................................................................................................................ 36

2.1.7 Polygamy .................................................................................................................... 42

2.1.8 Place of Mother ........................................................................................................... 44

2.2 Development of Variety of Codes: Their Effect on Women’s Status ................................ 45

Chapter 3 ...................................................................................................................... 54

Muslim Women’s Plight in the Indo-Pak Subcontinent around Mid-Eighteen Century 54

x

3.1 Status of Women in Hindu Culture: Its effect on Muslims ................................................ 54

3.2 Tribal/Clanish Caste System .............................................................................................. 56

3.3 Depiction of Muslim Women’s Plight in Popular Literature ............................................. 60

3.4 Ethnographic Evidance of Muslim Women’s Plight ......................................................... 66

Chapter 4 ...................................................................................................................... 73

Colonial Rule and Muslim Women: Raising Conciousness of the Situation, Degrading

their Islamic Legal Status ............................................................................................. 73

4.1 Muslim Historical Legacy .................................................................................................. 73

4.2 Legacy of Muslim Hisotry in the Indo-Pak Subcontinent ................................................. 74

4.3 Legacy under Colonial Rule .............................................................................................. 74

4.3.1 Loosening of Practice of Seclusion and Veiling among Muslim Women .................. 75

4.3.2 Legislation Regarding Women ................................................................................... 80

4.3.4 Mobilization of Muslim Women during Pakistan Movement .................................... 84

Chapter 5 ...................................................................................................................... 93

Post Independence Women’s Status Reform Efforts: Socio-Political Debate/Constraints

...................................................................................................................................... 93

5.1 Liberal Thinking among Muslims in Pakistan ................................................................... 93

5.2 Resistance to Liberal Thinking .......................................................................................... 97

5.3 An opportunity for Effective Advocacy of Women Status Reform ................................. 102

5.4 Appointment of Marriage Commission ........................................................................... 103

5.5 Attack on Marriage Commision Report ........................................................................... 108

Chapter 6 .................................................................................................................... 113

Women’s Substantive Representation I: Muslim Family Laws Ordinance 1961 ......... 113

6.1 Pre-Ayub Regime............................................................................................................. 113

6.2 The Ayub Khan Regime .................................................................................................. 114

6.2.1 Constitutional ‘Autarky’ ........................................................................................... 115

6.3 Towards Muslim Family Laws Ordinance 1961 .............................................................. 121

6.4 Muslim Family Laws Ordinance 1961............................................................................. 126

6.4.1 Marriage Registration ............................................................................................... 127

xi

6.4.2 Polygamy .................................................................................................................. 128

6.4.3 Divorce ...................................................................................................................... 129

6.4.4 Succession ................................................................................................................. 130

6.5 Assessment of the 1961 Ordinance .................................................................................. 131

6.6 Post – 1961 Opposition to the Ordinance ........................................................................ 135

6.7 The 1972 Muslim Family Laws (Repeal) Bill and Its Rejection ..................................... 142

Chapter 7 .................................................................................................................... 145

Women’s Substantive Representation II: Reservation of Seats in the Legislature ....... 145

7.1 Early Struggle for Women’s Reserved Seats ................................................................... 146

7.2 Post-Independnce Struggle for Reserved Seats ............................................................... 148

7.3 Reserved Seats under Ayub Khan .................................................................................... 154

7.4 Reservation of Women’s Seats under Legal Framework Order, 1970 ............................ 159

7.5 Reserved Seats under Pakistan People’s Party ................................................................ 163

7.6 Seats Reseved for women Enhanced under Zia-ul-Haq ................................................... 168

7.7 1988 Elections to Reserved Seats for Women ................................................................. 173

7.8 Musharraf Regime: Substantial Increase in Reserved Seats for Women ......................... 179

7.8.1 Local Level Quotas in Pakistan ................................................................................ 180

7.8.2 Musharraf Regime: Enhancement of Women’s Reserved Seats in Legislatures ...... 182

7.8.3 Enhancement of Women’s Reserved Seats in the Provincial Legislatures ............. 184

7.9 Electoral Periods and Performance of Women since Enhancement of Reserved Seats the

Election .................................................................................................................................. 184

7.10 The Electoral Period 2008-2013 and Women on Reserved Seats .................................. 189

7.11 Impact of Increase in Women’s Reserved Seats ........................................................... 194

Conclusion .................................................................................................................. 198

References .................................................................................................................. 201

APPENDICES ............................................................................................................ 217

1

Chapter 1

Introduction

1.1 Statement of the Problem

In the study of politics there is an old and basic question who governs? Over

several centuries and several civilizations the belief has grown that a government is

better if it takes into account the will of those who are governed. This sort of thinking

has worked itself by now into a system or method of politics called democracy.

Etymologically, derived from its Greek roots, in English, democracy means rule of

the masses, rule of the people. While Greek invented the term, it has taken many

centuries to have come into practice whereby all people, at least in theory, came to

participate in public decisions, decisions that affect their lives. Ideally, people will

participate each time a decision is needed for a common problem. This would be

direct democracy while such should be possible in units with small number of people,

it is difficult in the situation of large numbers to come together and make decisions.

To solve the theoretical and practical problems connected with decision making on a

common problem, a system of representation was evolved. Under such system, a

defined number of people send their representatives to represent them in an assembly

of persons whose decisions are taken to be binding on all those who do send their

representatives. This is called indirect democracy, representative democracy.1

Historically, representation has had several modes, namely descriptive

representation, symbolic representation, substantive representation. Overtime, all such

terms have acquired their meanings. Debate continues as to the exact meanings of

1 John Stuart Mill, (1861), Considerations on Representative Government. (London: Parker, Son, and

Bourn)

2

these terms.2 Also, over time, right of more and more people, was recognized through

their representatives, to participate in decisions common among and applicable to,

various persons/groups in the larger society. By the end of the 19th century, a large

number of European countries and their off shoots in other contentinent had come to

adopted political system where in a large number of people were enfrachised to send

their representatives. Women were not still enfranchised and they had to fight for

exercise of their vote. It took a long time to recognize women’s right by those

enjoying control of government. The foundation of the United Nations Organization

(UNO) and United Nations Declaration of Human Rights (UNDHR) supplied an

institutional and ideological platform that pronounced the rights of all to participate in

decision making in public/common affairs and also advocated an effective

implementation of such rights. Whenever there was need to advocate enjoyment of

the right to participate the UNO and its relevant agencies undertook that task.

Also have been active large numbers of persons/groups and institutions in

advancing the right of those who have not been, or inadequately, represented,

particularly women. In regard to theories of representation, there are two major

notions: that institutionally functioning democratic regimes substantively represent

women. This is particularly true of politics in the western capitalist countries. The

other view, based on empirical findings, holds that non-democratic regimes may also

promote substantive interests of women reserved quota.

1.2 Research Question

The present study is concerned with the problem of substantive representation

of women in the case of Pakistan. Was it a regime coming to power through electoral

processes (i.e. a democratic regime) that successfully introduced certain important

2 Hanna Pitkin, (1967), The Concept of Representation. (Berkeley CA: University of California Press)

3

reform policies in favour of women, or regimes coming to power and/or sustaining

exercise of power primarily on the bases of processes other than electoral ones, i.e.

non-democratic regime?

1.3 Significance of the Study

Pakistan is a developing country wherein women play a great part, whether it

is the traditional agriculture sector, or the increasingly modern urban sector. In the

case of Pakistan, women also played crucial role in the final years of struggle for

freedom from colonial rule. Pakistan is a Muslim country where women have

traditionally been minimally exposed to public affairs. Given the exigencies of

modern gadgets of economic and social life, it is important that participation of

women in public life be promoted and serious thought be given to it.

1.4 Assumptions of the Study

The fact that Pakistan belongs to a living civilization claiming to follow a living

book, i.e. the Holy Quran for its guidance and aspiring to benefit from modern ways

of social and political organizations,

1.5 Objectives of the Study

This study has following objectives in view:

1. To document and discuss the original teachings in the book claimed and

believed by majority of people in Pakistan to be a revealed book, i.e. the Holy

Quran, with particular reference to the subject of women.

2. Discuss the development of teachings of the book in time and space and

noting/pointing out certain differences of interpretation and emphases

regarding status of women.

4

3. Analyzing development/solidification of customs and possible

distortions/neglect of original teachings of the Qur’an and connection of such

process to hurdle/hindrances involved in taking up modern social and

economic practices.

4. Studying the substantive representation i.e. taking measures envisaged to be in

favour of and policy responsive to women, mainly on the subjects of Muslim

family laws and women’s representation in public decision-making

institutions.

1.6 Scope of the Study

Study of substantive representation of women with reference to socio-political

restraints on policy initiatives in favour of women is a big task. The study is limited to

very vital and vaxing issues, namely Muslim family laws and representation of

women in legislative bodies. Substantive representation in the case of first named

issue happened under government of General Muhammad Ayub Khan. In the case of

second issue, it was General Pervaiz Musharraf raised women’s seats in the national

and provincial legislative bodies as well as at the local level in 2001.

1.7 Methodology and Sources

This is a qualitative study using archival/ historical material. Secondary

material has been located and studied to achieve the objectives. Sources include study

of Qur’anic texts, selected material on Muslim conquests and intermingling of Arab-

Islamic culture and local customs and beliefs. In the case of Muslims in Indo-Pak

Subcontinent, Hindu-Muslim interaction with the layer of British colonial rule has

been studied. In the case of post independence Pakistan government documents and

books and articles have been studied. This has been supplemented with semi-

5

structured interviews of 28 women, mostly involved in politics. The interview

material helped to explain certain aspects of reserved seats and women’s

representation. Framework is based on ample theoretical work, which already exists

on the subject of substantive representation. The study will focus on the type of

regime i.e. democratic/elected or non-democratic/authoritarian that was able to

confront socio-political constraints on policy initiatives meant for women’s interest.

1.8 Conceptual Framework

A conceptual framework dealing with substantive representation of women

must have reference to Feminist movement in the western democracies, especially in

the United State of America. This movement developed various stances overtime. In

particular, the movement is usually divided into three waves. First-wave feminism

lasted during the nineteenth century and early twentieth century, mainly in Britain and

America. Its focus was on the promotion of equal contract and property rights for

women. There was opposition to chattel marriage and ownership of married women

(and their children) by their husbands. By the end of the nineteenth century, feminists

gave importance to gaining political power, particularly the right of women’s

suffrage. American first-wave feminism is considered to have ended with the passage

of the Nineteenth Amendment to the United States Constitution (1919), granting

women the right to vote in all states.

Second-wave feminism refers to the period of activity in the early 1960s,

lasting through the late 1980s. In a sense, it was a continuation of the earlier phase of

feminism involving the suffragettes, but it concerned with other issues of equality,

such as ending discrimination. Second-wave feminists saw women’s cultural and

political inequalities as inextricably linked and encouraged women to understand

6

aspects of their personal lives as deeply politicized and as reflecting sexist power

structures. It was emphasised that women have experiences different from men and

that commonality constitute their common interests. The third-wave feminism sought

to challenge or avoid what it deems the second wave’s essentialist definitions of

femininity, which (according to them) over-emphasized the experiences of upper

middle-class white women.3

In general, feminism has altered predominant perspectives in a wide range of

areas within western society, ranging from culture to law. Feminist activists have

campaigned for women’s legal rights (rights of contract, property rights, voting

rights); for women's right to bodily integrity and autonomy, for abortion rights, and

for reproductive rights (including access to contraception and quality prenatal care);

for protection of women and girls from domestic violence, sexual harassment and

rape; for workplace rights, including maternity leave and equal pay; against

misogyny; and against other forms of gender-specific discrimination against women.4

Feminist movement highlighted the problem of women’s representation which

was also joined by academic writers and theorized about a great deal. Early

theorization came from Pitkin (1967) who listed four types of representation:

formalistic, descriptive, symbolic and substantive representation. A formalist

representation in a country means rules for being voter, etc. Descriptive representation

means that those who are chosen to represent have the same/similar characteristics as

those to be represented – similar age group, similar social group, etc. Symbolic

representation refers to whether the representative posseses ideas that the represented

3 C. Krolokke & A. S. Sorensen, (2006), Gender Communication Theories & Analyses: From Silence

to Performance. (Thousand Oaks, Calif: Sage Publications)

4 Ibid.

7

feel right and have positive attitude towards them, giving them symbolic satisfaction.

Substantive representation is understood as policy responsiveness. For example,

women representatives in legislatures are expected to prioritize policy areas of interest

to women, women deemed to have interests different from men. Substantive

representation in Pitkin’s words means acting in the interest of the represented. 5

Theory for women’s substantive representation comes from theory of “Politics

of Presence.” According to Philipps (1995),

“There are particular needs, interests, and concerns that

arise from women’s experiences and these will be

inadequately addressed in a politics that is dominated by

men.” 6

Explaining the Politics of Presence, Phillips underlines that the political

process can never fully be planned in advance, therefore the parliamentarians’

personal experience will always affect their political work to a smaller or larger

degree. Hence, if a social category such as gender is under-represented, women’s

personal experience will be as well. Therefore, the legislative process will not include

women’s experiences. Women’s representation is thence important for a gender-

balanced representation of personal experiences. According to the feminist literature,

women have certain interests based on their common experiences as women,

formulated by the so called women’s interests.7

Phillips’ theory is based on discourse of women’s interests. These interests are

not genetically associated to women, but rather the outcome of shared experiences of,

5 Pitkin, op.cit. 6 Anne Phillips, (1995), The Politics of Presence. (Oxford: Oxford University Press) 7 Ibid.

8

for instances, care responsibilities, both in the public and the private sphere, and

gender-related discrimination. Due to the fact that most women share the experiences

contributing to the interests of women, the political work of most women

representatives will be affected by women’s interests. Furthermore, it is believed to be

in the interest of women representatives to contribute to the creation of policies which

strengthen women’s autonomy.8 Therefore Phillips’ theory and women’s interests are

important for understanding why women and men representatives are considered to be

different from each other.

There are largely two sides to the debate regarding women's interests. On one

side are those who argue that all women have universal interests. This camp assumes

that all women will have shared interests based on their gendered identities. It is

largely led by western feminists, who attempted to unite women based on their

subordination under the gender division of labour, and exclusion from the public

sphere. It used the rhetoric of sisterhood to advance the notion that women as a group

have specific interests particular to them. According to this, women were identified as

a unified group, sharing universal interests.

On the other side of the debate are theorists like Alvarez, Dahlerup, Goetz and

Hassim, who debunk such feminism and the idea of women's universal interests.

These theorists contend that women’s interests are influenced by their multiple

identities not only their gendered identity. This school of thought argues that women's

individual interests will differ depending on their other social identities such as race,

class, ethnicity, and ideology. It embraces the diversity of women's multiple identities

and the differing experiences, concerns, and interests that women have based on such

8 Lena Wangnerud, (2000), “Testing the Politics of Presence: Women's Representation in Swedish

Riksdag,” Scandinavian Political Studies, 23(1), pp. 67-91.

9

identities. Alvarez (1990) states the position of those who do not believe in women’s

universal interests:

“When one considers that women span all social

classes, races, ethnicities, religions, nationalities,

political ideologies, and so on, then an infinite array of

interests could be construed as women's interests.

Gender, class, race, ethnicity, sexual preference, and

other social characteristics determine women's social

positioning and shape women's interests.”9

Given this context of women’s multiple identities formulating what is and is

not a women's interest can be difficult. Molyneux (1998) defines women's interests as

“those [interests] arising from the social relations and positioning of the sexes.”10

However, within this broad category of interests, Molyneux offers an analytical

distinction. She differentiates between two types of interests: (a) strategic and (b)

practical. Strategic interests are those interests “involving claims to transform social

relations in order to enhance women's position and to secure a more lasting

repositioning of women within the gender order and within society at large.”11

Practical interests refer to interests “based on the satisfaction of needs arising from

women's placement within the sexual division of labour.”12 Goetz (1997) provides a

definition of practical interests. She states that practical interests are those interests

“which arise from [women’s] lived realities as socially gendered individuals.”13

Essentially, the difference between strategic and practical interests lies in the

transformative nature of the interest: is the interest aimed at transforming gender

9 S. E. Alvarez, (1990), Engendering Democracy in Brazil: Women’s Movements in Transition Politics.

(Princeton: Princeton University Press) p.23. 10 Maxine Molyneux, (1998), “Moblization Without Emancipation? Women’s Interests, the State, and

Revolution in Nicaragua.” Feminist Studies, 11(2), p.231. 11 Ibid. 12 Ibid. 13Ann Marie Goetz, (ed.), (1997), Getting Institutions Right for Women in Development. (London: Zed

Book) p.23.

10

hierarchies overall, or is it focused on meeting women’s needs such as access to land,

water, food, an income?

Such debate relates to the distinction made between descriptive and

substantive representation. Although women’s interests are not the only factor, the

way women’s interests are conceived affects the relationship between descriptive and

substantive representation, namely the notion that descriptive representation

guarantees substantive representation. One can now turn to related literature that

discusses the relationship between women’s political representation and women's

interests, and the meanings and influences it has for women.

The main in women’s political representation in western democracies has been

the proportion of female representatives within the legislature, and the main theory in

gender politics studies has been that of critical mass. Critical mass theory is “the

popular and compelling notion that increasing the numbers of women in politics will

start a chain reaction, leading to a new dynamic favourable to women.”14 This idea

stems from Kanter’s (1977) study on group interaction among corporate saleswomen

and men. Kanter hypothesized that the proportion of women in a group setting

drastically changes the dynamic, thus affecting how those women will behave and

how much influence they will have. Regarding proportion of women, Kanter posited

three groups, namely, skewed, titled and balance. The “skewed” groups with less than

15% of women will be controlled entirely by the male dominants. Under this

condition, the “token” women “are often treated as representatives of their category,

14 Karen Beckwith, Kimberly. Cowell Meyers, (2007), “Sheer Numbers: Critical Representation

Thresholds and Women’s Political Representation”. Perspectives on Politics, 5(3), p.553. Other studies

include Sarah Child and Lena Krook, (2008), “The Critical Mass Theory and Women’s Political

Representation.” Political Studies, 56, pp.725-736, and Jeffery Kunebwa, (2017), “The Critical Mass

Theory and Quota System Debate.” International Journal of Humainties, Social Sciences and

Education, 4,pp.1-10.

11

as symbols rather than individuals.”15 The ensuing increased visibility, polarization,

and feelings of forced assimilation “lead to performance pressures, role entrapment,

and boundary heightening for women,”16 limiting their ability to interact effectively

with the dominant members of the group. Women may downplay their differences

within the group, trying to “blend unnoticeably into the predominant male culture.”17

This behaviour would negatively influence the likelihood of female legislators to

promote women’s interests, which is why many political scientists came to associate

tokenism with an undermining of women’s legitimacy in government. “Token”18 is

often considered a derisive label for female representatives who are only superficially

involved in politics because of their gender, not because of their capabilities as

politicians.

In “tilted” group structures, on the other hand, Kanter’s minority constitutes

more than 15% but less than 35% of the population. In these settings, the minority

members, i.e. women in a legislative body are seen by dominant members as potential

allies and have increased influence. Kanter believes gender “balanced” groups are

where each subgroup represents 40-60%—“culture and interaction”. In balanced

groups women can operate as a driving force for their interests, if indeed they have

interests in common. Kanter’s categories suggest that the proportion of women within

a group has significant implications for women’s behaviour and influence.

Kanter’s study was done in the environment of a corporate entity. Dahlerup’s

application of Kanter’s ideas in corporate environment to political environment

15 Rosabeth Moss. Kanter, (1977), “Some Effects of Proportions on Group Life.” American Journal of

Sociology, 82(5), p.966. 16 Ibid; p.972. 17 Ibid; p.973. 18 “In Kanter’s neutral sense—as women who are considered symbolic due to their small numbers but

are not necessarily marginalized or lacking authenticity. Instead, these women are labeled tokens to

indicate their small numbers and the likelihood that they are associated with their entire gender by

others.”

12

accentrated the importance of critical mass theory. Dehlerup transformed the critical

mass debate in two ways. According to her, there were opportunities for women to

make alliance if and when their number was increased. In this connection, she

overlooked the possibility of increase in diversity among women with increase in their

number. With alliance, in Dahlerup’s view, a small minority could have a chance to

be effective she identified critical mass with 30% representation.

At the same time, Dahlerup argued that effectiveness of change machanisms,

may lie in ‘critical act,’ or measures that change the position of minority and had to

further changes. Such acts could include recruitment of other women, introduction of

quotas for women, etc. Most later researchers reduced Kanter’s three types of

women’s groupings to one and anticipating that increased numbers will facilitate

coalitions among women. Such researchers framed Dahlerup’s work as if she had

made a strong case in favour of critical mass concept.

Contrary to critical mass ideas, Bratton (2005) found “no evidence that women

become more likely to behave distinctively as the legislature becomes more gender

balanced.”19 In fact, women were sometimes more advantaged and likely to pass their

sponsored legislation when they existed in smaller proportions within the legislature.

Crowley (2004) similarly found evidence that women in a smaller minority are more

influential in passing women-friendly legislation than female legislators who are on

the “cusp of becoming non tokens.”20 In their analysis of manifestos published by the

Conservative Party in the UK, Childs, Webb, and Marthaler (2010) agree with the

rejection of critical mass theory on the grounds that “higher numbers of women

representatives do not deliver, in any straightforward fashion, women’s substantive

19 Kathleen A. Bratton, (2005), “Critical Mass Theory Revisited: The Behavior and Success of Token

Women in State Legislatures.” Politics and Gender, 1(1), p.111. 20 Jocelyn Elise. Crowley, (2004), “When Tokens Matter.” Legislative Studies Quarterly, 29(1), p.130.

13

representation.”21 They propose that variables such as party affiliation, newness to the

position, institutional norms, and the external political environment of a country have

a stronger influence on female representatives’ behaviour.

Carroll (2008) similarly states that both institutional and individual-level

factors influence women’s substantive representation. She concluded that, in general,

women seemed “to serve on legislative committees by choice rather than by

marginalization.”22 The personal and political preferences of female legislators also

impacted the degree of women’s substantive representation.

There is acknowledgment among researchers of the substantive representation

that women are not easily categorized; they are a heterogeneous group, composed of

many different female actors whose behaviour is influenced by a variety of variables.

Reingold (2000), for example, states that the presence and degree of the “link between

women’s descriptive and substantive representation can and does vary across

individuals of all sorts, across institutional and cultural contexts, and over time.”23

Thus, there is acknowledgement that women, like all humans, have individual party

affiliations and ideologies, religious views and morals, life experiences and historical

backgrounds that may or may not compel them to act for women. For this reason,

there are some political scientists who discount the value of attempting to categorize

women at all, arguing that “women’s concerns are a priori undefined, context related,

and subject to evolution.”24 And that the effect of individual factors far outweighs any

collective gender identity among women in political office.

21 Sarah Child, Paul Webb, and Sally Marthaler, (2010),“Constituting and Substantively Representing

Women” Politics and Gender, 6(4), p.202. 22 Susan Carroll, (2008), “Committee Assignment: Discrimination or Choice?” in Beth Reingold (ed.),

Legislative Women’s Getting Elected, Getting Ahead. (Boulder, Co: Lynne Rienner Publishers) p. 155. 23 Beth Reingold, (2000), Representing Women. (Chapel Hill: University of North Carolina Press)

p.146. 24 Sarah Child, et al; op. cit; p.202.

14

Others point to the importance of the gendered nature of institutions in

affecting how legislators act. While acknowledging that individual-level influences

such as party identification, ideology, and ethnicity have an effect on the policy

preferences of women, Reingold calls for more study on how institutional factors like

party composition, gender proportions, and procedural norms can affect women’s

behaviour as well. If female politicians are in fact predisposed to act for the benefit of

women, institutional factors could lead to their isolation or marginalization within a

dominant group. Conversely, if women in legislatures are not initially inclined to

acting for women, then these institutions may prompt them to reconsider. These ideas

pose problems for discerning a generalizeable theory: how can we predict when

women legislators will identify strongly as women and act to promote women’s

interests, and when they will feel the need to prove their credibility among men and

thus align with male dominated political norms. Electing more women could help

achieve a critical mass that will then band together to act for women, or it might just

lead to “electing fewer women motivated by the absence of women in politics to ‘act

for’ other women.”25 Electing more women would also increase the diversity among

female representatives, “possibly reducing their ability to cross party, racial, and

economic lines to agree on promoting certain women friendly policies.”26

Franceschet and Piscopo (2008) present their reasoning why political scientists

have had such varied conclusions about the importance of the proportion of women in

politics for encouraging women’s substantive representation. They explain that much

of the research has conflated two very different aspects of “women’s substantive

representation: substantive representation as process and substantive representation as

outcome. Substantive representation as process is when legislators contribute to

25 Beckwith and Cowell Mayers, op. cit; p.554. 26 Ibid.

15

activities on behalf of women”27 and “feminize” the legislative agenda, such as

introducing or sponsoring women’s issues bills or “putting women’s issues on

committee agendas.”28 Substantive representation as outcome, however, occurs when

women directly change policy outcomes and “succeed in adopting women’s rights

laws.”29 The problem, the authors argue, is when researchers only study

representation as process or representation as outcome, that results in variation among

their conclusions about critical mass theory. Studies of legislators’ attitudes and

behaviour often find gender differences in legislatures, while studies “focusing on

outcomes often find that women’s presence has “neither empowered women as

political actors nor dramatically transformed public policy.”30 So, a focus on process

often yields conclusions that are more supportive of critical mass theory than does a

focus on legislative outcomes.

1.9 Regime Types: Democratic, Non-Democratic

In studies of women’s representation it is common to use regime type, i.e. the

level of democracy, as a control variable. Democratic regimes are believed to improve

women’s representation through the open competition and free and fair elections.

It is argued, however, that women’s representation is not favoured by

democracy if cultural, economic and social inequalities are not removed. Furthermore,

Howell (2006) argues that even non-democratic regimes may be able to have high

levels of women’s descriptive representation due to the lack of competition and

absence of free and fair elections. The characteristics of the non-democratic regime

type leave a room of manoeuvre for autocratic leaders to place women in the national

27 Susan Franceschet and Jennifer M. Piscopo, (2008), “Gender Quotas and Women’s Substantive

Representation: Lesson from Argentina.” Politics & Gender , 4(3), p.399. 28 Ibid; p.400. 29 Ibid; p.421. 30 Ibid; p.398.

16

parliament despite lack of support among the population. In non-democratic regime it

is possible for the military leaders to adopt measures favouring women’s

representation and implement such measures efficiently. Hence, it may not be the

democratic regime type as such that contribute to high level of women

representatives.31

For many people, the word democracy has an inherently positive connotation:

whatever things can said to be “democratic” are considered as good. On the other

hand, whatever things are adjudged as “undemocratic”, they are considered as bad. In

reality, this is far from the truth. One may take the example of a university, which is

not a democratic institution, but that does not mean that it is bad or somehow

deficient. Democracy has become a symbolic word and many individuals and

organizations prefer to describe themselves as democratic. What many

individuals/organizations do that they define the term in very different ways. For

example, for those holding communist ideas, democracy signifies collective equality

and not individual freedom. Such countries see themselves as “true” democracies,

which they define as featuring, among other things, full employment, universal

education, and the elimination of economic classes. These societies see democracy in

other countries, particularly the United States or Europe as little more than the

struggle among small elite. Capitalist countries view the communist countries that

usually have single-party control and wherein people lack of civil liberties, as

authoritarian or despotic. Each side is using different criteria to define democracy.

The word democracy is the combination of two Greek words namely, demos

which means “the common people,” and kratos which means “power” or “rule”.

31 Jude Howell, (2006), “Women’s Political Participation in China: In Whose Interests Elections?”

Journal of Contemporary China , 15( 49), pp. 603–619.

17

Democracy in its root meaning is a system in which political power resides with the

people. However,

“There are two major ways in which the people may

exercise power: either directly or indirectly. The

exercise of power typically takes on three aspects:

participation, such as through voting and elections;

competition, such as that between political parties; and

liberty, such as freedom of speech or of assembly.

Democracy, then, can be defined as political power

exercised either directly or indirectly through

participation, competition, and liberty.”32

With a rise in population, direct democracy became infeasible in that it was

almost impossible to gather large populated at one place and seek a decision from

them. It was probably easy to bring people together in tribal units but not in populated

cities/large countries. A means was devised that is now called representative

democracy.

Development of democracy in the west may be conveniently summed up in

Huntington’s (1991) views on the three waves of democratization.33 According to

Huntington, England began to establish the rule of law as early as in the 17th century,

establishing a tradition that placed the king under law (being held accountable to the

parliament). Suffrage as an indication of democratization only began in the 1830s

which did not become universal until 1918. As for the system of holding the

government accountable to the House of Commons, it came about only after repeated

conflicts with the House of Lords in the early 20th century. In the United States where

32 For a classic statement on the subject, see John Stuart Mill 1967, (1861), The Representative

Government. (London: Longmans, Green and Co.) 33 S. Huntington, (1991). The Third Wave: Democratization in the Late Twentieth Century. (Norman:

University of Oklahoma Press.)

18

democratization was somewhat faster, universal franchise as a hallmark of democracy

was not confirmed and implemented until after the passing of Voting Rights Act in

1965.34

Huntington’s analysis of the “second wave” of democratization takes

Germany to have become a nation-state, a modern sovereign state after World War I.

However, the universal suffrage introduced in 1919 was nullified after the Nazi

regime. Re-democratization process in post-war Germany was essentially one to

eradicate all Nazi legacies, instilling a system to prevent a repeat failure of

democracy. Nations which went through the similar “second wave” of

democratization include Greece, Italy, Austria and other European countries. Like

Germany, they only succeeded with a second try, after initially adopting a system of

free elections which ended in failure.35

Huntington’s “third wave” of democratization is said to include the late 1970s

to the early 1980s. During this period, Southern European countries such as Portugal,

Spain and Greece went through the process in the 1970s while a large number of

countries in Latin America did so in the 1980s.

Modern western democracies have developed a host of universally accepted

theories and political tenets, including parliamentary system in place of monarchy,

election in place of hereditary system, decentralization in place of centralization,

multiparty system in place of one-party system, a system of checks and balances in

place of dictatorship, and so on, laying out the theoretical framework and processes

for western democracy.

34 Lin Qian, (n.d.), “From Democratic Theory to Democratic governance Theory: Implications to the

Political Development of the Macao SAR,” Academic Journal of one Country, Two Systems, 2, p.183. 35 Huntington, op.cit.

19

Regimes which are considered as nondemocratic are those in which role of

public in selecting or removing leaders from office is not significant. Political power

lies with a small group of individuals who exercise power over the state. In such

regimes, the leaders have much greater leeway to develop policies that they “dictate”

to the people. This is why the term “dictator” is used for those who impose their

decisions on people.

“Non democratic regimes by their nature are built

around the restriction of individual freedom. At a

minimum, they eliminate people’s right to choose their

own leaders, and they also restrict to varying degrees

other liberties, such as freedom of speech or of

assembly. Nondemocratic regimes’ relationship to

equality is less clear. Some nondemocratic regimes,

such as those under communism, limit individual

freedom in order to produce greater social equality.

Others seek to provide neither freedom nor equality,

existing only to enhance the power of those in

control.”36

1.9.1 Regime Types in Pakistan

Pakistan, in its history of seven decades, has had experience of both types of regimes,

namely, those that came to power through mechanism of electoral process, people

having the right to vote and liberty to form groups/parties and those that came to

power on the basis of military strength and power to rule over people mainly through

such strength.

36 For an excellent discussion of the bewildering varieties of nondemocratic rule, see Juan Linz,(2000),

Totalitarian and Nondemocratic Regimes. (Boulder: Lynne Rienner). This work was originally

published in Fred I. Greenstein and Nelson W. Polsby, (eds.),( 1975), Handbook of Political Science.

(Reading, MA: Addison-Wesley)

20

Table 1.1: Periods of Democratic and Non-Democratic Regime Types in Pakistan

Democratic Regimes Non Democratic Regimes

The Constituent Assembly of Pakistan

(1947-54)

Indirectly elected to frame a constitution and to act

as a legislature.

The Constituent Assembly of Pakistan

(1954-55)

Indirectly elected to frame a constitution and to act

as a legislature.

National Assembly of Pakistan (1956-58)

The Constitutent Assembly converted into National

Assembly.

Elected under Indirect procedure

Ayub Khan imposed Martial Law (1958-62).


Under Ayub Khan’s tutelage and army backing


Under Ayub Khan’s tutelage and army backing

Gen. Yahya Khan imposed Martial Law (1969-

71).

Zulfiqar Ali Bhutto assumed power as Civilian

Martial Law Administrator (1971-72).

21


1973 Constitution came into force

on August 1973.

National Assembly of Pakistan (March to July

1977)

Democratic, chosen under electoral procedure

Gen.Zia ul Haq imposed Martial Law (1977-

85).


Gen. Zia as president with military backing









Gen. Pervaiz Musharraf takes over as a self-

declared Chief Executive/President through a

managed referendum, backed by military

power (1999-2002).


Elected Assembly under the influence of Gen.

Musharraf backed by the army



National Assembly of Pakistan (2013-todate)


Source: Reworked from Hamid Khan(2009), Constitutional and Political History of Pakistan.( Karachi:

Oxford University Press)

22

The first decade i.e. 1947-1958 period, was a democratic one. During this

period, those exercising power over people did so on the basis of some form of

electoral processes whereby people chose their representatives to provincial and

central legislative assemblies.37 Powers exercised by such leaders could be traced to

some act of choice on the part of the people. Then came the Martial Law of 1958. The

1958 martial law came to be replaced by some electoral processes under the 1962

Constitution, without shedding the essential authoritarian nature, that is, Ayub Khan’s

regime continued to derive its power from the military.38

Ayub Khan created a presidential system, with the President wielding

centerlized power and the legislatures (National and Provincial Assemblies) reduced

to debating clubs. Legally Pakistan remained a federal republic, but in reality

decision-making was an exclusive function of the president and his chosen advisors.

Provincial autonomy, for all intents and purposed, was nonexistent. Ayub Khan

created an electoral college (the Basic Democracies Scheme) for the indirect election

of the President and the members of the National and Provincial Assemblies.

Ayub Khan made no efforts to curtail the informal but extremely influential

roles of the military and the civilian bureaucracy. In fact, Ayub Khan expanded the

role of the military and set the precedent for open military intervention into what had

been, at least formally, civilian affairs. Although ushered back to their barracks by the

end of November 1958, the military maintained its importance through Ayub Khan

37 During 1947-58, electoral poltics existed, some elections being direct, other indirect. For example,

the first Constituent Assembly that also acted as legislature was elected directly but before the division

of India into two dominions. The second Constituent Assembly was elected indirectly in 1955. The

provinces of Punjab, Sindh, NWFP (now Khyber Pakhtunkhwa) and East Bengal (East Pakistan) held

their direct elections. The Assembly of West Pakistan in 1956 was formed on the basis of indirect

elections.However, imperfect or indirect the principle of election did exist etween 1947 and 1958. See

Keith B. Callard, (1957), Pakistan: A Political Study. (London: Allen & Unwin) 38Lawrence Ziring, [1971], The Ayub Khan era; politics in Pakistan, 1958-1969. (Syracuse: Syracuse

University Press) passim.

23

and its colleagues during the entire eleven years. In the crisis of 1968-69, military

men again became the men of the hour. In effect, Ayub made manifest the dominant

role of the military and civilian bureaucracy in Pakistan.

Ayub Khan drew his support first and foremost from the military, then from

the civilian bureaucracy, the new industrial/entrepreneurial class, and part of the

traditional rural elite (large landowners in West Pakistan and the middle-class, Basic

Democrat-types in East Pakistan). His opponents included the legal profession( such

as some disenfranchised, if not politically ostracized, former parliamentarians and

other politicians), university students and most of the intellectual community, some

landowners in West Pakistan, an assortment of religious leaders, the urban middle-

class in both wings, and, as evidenced by their street violence, the urban and rural

proletariat. Numerically, Ayub Khan probably had more opponents than supporters at

the end. But it was not numbers that terminated his tenure. It was defection by

members of his support coalition–in particular, the military–that determined the end

of the regime.39

After Ayub Khan’s illness in 1968, consequent loss of control and reassertion

on the part of the vocal politicians, “the generals decide that they had to take over

command of the country to protect their interests.”40

The new martial law of 1969, subsequent elections, politics among regional

leaders, use of force to contain regional centrifugal forces, eventuated in the breakup

of Pakistan and creation of another country, Bangladesh.41 Pakistan’s history since

39 Robert Laporte, Jr.,(1975), Power and Previliege: Influence and decision-Making In Pakistan.(Los

Angeles: University of California Press) pp.63-65. 40 Altaf Gauhar, (1994), Ayub Khan Pakistan’s – First Military Ruler. (Lahore: Sange-e-Meel

Publications) p.125. 41 Rounaq Jahan, (1972), Pakistan: Failure in National Integration. (New York: Columbia University

Press)

24

1972 contains two periods of martial law/military backing of the regime. First period

was that of Zia ul Haq’s martial law that took place in 1977 and effectively ended in

1988, and the second, Pervez Musharraf’s takeover, started in 1999, and effectively

ended in 2008.

The rest of the years could be counted as democratic with two political parties

ruling almost by turns: Benazir Bhutto of Pakistan People’s Party (in 1988) followed

by PML (N’s) Nawaz Sharif (in 1990), followed by Benazir (in 1993), followed by

Nawaz Sharif (in 1997). General Musharraf’s rule (1999-2007) was followed by PPP

government (2008-13) which gave way to PML (N’s) rule in 2013.

Landmark substantive representation of women occurred with Ayub Khan’s

promulgation of Muslim Family Laws Ordinance, 1961 and General Musharraf’s

enhancement of women’s seats in the legislature in 2001. Both the measures were

taken during military regimes. The civilian regimes shied away from such measures.

The governments during 1947-58 came into power through electoral processes but

were reluctant to undertake any substantive measures to alleviate the miserable

condition of women. They were afraid of reaction from traditionalist elements in the

society. Traditionalists are understood to derive their strength from teaching of the

Qur’an. People in Pakistan respond positively to such Islamic symbols and political

reformers have to tread carefully and be sure of meanings. Muslims claim that they

have a revealed book whose teachings are deemed to provide moral foundations to

govern public life. The next chapter, explores important teachings regarding gender in

Islam.

25

Chapter 2

The Place of Woman: The Qur’anic Teachings and Later Juristic

Accretions

The notion of women’s substantive representation in a state like Pakistan is a

complex problem. Pakistan possesses a culture the contours of which have basis in the

Islamic religion. This religion is regarded by Muslims as containing/guiding man’s

whole life from birth till death and even the afterlife. As such, it is difficult to

properly appreciate the notion of women’s status without reference to the teachings of

Islam. Such teachings are contained in the Qur’an, the book believed to have been

revealed to the Prophet of Islam, and the Sunnah, the Prophet’s sayings and actions

during his ministry. A major portion of this chapter is devoted to such teachings. The

chapter also mentions how such teachings were interpreted in various regions that

came to form part of the lands under Muslim rule. Such interpretations were codified

and, over time, came to distort the place that the Qur’an gives to the woman in

society. The Islamic teachings are described in terms of a woman’s life from birth to

onwards and roles in society, particularly role of motherhood.

2.1 Place of Women in Qur’anic Teachings

2.1.1 Girl-Child’s Rights

The Qur’an condemned the practice among pre-Islamic Arabs who hated girls

and, indeed, used often to bury them alive. The practice is pointedly condemned:

“Whenever any of them is given the glad tiding of [the

birth of] a girl, his face darkens with suppressed anger,

avoiding all people because of [alleged] evil of the glad

tiding which he has received, [and debating within

himself:] shall he keep this [child] despite the contempt

26

[which he feels for it]-or shall he bury it in the dust?

Oh, evil indeed is whatever they decide!”42

Asad (1980) comments on the verses explaining that either of the two

alternatives is evil: “to keep the child as an object of perpetual contempt, or to bury it

alive, as was frequently done by the pagan Arabs.”43

Another place where the evil practice of infanticide is condemned is the 81st

chapter of the Qur’an the title of which is: Al-Takwir (Shrouding in Darkness). The

word Al-Takwir introduces “the symbolic image of the Last Hour and, hence, of

man’s resurrection”44 in the cataclysmic conditions (e.g. “when the sun is enveloped

in darkness.”)45 “The girl child that was buried alive is made to ask for what crime she

had been slain.”46 That is, those who committed the crime of slaying new born babies

because they happened to be girls will suffer punishment on the day of rebirth: “none

will be able to divest himself of responsibility for his past deeds.”47

Such verses give fair idea of the dignity of the girl-child in the Qur’anic

teachings. Similarly, teachings of the Prophet Muhammad emphasize the rights of

girl-child. It is reported in his saying: “Whosoever has a daughter and he does not

bury her alive, does not insult her, and does not favour his son over her, God will

enter him into Paradise.”48

42 The Qur’an: 16:58-59 43 Muhammad Asad, (1980),The Message of the Qur’an. (Gibraltar: Dar Al-Andalus) p.403.

http://www.geocities.com/masad02/073.html. 44 Ibid; p.933 45 The Qur’an, 81:1 46 The Qur’an, 81:8-9 47 Muhammad Asad, op. cit; p.933 48 Ahmad Ibn Hanbal quoted in Jamal Badawi, (n.d), The Status of Women in Islam. Retrieved June

30, 2016 from www.islamswomen.com/articles/status_of_women_in_islam.php.

27

2.1.2 Spiritual Parity between Men and Women

The Qur’an everywhere appeals to human capabilities and powers to further

understand the universe, the human life and eventually, the Creator of all. There are

several verses which relate to relationship between man and woman but there is one

verse which elevates such relationship to Sign of God:

“And among His wonders is this: He creates for you

mates from out of your own kind, as that you might

incline towards them, and He engenders love and

tenderness between you: in this, behold, there are

messages indeed for people who understand [undertake

profound thinking.]”49

The Qur’an emphasizes recurrently spiritual parity of a woman with a man

when it says:

“For men who submit themselves wholly to Allah, and

women who submit themselves wholly to Him and men

who believe and women who believe, and men who

obey Allah and women who obey Him, and men who

are truthful and women who are truthful, and men who

are steadfast and women who are steadfast, and men

who are humble and women who are humble, and men

who give alms and women who give alms, and men

who fast and women who fast, and men who guard their

chastity and women who guard their chastity, and men

who remember Allah much and women who remember

Him, Allah has prepared forgiveness and a great

reward.”50

49 The Qur’an, 30:21 50 The Qur’an, 33:35

28

“Allah will turn in mercy to believing men and

believing women; Allah is Most Forgiving, Ever

Merciful.”51

Equal safety is guaranteed to men and women. For example:

“Those who malign believing men and believing

women for that which they have not done, shall bear the

guilt of a calumny and a manifest sin.” 52

“Those who persecute the believing men and believing

women, and then do not repent, will surely suffer the

chastisement of hell, and the chastisement of

burning.”53

Talking of the situation that erupted at Hudaibiyyah,54 it has been stated:

“Had it not been for believing men and believing

women of whom you had no knowledge, who were then

in Mecca, whom you might have trampled down

unknowingly and thus incurred blame on their account,

Allah might have let you fight your way into Mecca; but

He held you back that He might admit into His mercy

whom He will. Had those believing men and believing

women drawn apart from the rest, We would surely

have chastised the disbelievers with grievous

chastisement.”55

Considering women more delicate and more vulnerable than men, women have been

given unique safety:

51 The Qur’an, 33:73. 52 The Qur’an, 33:58. 53 The Qur’an, 85:10. 54 It was almost six years, after the Prophet’s migration from Macca to Madina, that he planned to visit

Macca in a “sacred” month, i.e. a month which according to time-honoured Arabian custom, was a

month of ‘no war.’ A follower, sent as an emissary, was rumoured to have been killed by Meccan

Pagans. The Prophet, instead of fighting, effected a treaty to come back for visit the following year.

The Qur’anic verse says that in the event of war some Muslim men and women would have been killed

unknowing. The verse affirms preciousness of lives of both the sexes. 55 The Qur’an, 48:25.

29

“Those who calumniate chaste, unwary, believing

women are cursed in this world and the hereafter; and

for them is grievous chastisement, on the day when their

tongues and their hands and their feet shall bear witness

against them as to that which they used to do.”56

The amount of reward remains the same at the day judgment for both, i.e. men and

women:

“Of the believers whoso acts righteously, whether male

or female, We will surely grant such a one a pure life;

and We will certainly reward them according to the

measure of the best of their works.”57

“Whoso does good, whether male or female, and is a

believer, these will enter the Garden; they will be

provided therein without measure.”58

“The believers, men and women, are friends one of

another. They enjoin good and forbid evil and observe

Prayer and pay the Zakat, and obey Allah and His

Messenger. It is these on whom Allah will have mercy.

Surely, Allah is Mighty, Wise. Allah has promised the

believers, men and women, Gardens beneath which

rivers flow, wherein they will abide, and delightful

dwelling places in Gardens of Eternity, and the pleasure

of Allah, which is the greatest bounty of all. That is the

supreme triumph.”59

“Their Lord would answer their supplication. I will not

suffer the work of any worker from among you, male or

56 The Qur’an, 24:23-24 57 The Qur’an, 16:97 58 The Qur’an, 40:40 59 The Qur’an, 9:71-72

30

female, to perish. You are spiritually akin one to

another.”60

“O my servants, there is no fear for you this day, nor

shall you grieve. Enter the Garden, you and your mates,

delighted and joyful.”61

“The inmates of heaven will be happily occupied that

day. They and their mates will be under the shades of

Allah’s mercy reclining on raised couches. They will be

provided therein with fruits and whatever else they call

for.”62

“Keep in mind the day when thou wilt see the believing

men and believing women, their light running before

them and on their right hands, and it will be said to

them, ‘Glad tidings for you this day of Orchids below

which rivers stream, wherein you will surrender. That is

the supreme triumph.”63

The Holy Prophet was directed “to look for forgiveness for all believers, women as

well as men.”64

2.1.3 Heterogeneous Duties of Males and Females

The divine scheme is nothing but an embodiment of wisdom in all its facets.

Male and female are spiritually similar to one another and equally receive the

blessings of Allah, but their responsibilities differ in many ways. Keeping in view this

polarity in their functions and duties, there is proportionate variation between the

faculties and capacities of both genders.

60 The Qur’an, 3:195 61 The Qur’an, 43:69-70 62 The Qur’an, 36:56-58 63 The Qur’an, 57:12 64 The Qur’an, 47:19

31

This is made clear in Qur’an as is said:

“Our Lord is He Who has endowed everything with its

appropriate faculties and then guided it to their proper

use.” 65

“God has fashioned mankind according to the nature

designed by Him, there is no altering the creation of

Allah.”66

It is, therefore, unfeasible to mingle up or overlap the nature of men and

women and try to change men into women, or vice versa. Each one of them has a

unique and specific role to perform which if performed in the right spirit, leads to

honour, pleasure, self-satisfaction and beauties of life itself. Same conclusions one

comes across if one tries to compare and contrasts the natural duties and capabilities

of both genders. We come to know that a woman is more suitable for child rearing

duties whereas man is found better fitted in the field scenario. Therefore, we have

many instances in the history where women were entrusted to command in the field

but they only proved successful for a short span of time. It is not a matter of one’s

being superior or inferior in his or her prowess; rather, it is a focal area of natural

endowments which divine forces bestow upon men or women.

The very act of being motherly in child rearing places some restraints which a

man can never be yoked in. But the pride of enjoying the honour of ‘motherhood’

rests with women. Early nurturing of a child rests primarily with mother though the

role of father remains facilitative to mother. Due to this attachment, child develops an

instinctive affiliation with mother more strongly than he or she has with father.

Therefore, minor scolding by the father irks the child more, but the child does not feel


32

offended on any such treatment from mother. The ties that develop between a child

and the mother, is primarily based on tender passions of love than the attachment

between the child and father which thrives on authority and discipline.

Naturally a woman needs a homely environment where she can perform her

primary and social duties being a wife or mother, whereas, man has to earn. His place

or sphere of his activities is normally outdoors. A balanced society caters for a fine

balance between the both. Such systems are based on mutual good will, beneficence

and extend support to sustain an accord and harmony between both genders. Islam

advocates the same society.

2.1.4 Sanctimonious Nature of Matrimonial Affairs

The sole motive of marriage in Islamic system is to seek the pleasure of

Almighty Allah, and, through chaste ways, satisfaction, contentment and reproduction

of human race. For example, among the features of true believers, the safeguarding of

chastity through marriage is emphasized along with regular and firm observance of

rituals, i.e. abstinence from all that is vain, the institution of Zakat and fulfilling all

covenants and being watchful of trusts:

“These are the true heirs who will inherit Paradise, wherein they shall abide.”67

The Holy Prophet has proclaimed in an often quoted statement:

“Conjugal life is our way; he who turns aside from our way is not of us.”

In Western world, chastity, instead of being considered virtue, has tended to

become a slander. Concept of courting and adultery has been on the rise. Extramarital

relations have tended to become accepted ways. This outlook on life has degraded

woman into a mere instrument of sexual pleasure. In Islam, the conjugal and

67 The Qur’an, 23:11-12

33

matrimonial relations between a husband and a wife have an aura or grace and respect

as the Qur’an dictates:

“O YOU who have attained to faith! It is not lawful for

you to [try to] become heirs to your wives [by holding

onto them] against their will; and neither shall you keep

them under constraint with a view to taking away

anything of what you may have given them, unless it be

that they have become guilty, in an obvious manner, of

immoral conduct. And consort with your wives in a

goodly manner; for if you dislike them, it may well be

that you dislike something which God might yet make a

source of abundant good.”68

The essence of the relationship between a husband and wife may be viewed

from the perspective of the Holy Prophet that he stated in the form of a prayer:

“When you come together, supplicate: O Allah, safeguard us against Satan, and keeps

Satan away from such issue as Thou might bestow upon us.”

The Holy Qur’an declares a husband to be cover for his wife, and vice versa.

They are the symbols of safety, respect, dignity, and beauty for each other. In essence

the very institution of marriage is viewed in Islam from a moral and spiritual focus

and it does not focus on simply from an angle of baser elements ala sexual pleasures.

This is rightly highlighted in the following commandments of Qur’an:

“They ask thee, O Prophet, as to consorting with their

wives during their monthly courses. Tell them: it is

harmful, so keep away from them during their monthly

68 The Qur’an, 4:19

34

courses and do not consort with them until they are

clean. But when they have washed themselves clean,

consort with them as Allah has commanded you.

Indeed, Allah loves those who turn to Him constantly,

and Allah loves those who are clean and pure. Your

wives are a tilth for you, so approach your tilth as you

may be minded and lay up a store of good for

yourselves.”69

Chastity and honest ways of life should always be kept in view as the Holy

Qur’an enunciates one of the most important aspects of being righteous: “Lord, grant

us of our spouses and our offspring the delight of our eyes and make us a model for

the righteous.”70

The Holy Prophet has reprimanded: “The most perfect believers are the best in

conduct and best of you are those who are best to their wives.”71

2.1.5 A Blend of Rights and Responsibilities – Husband and Wife

In Islam, marriage is a bond of a civil nature which involves a set of mutual

rights and duties. For its confirmation, it requires the public declaration of the free

consent of the both parties, the approval of the guardians of the bride, according to

some schools of thought, and a settlement of dower by the husband on the wife

proportionate to his means. But dower should not be confused with dowry which is

given to the bride by her parents or guardian. However, it is desirable that guardians

will also act in consonance to the wishes of bride.

69 The Qur’an, 2:223-224. Asad’s translation of the last sentence is: “your wives are your tilth; go,

then, unto your tilth as you desire, but first provide something for your souls.” And he comments: “[A]

spiritual relation between man and woman is postulated as the indispensible basis of sexual relations.”

See The Massage of the Quran, p.49. 70 Ibid; 25:74 71Ahmad Ibn Hanbal quoted in Jamal Badawi, op.cit.

35

Any restrictions to marriage in Islam are clearly undesirable as it is revealed in

the following message:

“Lawful for you are those outside these categories, that

you seek them in marriage, by means of your properties,

safeguarding yourselves against fornication. For the

benefit that you receive from them pay them their

dowers as fixed, and there will be no sin upon you in

respect of anything that you may agree upon mutually

after the fixing of the dower. Surely, Allah is all

knowing, wise.”72

Men are to take full care of the women ___physical protection and maintenance.

“Men shall take full care of women with the bounties

which God has bestowed more abundantly on the

former than on the latter, and with what they may spend

out of their possessions. And the righteous women are

the truly devout ones, who guard the intimacy which

God has [ordained to be] guarded.

And as for those women whose ill-will you have reason

to fear, admonish them [first]; then leave them alone in

bed; then beat them; and if thereupon they pay you

heed, do not seek to harm them. Behold, God is indeed

most high, great!” 73

If mutual efforts to continue living a peaceful conjugal life fail, they may ask

some counsellor to intervene for reconciliation as had been instructed:

72 The Qur’an, 4:25 73 The Qur’an, 4:34, trans., Asad, op.cit; pp.109-110.

36

“And if you have reason to fear that a breach might

occur between a [married] couple, appoint an arbiter

from among his people and an arbiter from among her

people; if they both want to set things aright, God may

bring about their reconciliation. Behold, God is indeed

all-knowing, aware.”74

“And if a woman has reason to fear ill-treatment from

her husband, or that he might turn away from her, it

shall not be wrong for the two to set things peacefully to

rights between themselves: for peace is best, and

selfishness is ever-present in human souls. But if you do

good and are conscious of Him - behold, God is indeed

aware of all that you do.”75

2.1.6 Divorce

If all efforts to have peace fail and, seemingly, there is no option left but to

divorce, even then Islam does not view divorce with approval. The Holy Prophet

made it clear: Of that which is allowed, the most abhorring act, in the eyes of Allah, is

divorce.

Divorce may be sought by the husband or by the wife; from husband’s side it

may be taken up when differences appear and, harmony fails, the husband declares to

be away from his wife. The situation however, must be settled within four months:

“For those who vow abstinence from their wives, the

maximum period for making up their minds is four

months; then if they revert towards conciliation, surely

Allah is Most Forgiving, Ever Merciful; and if they


37

decide upon divorce, Allah is All-Hearing, All-

Knowing.”76

A complete code on how to adopt divorce exists. These regulations stand to

ensure that divorce should not be sought as a fun or under an impulse, anger or

emotional overtones. It should be a well thought over act settled after a careful

thinking of the consequences, both for the parties and the children, if there are any.

With this end in view, the conduct is to be well deliberated so that the parties may

have chance to reflect dispassionately and also muse over any chances of making

peace, before the divorce becomes irreversible:

“Revocable divorce can only be pronounced twice;

where after there should be reconciliation in approved

form, or final separation with beneficence. it is not

lawful for you to take away anything of that which you

have given your wives; unless it should be a case in

which the wife insists upon separation without any

default on the part of the husband and they are afraid

that they would not be able to observe the limits

prescribed by Allah, if they were to continue their

association. In such case there will be no sin on either of

them in respect of that which the wife may surrender by

way of compromise. These are the limits prescribed by

Allah, so transgress them not; whoso transgresses the

limits prescribed by Allah, it is they that are the

wrongdoer.”77

There is another restriction to control hasty decision to go for divorce in the

following words:

76 The Qur’an, 2:226-227 77 The Qur’an, 2:229

38

“Should the husband divorce the wife a third time, the

divorce would become irrevocable, and she would not

be lawful for him thereafter, except in case she should

marry another husband and he too should happen to

divorce her, or should die. In such contingency, it would

be no sin for them to return to each other, provided they

are sure that they would now be able to observe the

limits prescribed by Allah. These are the limits

prescribed by Allah which He makes clear to the people

who possess knowledge.”78

“In the case of a revocable divorce, when the end of the

appointed period of waiting approaches, there should be

reconciliation in approved form, or final separation in

approved form; but do not hold back such women to

impose hardship upon them. Whoso does that, surely

wrongs his own self. Do not bring the commandments

of Allah into contempt, and keep in mind the favour that

Allah has bestowed upon you and that which He has

sent down to you of the Book and Wisdom, whereby He

exhorts you. Be mindful of your duty to Allah and be

sure that Allah knows all things well.”79

“When you divorce your wives and they reach the end

of their waiting period, and the divorce becomes

irrevocable, do not hinder them from marrying their

chosen husbands, if they agree between themselves in

an approved manner. This is an admonition for every

one of you who believes in Allah and the Last Day. It is

most blessed for you and purest. Allah knows and you

know not.”80

78 The Qur’an, 2:230 79 The Qur’an, 2:231 80 The Qur’an, 2:232

39

“Divorced women shall wait, concerning themselves,

for the space of three courses. It is not lawful for them

to conceal what Allah may have created in their wombs,

if they believe in Allah and the Last Day. If their

husbands should desire reconciliation during this

period, they would have the stronger right to the

continuation of the marriage than that it should be

irrevocably dissolved.”81

“There shall be no blame on you in hinting at a proposal

of marriage to divorced or widowed women, or in

contemplating the possibility in your minds. Allah

knows that you will think of them in that connection;

but do not enter into any secret engagement with them,

beyond conveying some indication to them of your

inclination. Do not, however, resolve on the marriage

tie until after the expiry of the period of waiting. Be

sure Allah knows what is in your minds, so be mindful

of Him. Know also that Allah is Most Forgiving,

Forbearing.”82

“Those of you who die leaving behind surviving

widows, the legacy for their widows would be provision

for a year without being turned out of the marital home.

Should they depart there from on their own, after the

expiry of the period of waiting, there shall be no blame

upon you with regard to any proper thing which they do

concerning themselves. Allah is Mighty, Wise.”83 “For

divorced women also there shall be provision according

to what is fair. This is an obligation binding on the

righteous.”84

81 The Qur’an, 2:228 82 The Qur’an, 2:235 83 The Qur’an, 2:240 84 The Qur’an, 2:241

40

“It will be no sin for you, if need arises, to divorce

women whom you have not touched and for whom no

definite dower has been fixed. In such case, make

provision for them—an affluent one according to his

means, and a poor one according to his means—a

provision in a becoming manner. This is an obligation

binding upon the virtuous.”85

“If you divorce them before you have touched them, but

you have fixed a dower for them, then make over to

them half of that which you have fixed, unless they

should remit it or the guardian for the marriage should

remit it, or unless the husband should voluntarily decide

to pay a sum in excess of the half. That she should remit

or you should pay a larger sum, as the case may be,

would be closer to righteousness. Do not neglect any

chance of behaving benevolently towards each other.

Surely, Allah sees what you do.”86

“In cases of divorce, mothers shall give suck to their

infants for two whole years, where it is desired to

complete the suckling, and the father of the child shall

be responsible for the maintenance of the mother during

that period according to usage. No one shall be

burdened beyond his capacity. No mother shall be made

to suffer on account of her child, and no father shall be

made to suffer on account of his child; and the same is

the obligation of the heir. If the parents should agree by

mutual consultation and consent upon weaning the

child, there shall be no blame on them. Should you

desire to engage a wet- nurse for your children, there

shall be no blame on you, provided you hand over what

you have agreed to pay, in a fair manner. Be ever


41

mindful of your duty to Allah, and be sure that Allah

sees what you do.”87

Teachings about divorce are summarized in a chapter of that name, i.e.

Divorce, is produced as Appendix F:

“O Prophet, when you divorce your wives, observe the period

prescribed for making the divorce effective, and reckon the

period, and be mindful of your duty to Allah, your Lord. Turn

them not out of their homes, nor should they depart there

from, during that period, unless they are guilty of manifest

indecency. These are the limits set by Allah. Whoso

transgresses the limits set by Allah wrongs himself. The

waiting period is prescribed as you do not know that Allah

may, during that period, bring about something new.”88

“When they arrive-at the end of the prescribed period then

retain them in a suitable manner, or send them away in a

suitable manner, and appoint two just persons from among

you as witnesses; and bear true witness for the sake of Allah.

This is an admonition for him who believes in Allah and the

Last Day.”89

“The prescribed period for those of your wives who have lost

all expectation of monthly courses, in case of doubt, is three

months, and also in case of those who have not had their

monthly courses. In case of those who are with child, the

prescribed period is until they are delivered.”90

“Lodge them during the prescribed period in the houses

wherein you dwell, according to your means; and harass them

not that you may create hardships for them. If they should be

with child, provide for them until they are delivered. Should

87 The Qur’an, 2:233 88 The Qur’an, 65:1 89 The Qur’an, 65:2 90 The Qur’an, 65:4

42

they give suck to the child for you, pay them their due

recompense, and settle the matter between yourselves

equitably; but if you run into difficulty between yourselves,

then let another woman suckle the child for the father. Let one

who is in easy circumstances spend according to his means,

and let him whose means of subsistence are straitened spend

out of that which Allah has given him. Allah does not require

of any one beyond that which He has bestowed on him. For

those suffering from hardship, Allah will soon bring about

ease.”91

2.1.7 Polygamy

Polygamy in Islam is allowed subject to meeting out just treatment to all the

wives:

“But if you feel you may not be able to deal justly between them, then marry only

one.”92

Adjacent to the above, we come across another vivid commandment:

“You cannot keep perfect balance emotionally between

your wives, however much you desire it, but incline not

wholly towards one, leaving the other in suspense. If

you will maintain accord and are mindful of your duty

to Allah, surely Allah is Most Forgiving, Ever

Merciful.”93

It seems near truth to say that Islamic concept of polygamy carries a lot of

social sagacity and wisdom. It stands out to strike a balance for nurturing highest

moral standards and safeguards purity and chastity of both genders. It works as a

safety valve to regulate moral and cultural standards. There are societies that tried to

91 The Qur’an, 65:6-7 92 The Qur’an, 4:3 93 The Qur’an, 4:129

43

control their people through a rigid system of monogamy, they failed. Their men and

women turned to evil ways in order to defeat the system of monogamy. Such state of

moral turpitude became the cause of degeneration and decay of many nations which

were otherwise strong and mighty. Islam permits a conditional consent for polygamy

so that it does not become another way of satiating bestial needs. In Islam, marriage

remains a sacred and divine institution to regulate the nations.

Monogamy or polygamy both are good if they remain conditioned by moral

restraint. If both lack restraints and regulations, both can be equally bad and

catastrophic. It is the nature of the consortship that raises or lowers it. As the sole

objective of marriage in Islam is to seek the pleasure of Allah, Islam instills a

proportionate development of all faculties and capacities through wise regulation and

conduct.

In the early days of Islam and even during the Islamic wars and crusades there

used to be heavy loss of lives of men whereas women would survive being not

directly exposed in the battlefield. There arose the practical use of the Islamic notion

of polygamy, many retained their virtuous ways of living by going for polygamy as

the ratio of women was comparatively far greater than that of men. Had there been no

polygamy allowed, there may have been innumerable women or men who would have

resorted to adulterous relationships which can be destructive of morals in any nation.

Widows got husbands and orphans did not remain without the shelter of a father.

Polygamy during the wars served as a safeguard to sustain chastity and morality and

honest ways of life.

44

2.1.8 Place of Mother

Islam places parents at the highest pedestal of honour and respect. There are

several verses in the Quran which enjoin respect for parents:

“Now [among the best of righteous deeds which] We

have enjoined upon man [is] goodness towards his

parents;yet [even so,] should they endeavour to make

thee ascribe divinity, side by side with Me, to something

which thy mind cannot accept [as divine], obey them

not: [for] it is unto Me that you all must return,

whereupon I shall make you [truly] understand [the right

and wrong of] all that you were doing [in life].”94

“Thy Lord has commanded that ye worship none but

Him, and has enjoined benevolence towards parents.

Should either or both of them attain old age in thy

lifetime, never say: Ugh; to them, nor chide them, but

always speak gently to them; be humbly tender with

them and pray: Lord, have mercy on them even as they

nurtured me when I was little.”95

“We have enjoined upon man concerning his parents. His

mother bears him in travail after travail and his weaning

takes two years. Be grateful to Me and to thy parents;

unto Me is the final return.”96

“We have enjoined upon man to act benevolently

towards his parents. His mother bears him in pain and

brings him forth in pain; and the bearing of him and his

weaning extends over thirty months....”97

The Holy Prophet’s golden teaching regard mother is:

94 The Qur’an, 29:8 95 The Qur’an, 17:24-25 96 The Qur’an, 31:14 97 The Qur’an, 46:15

45

“Paradise lies at the feet of your mothers.”98

2.2 Development of Variety of Codes: Their Effect on Women’s Status

While the shari’ah is based fundamentally on the Qur'an and the Sunnah, other

principles are also taken into consideration by the religious scholars when seeking to

arrive at conclusions on any given legal point. The consensus (Ijma) of the notables of

the community is a principle that can intervene when the Qur'an and the Sunnah are

silent with regard to a particular problem. Still another principle, that of argument by

analogy (Qiyas), is available when other principles, are silent. These four principles of

jurisprudence came into play as the community expanded outside of its Arabian

homeland and entered into contact with novel situations not mentioned in the Qur'an

nor in the Sunnah but that could be handled by either consensus or analogous

reasoning. The codification of the Law in the eighth and ninth centuries came about

because of a need for manuals and treatises on jurisprudential matters. The various

schools of jurisprudence, which arose in that epoch, were founded by individuals of

independent or personal authority (Ijtihad).

Interpretation of how the principles of jurisprudence applied to particular

questions was not always the same. Their differences, however, were seen in a

positive light, an attitude that banished the possibility of the tyrannical rule of one

school over the whole Muslim world. While there were many schools circulating in

early times, eventually the four great schools of the present day emerged as the

orthodox schools of jurisprudence. They were named after their founders, Abu

Hanifah (d. 767), Malik ibn Anas (d. 795), ash Shafi'i (d. 820), and Ahmad ibn

Hanbal (d. 855) their schools being, respectively, the Hanafi, the Maliki, the Shafi'i,

and the Hanbali. These schools became, in the course of time, characteristic of certain

98Ahmad Ibn Majah quoted in Ibid.

46

regions of the Islamic world, the Hanafi being strong in Turkey and Subcontinent, the

Maliki in North Africa, the Shafi'i in Egypt, while the Hanbali had a limited diffusion

in parts of the Near East and the least number of adherents.99

The four schools recognized one another's orthodoxy; the muftis of each

school gave their formal legal opinion (fatwa) in accordance with the rules of their

schools. The tradition maintains that, since the founders of the schools exercised

absolute authority, this same independent or absolute ijtihad, could not be exercised

by later muftis, who have only a relative ijtihad, the "gate" of ijtihad in an absolute

sense having been closed at the time of the founders of the reigning schools.100

Several reasons have been advanced regarding the difference between the

classical/Qur’anic improvements in the status of women and the later restrictions

imposed on Muslim women in the medieval times. An important reason seems to be

the strong influence of customary laws of the people who became Muslims and

became part of the Muslim civilization. As Islam spread to several lands, there was

some clash between ideas/practices learnt by Muslims through the Qur’anic teachings

and the social customs prevalent among those converting to Islam. Esposito (1976)

99 Jafariyyah is the Shiah school of jurisprudence that was compiled and codified by the sixth Shiah

Imam, Jafar-e-Sadiq (d. 765A.D).It tends to differfrom others school of thought on a number of

questions.

100 As Danner explains: “In nonessential matters, the later muftis are free to pursue a relatively

independent judgment within the framework of their particular school. They cannot now, for example,

re-examine the necessity for observing the Pillars of Religion and thus overturn the traditional practice,

but they can issue fatwas on more peripheral matters.” See Abd-al-Jabbar Danner, (1988), The Islamic

Tradition an Introduction. (Lahore: Institute of Islamic Culture) p.119

47

believes that such cultural adjustments eventually led to the lowering of status in

Muslim thinking as well.101

Esposito particularly refers to veiling practices among women in Syria, Egypt,

Persia and Mesopotamia. Muslim women from Arab lands adopted such veiling “as a

concession to the prevailing custom so that they would not be misunderstood for

women of loose character who remained unveiled.”102 He also says that the custom of

seclusion originally prevalent in Byzantium and Persia, came to be adopted by Arabs

and termed as ‘herem’ or ‘purda.’ The Abbasid court in Baghdad became persianised

and practices relating to seclusion of women became part of Muslim ways of social

life.

The Qur’an does contain a verse wherein the Prophet was asked to advise

those who had accepted Islam that their wives use outer garments when out of home

to save themselves from insulting non-believing molesters.

“O Prophet! Tell thy wives and daughters and the

believing women, that they should cast their outer

garments over their persons (when abroad): That is most

convenient, that they should be known (as such) and not

molested.” 103

The idea was not to restrict liberty but to avoid insult. By medieval time, the verse

became a justification for seclusion of women altogether. Esposito gives Al Tabari’s

commentary on the verse as an example of how the acceptance of social customs of

non-Muslim Baghdad penetrated the Muslim understanding of the Qur’an itself. At-

101 Ibid; p.112. 102 Ibid; p.113. 103 The Qur’an, 33:59

48

Tabari (d.310/923) lived most of his life in Baghdad. His writing reflects his

environment where the veiling of free women as a status symbol came about to

distinguish them from the great number of unveiled slave girls. Tabari's Tafsir

interprets the above verse in the following way:

God says to his Prophet:

“Tell your wives and daughters and the wives of

believers when they go out of doors not to be like

female slaves in their garb, leaving their hair and face

uncovered; but let them down part of their robes that no

miscreant may expose them to harmful comments when

he discovers them to be free women.”104

Practices like veiling and seclusion when became hardened came to be taken as

religious precepts and applied stringently to women in all environments.

Over time, in non-Arab Muslim environment, elaborations by jurists tended to

create problems with regard to status of women. For example, for jurists, licit sexual

relations were all important. Marriage contract was one of equality between two

consenting adults. The question seriously explored related to how to ascertain a

woman’s consent to contract. The following quotation from a jurist’s manual shows

the seriousness of the question:

“If the guardian consults her and she remains silent or

smiles, this constitutes consent, because the Prophet

(upon him be peace and blessings) said, "The virgin is

consulted in [what pertains] to herself; if she remained

104 Esposito, op.cit;p.114.

49

silent, this was her consent.” “And consent is likely the

case because she is embarrassed to demonstrate desire

by replying. And laughter is a stronger sign of consent

than silence, as opposed to if she cried because that is a

sign of unhappiness and abhorrence. And it is said: if

she laughed in derision at what she heard, that is not

consent, and if she cried soundlessly, that is not refusal.

And if this [proposal of marriage] is made by someone

other than her guardian, someone self-appointed or

another delegated to be her guardian, her consent cannot

be ascertained until she voices it, because her silence

might stem from her not attending [carefully] to his

words, and not be a token of her acceptance.”105

In case a father had arranged a marriage when the girl was minor and husband

wanted delivery, a jurist’s manual advises how to determine the age of majority:

If she is plump and buxom and ready for men, and the

stipulated matter has been received promptly, the father

is compelled to give her to her husband, according to

the soundest teaching. The Qadi examines whether she

is [ready] by [asking] whoever raised her and by her

appearance; and if she is suitable for men, he orders her

father to give her to her husband or not. And if there are

none who raised her, then he requests a consultation

from women. And if they say she is ready for men and

can endure intercourse, he instructs the father to give

her to her husband. If they say she is not ready, then he

does not so instruct the father. And God knows best.106

Several historical development affected women’s status in the Muslim society.

In 1544, the Sultan of Ottoman Empire used his discretionary powers as the

105Judith Tucker, (2008), Women, Family, and Gender in Islamic Law. (Cambridge: Cambridge

University Press) p.42. 106 Al-Ramli, Kitab al-Fatawa, 1:29-30. Quoted in Ibid; p.44.

50

interpreter of the Islamic shari’ah and issued a decree which restricted women from

entering into marriage without the consent of their guardians. He ordered that

marriage be accepted as legal only when the consent of the guardian of the bride was

there. However, in spite of the decree, many a woman particularly if they were

already married once, continued to arrange their own marriages. During 17th and 18th

Century in Syria and Palestine, jurists followed the most dominating Hanafi

interpretation which said that an adult woman could not be forced by the guardian nor

was she required to consult the guardian. As a consequence, despite the decree issued

by Sultan of Turkey, the legislators of the Arab lands, Hanafi jurists, always

supported the stance that woman had the right to enter marriage without intervention

from any guardian, etc.

In Several other lands, guardian could give Minor girls into marriage, and

many families in the Ottoman Empire would practice that. The law makers of the time

stressed that such marriages should be completed at proper age. The misuse of various

restrictions relating to girls rights is evidenced from courts’ decisions in favour of

originally minor girls, including the exercise of divorce option on the basis of Khizar

al-Bulugh. That is, the minor girl could ask for divorce, if marriage was contracted by

guardians, when she came to age, and courts allowed that.

17th century Egypt marriage contracts indicate that women demanded a

number of dos and don’ts for marital relationships in deference to social and

economic changes in the society. On the other hand, in Syria and Palestine of 18th

Century, it was rare for any marriage to contain demands. Probably, this was so

because of plurality of the legal school; Hanafi fiqh dominated but Maliki, Shafi’i and

Hanbali also existed. In the words of Tucker (2008):

51

“This Legal pluralism promoted by mutual recognition

among the Sunni schools of law meant that the richness

and diversity of doctrine on stipulations and other issues

were preserved in both regions. It appears likely,

therefore, that local customs rather than doctrinal

difference lay at the root of the divergence in the use of

stipulations in marriage contracts.”107

It has been maintained that by the twentieth-century, residents of the cities and

towns knew what an Islamic marriage contract should have and how a marriage

should be conducted. The great number of suits which came to courts shows that

complainants knew about the rights they had and trusted that courts would protect

them. This was particularly true with regard to dower and maintenance. However,

courts and jurists exercised a fuller control in urban areas. The case was different in

rural areas. There, the jurists did complain that there were extra-judicial and un-

Islamic marriage customs among the farmers. By and large legal doctrines as

elaborated by jurists were in force in the court setting. Tucker sums up:

“There women and men sought to secure their rights

and force others to meet their obligations. There was no

fundamental alteration in the laws on marriage, but

there were discernible accommodations of local custom

and, more significantly for our present concerns,

support of the kind of women’s rights, such as the rights

to make stipulations or collect maintenance, that blunted

the sharp patriarchal edges of Islamic marriage.”108

Tucker does note: “I do not want to leave the impression that all pre-twentieth century

Muslims adhered faithfully to the Islamic marriage.”109 They did not and that was for

107 Ibid; p.63. 108 Ibid; pp. 64-65. 109 Ibid; p.63.

52

two reasons. One, that development of jurisprudence tended to take customs of

previously non-Muslims and non-Arab lands into account. This made them alter the

Qur’anic ideals about the place of women. Secondly, Ottoman Sultan began to select,

at will, the school of thought mainly according to their manly traditions, traditions

that favoured men. This tended to create compromises for women’s rights and status.

Ottoman legislation of 1915 and 1917 took the lead in process of change in Family

Law. It was codified on the juristic basis that the sovereign, as part of his

acknowledged political powers, had the right to define the jurisdiction of the courts.

The sovereign might order courts to apply one among several existing variant

opinions.

In the Ottoman legislation, rules were selected from the whole corpus of

traditional shari’ah doctrine were those regarded most suitable for application in new

circumstances. It involved selection from various schools. It is technically called

Takhayyur. Takhayyur is the process of selection. As an example, one could take

Divorce law. A Hanfi wife could obtain a judicial annulment of her marriage if the

husband had proved totally incapable of consummating it. Also, she could obtain

dissolution on the grounds that her husband had become a missing person. But beyond

that she had no means of freeing herself from a prejudicial union, apart from

negotiating a divorce by mutual agreement. The Malikis allowed a wife to ground a

petition on the husband's cruelty, his refusal or inability to maintain her, his desertion,

or his affliction with some serious ailment which made the continuance of the marital

53

relationship harmful to the wife. In 1917, there was reform in Ottoman law of family

rights. The new law provided for judicial dissolution of marriage in the case of wives

whose husbands were suffering from some serious disease. In this case, Maliki

authority was the basis of the new provisions. Another provision was taken from

Hanbali doctrine. According to that women could seek dissolution if their husbands

had deserted them without providing for their maintenance.

In the Subcontinent, diminution of status of women happened more and more, partly

because of laxity on the part of religious administrators of justice. Situation there

deteriorated greatly by the eighteenth century. This is taken up in the next chapter.

54

Chapter 3

Muslim Women’s Plight in the Indo-Pak Subcontinent around Mid-

Eighteen Century

Women’s social conditions particularly among Muslim population in the Indo-

Pak Subcontinent largely arose out of two sources. An important source was the

development of several schools of jurisprudence, namely, the Hanafi, the Malki, the

Shafi’i and the Hanbali among Sunni Muslims. Shi’i Muslims had their own school

known as Jafaria. Among the Sunni schools, the Hanafi one dominated in the land

which came to be ruled by Turks. The other source was Muslim’s contact with the

Indian culture. Over a number of centuries, more particularly from the early 13th

century onward (by this time, Muslim Turkish rule had been established in India), and

the impact of Bhakti movement both on Hindus and Muslims and spread of teachings

of Guru Nanak and Bhagat Kabir, Muslims came to adopt many of the Hindu notions

and practices. This was in addition to attitudes that came with them by their

conversion to Islam.

3.1 Status of Women in Hindu Culture: Its effect on Muslims

Several negative images about the role and status of women existed there in

the Hindu religion. These images had traditionally been accepted by the local people

before conversion to Islam. After conversion to Islam, these images and beliefs

continued, even to the present-day Pakistan. Hindu religion always described a

woman with disrespectful terms like ‘fickle-minded, sensual, seducer of man; given to

false-hood, trickery, folly, greed, impurity and thoughtless action; root of all evil;

inconsistent and cruel.’ Even while talking of her rightful duties, Hindu religions

mention a woman in subjective terms, i.e. a slave to her father in childhood, to her

55

husband in youth, and to her son if her husband dies. The woman is never

independent or enjoying liberty in such facets of her life. “The widow’s expectation of

immolation on the deceased husband’s pyre was the extreme expression of the notion

that a woman’s worth is nil without her husband.”110

Among converts to Islam, such were the concepts and notions which remained

the basis of pattern of life even after they had converted to Islam. These traditions of

the Hindu majority in undivided India were carried with the change of faith even.

Islam came to Subcontinent in the 8th century but ways of cultural living among

converts tended to remain unchanged. During the extensive period of Muslim rule in

India, a portion of Muslim women from aristocratic classes did have an access to

liberal ways of living but majority of the female side remained as it had been. Islamic

injunctions with respect to the rights of women to education, property, choice of

marital partner, and the likes were neither given a considered thought, nor were

generally permitted.

“Certain other aspects of the religion – for example, the

injunctions regarding veil – were largely accepted and

practiced into the way of life, partly because they were

in sync with the existing belief system. Historically,

exclusion of women and their disapproval to work

outside the home were important standards held by

upper-caste Hindus. Various forms of purdah are still in

practice by Hindu women in present-day India.”111

Though it would be misleading to say that the present-day status of Pakistani

women is purely reflective of historical mindset, yet at the same time the force of

110 Government of India, (1974), “Towards Equality: Report of the Committee on Status of Women.”

(New Delhi: Ministry of Education and Welfare) pp.40-41, quoted in Nasra M.Shah, (ed.),(1986),

Pakistani Women: A Socioeconomic & Demographic Profile. (Islamabad: Pakistan Institute of

Development Economics) p.21. 111 Ibid; p.4.

56

tradition and custom must not be put aside in such deliberations. Papanek (1973)

while discussing the difference in Hindu and Muslim forms of purdah, states: “in the

case of South Asian Muslims, the interaction with Hindu society is a particularly

crucial point to consider.”112

These views are supported by observation of British administrators who

undertook to produce Gazetteers on the districts in various provinces under British

India rule. In the 1902 Gazetteers of Multan District in the province of Punjab, it is

observed:

“Among the Hindus the women enjoy much less

freedom than among the Muhammadans: they do not

walk abroad unveiled, or talk with men in public, and

are not supposed to talk even in-doors with their elder

male relations. Their behaviour is much less open to

comment than that of the Muhammadan women: any

indiscretions which they may be guilty of are hushed

up, and cases of abduction of Hindu women are

exceedingly rare in the law courts.”113

3.2 Tribal/Clanish Caste System

Islamic teachings seem to have faced two important factors in the Indian

environment, namely, the caste system and the geography. The caste system and its

implications created hierarchies in social relations and worth of persons. The

geography of people living in isolated village/hamlets – tended to create tribal

cohesiveness as against other villages. Over time, such tribes came to be known by an

Arabic term Qaum (plural Aqwam). In Arabic, the word means a group of living

112 Hanna Papanek, (1973), “Purdah, Separate Worlds and Symbolic Shelter.” Comparative Studies in

Society and History, 15(3), p.309, quoted in Shah, ibid; p. 21. 113 Edward D. Maclagan and Esquire C. S, (1902), Gazetteer of the Multan District,1901-02.(Punjab

Government Lahore: Civil and Military Gazette Press) p.98.

57

beings, whether humans or birds or anything of the same kind. Individuals in such

groups tend to cohere. The famous English proverb:

“Birds of a feather flock together.”

The term qaum came to be extensively used during Muslim rule in India,

particularly the Mughal rule wherein administrative reports listed all big or small

groups of people claiming common ancestry and usually cohering among themselves

on that basis.

British Administration in India brought Mughal tradition of administrative

reports to perfection and were named Gazetteers. In such gazetteers, various aqwam

and the number of people belonging to them have been thoroughly and carefully

documented. The 1902 report on Multan district lists the following aqwam:

Table 3.1: List of Major Respected Muslim Aqwam

1 Syed 2 Qureshi 3 Pathan

Source: Edward D. Maclagan and Esquire C. S. (1902), Gazetteer of the

Multan District, 1901-02. (Punjab Government Lahore: Civil and Military

Gazette Press) pp.150-66.

Table 3.2: List of Other Aqwam Mainly of Indian Origin Converted to Islam at

One or Other Time.

1 Thahim 21 Metla 41 Dhudhi

2 Traggar 22 Mahota 42 Sandhal

3 Wains 23 Chhajra 43 Wasir

4 Bosan 24 Rans 44 Sargana

5 Khokhar 25 Kalrus 45 Hiraj

6 Marral 26 Hammars 46 Thiraj

7 Nun 27 Khaki 47 Sanpal

8 Drig 28 Jhakkar 48 Dauluana

9 Langha 29 Rid 49 Duana

10 Joya 30 Lang 50 Kamlana

11 Mitrus 31 Ruk 51 Panjuana

58

12 Khichi 32 Pannuhan 52 Sasran

13 Langrial 33 Shaira 53 Daultana

14 Sahu 34 Sial 54 Mirali

15 Khak 35 Jais 55 Panwar

16 Pahor 36 Channar 56 Bhutta

17 Daha 37 Gbballu 57 Kharral

18 Panada 38 Uthera 58 Harrals

19 Kherrra 39 Kanjun 59 Gill

20 Athangals 40 Kuliars

Source: Edward D. Maclagan and Esquire C. S. (1902), Gazetteer of the Multan

District, 1901-02. (Punjab Government Lahore: Civil and Military Gazette Press)

pp.134-141.

Table 3.3: List of Aqwam, often Muslims, Considered Kammins (Menials)

Usually on the Basis of Low Occupation

1 Chuhras 4 Kumhar 7 Mochi

2 Dhobi 5 Lohar 8 Nai

3 Julahae 6 Machhi 9 Tark

Source: Edward D. Maclagan and Esquire C. S. (1902), Gazetteer of the

Multan District, 1901-02. (Punjab Government Lahore: Civil and Military

Gazette Press) p.142.

Caste system extended to all sorts of occupations and people began to be

classified on the basis of respected and least respected occupations. The latter type of

occupation was termed as ‘kammin’, an occupation which did not bring dignity; on

the other hand, such occupations pushed people beneath and to be looked down upon

for having no status in the society. Inter-clannish strifes have continued into present

day Pakistan and one of the reasons of a conflict may be a girl from one tribe

suspected to have relations with a male from other tribe.

One aspect of family life creating problem with respect to status of women

was polygamy among Muslims. A British administrator notes about Multan that there

was not much practice of polygamy in the district, but it was a more common norm in

Multan than in the Punjab proper. The Hindus went for second marriage only when

the first was barren; but among Muhammadans, the phenomenon of second wife was

59

common. It was quite common as far as richer classes were concerned. There were

several instances of very poor men having more than one wife. Going for second

marriage while the first wife was in the house, was not rare in Multan, whereas, in the

centre and East Punjab, this was considered a difficult thing. The bigger men, when

they married two or more wives, often provided them with separate establishments on

separate wells or separate villages, so as to prevent the discord which was apt to ensue

when they were in too close proximity to each other. It is said, however, that co-wives

lived together in greater amity in Multan than is usual elsewhere.114 The Marriage of

widows was common enough among Muhammadans, though discouraged among the

Makhdums and prominent Syed families. Among Hindus it was rare. The marriage

with a deceased husband’s brother was very uncommon in Multan district.

The Muslim females of the district normally enjoyed a liberal status with

regard to shaking hands with men from close relations, greeting them and interacting

with men. However, this was not extended to the females from Sheikhs and Syeds

females. Marriage, too, was attended with few restrictions. The Syeds would not give

their daughters to other tribes, and very few tribes would give their daughter to very

lowest castes, such as Chuhras. Marriage, as a rule, did not take place till the parties

were grown up, and the woman in many cases had a distinct say in the matter. There

was a proverb: “Ghot kwar razi ke karesi Mullan Kazi” (if the bride and bridegroom

want to be married what can the clergyman do but marry them?)115

Where women were married un-happily, or married against their will, there

was a good deal of immorality, and there were always a large crop of abduction cases

before the courts. Under the family life in the district in the nineteenth century, the

114 Ibid. 115 Ibid.

60

young men could meet most of their near relations and cousins, and the marriages

between cousins, especially among the higher classes (where the preservation of the

property in the family was a consideration), was highly common. The marriage of

men of position with women of the most low repute castes, such as the Kanjris, was

also a phenomenon; such unions did not escape a certain stigma which attached to the

offspring also.116

The woman in the household, among both rich and poor, had extensive

authority. It was she whose consent was sought and valued on all occasions, may it be

money matters or matrimonial decisions. She administered the house as regards

kitchen affairs and purchases were concerned. Doing household jobs like grinding the

corn or cooking did not challenge the authority of the woman, in a rich or poor family.

Such duties were rather taken as to consolidate her position. After marriage, a number

of young men would separate from their parents and live in a separate house quite

often at the behest their wives.

3.3 Depiction of Muslim Women’s Plight in Popular Literature

Conditions of women in other regions constituting Pakistan were not

satisfactory and there was need for reform. One reformer appeared in the form of

Waris Shah (1722-1798). He was a Sufi, not carefully-studied and still an unheeded

social thinker of the mid-18th century. He re-wrote an existing Punjab folk lore of

Heer Ranjha to convey his thoughts on several social customs, particularly

emphasizing the various aspects of women’s life. He used a host of characters of the

story to bid his calling. One commentator has summed his achievements:

“These characters were living and acting in real lives all

around him. They were Maoju raising a large family,

116 Ibid.

61

love spoiled Dhido, ever toiling and jealous brothers,

crafty sisters-in-law, stubborn but bribable Mullas of

mosques, carefree citizens, world-wise Ludden - the

boat-businessman, beautiful Heer and her loyal girl-

friends, head of the Sial clan - Chuchak, ever suspicious

trouble stirring Kaido - aloof, afflicted with and

addicted to drugs, Qazi Shams, Mithhi Nain, cows and

cow herds, honour-conscious Sultan - brother of Heer,

street-wise yogis, conspiring and impatient disciples,

probing ayali/herder, arrogant Sehti, Saida Khera and

his father Ajju Khera, Raja Adli and his religious

advisor - another self-righteous qazi, natural world with

all its abundance, shades of superstitions, world of

calamities, angelic five peers/guides, etc. All these

characters were from the masses and masses could

relate to them rather easily. All were afflicted with

instinctive self-centred dark passions of humanity such

as ignorance, greed, envy, deceit, jealousy, hate,

arrogance, cruelty, etc., and at the same time also

carried noble human qualities like love, sympathy,

patience, understanding, wisdom, bravery, etc.

Imbalance between good and evil was always present

and all too real.”117

The result of Waris Shah’s work was that many verses from Heer have

become proverbial words of wisdom. Ordinary people use lines from Heer in their

daily life even today.

The story depicts the social conditions of the area which now constitutes most

of Pakistan and the people that inhabit the area. Among the major social themes the

one that comes first into the story relates to conflicts on property among brothers

117 Muhammad Afzal Shahid, Waris Shah and his Heer. Retrieved on 20 August 2016 from

http://apnaorg.com/research-papers/afzal-shahid/.

http://apnaorg.com/research-papers/afzal-shahid/

62

when one/some of them happen to be greedy and such conflict is fatally inflamed by

wives of such brothers. Waris Shah brings in here the popular views coming from

times immemorial regarding negative conceptions about women. The aggrieved

Ranjha, youngest of several sons of a local chief now dead, distrusts the wives of his

brothers who disposed of his due share in the family lands. Ranjha knows that these

women have no respect for him but they do make a show that they love him as the

youngest of the brothers in the family. When angry, he would try to invoke from the

Holy Qur’an saying like the one that women have been called cheats.118 He would tell

them that the whole world knew tha they were the most quarrelsome women in the

village. He would taunt: “And as for your beauty it is such that your husband need not

fear that any man will want to run away with you.”119

In an encounter, Heer and Ranjha develop liking for each other. Heer talks of

love, but Ranjha repeats his views of womenfolk that the Creator Himself said:

“Verily your deceit was great. Satan is Lord of evil spirits and women. Women falsify

the truth and feel no shame. The word of women, boys, hemp smokers and bhang

smokers cannot be trusted.”120

This time Ranjha gets a fitting repartee from Heer who shows the knowledge

of prevalent views seeming to have basis in religious beliefs and popular history. She

says:

118 The mention of the Holy Qur’an is a reference to the story associated Joseph-Zulikha and is largely

based on hearsay believed to be coming from the revealed books. The story of Joseph and Zulaikha

(wife of an Egyptian nobleman) is narrated both in the Bible and the Qur’an with some difference

between the two narrations. The woman conceived a passion for the young, beautiful Joseph and

sought to make him yield to her. When unsuccessful she implicated Joseph for advances to her. Upon

probe, it was found that it was the woman who took the crafty initiative. The nobleman then said to his

wife; “Behold this is [an instance of] your guile, O womankind! Verily awesome is your guile!”the

Qur’an.12:28. This image of woman entered folklore and women are often taunted with this image,

particularly Muslim women in the Subcontinent. 119 Charles Frederick. Usborne, (tr.), (1976), The Adventures of Hir and Ranjha/[by] Waris Shah.

(London: Owen) p.1. Now available online: www.casas.org.uk/papers/pdfpapers/hir.pdf 120 Ibid; p.11.

63

“Do not upbraid women. None can be so persistent or

steadfast as a woman. For the love of Joseph Zulaikha

renounced her kingdom. For the love of Mahiwal Sohni

was drowned in the river. Is not the love of Laila known

throughout the world and does not the grass grow green

on her tomb to this day? Sassi died a martyr in the

burning sands and Shirin died too for the sake of her

lover, Farhad. Had not prophets and saints mothers that

bore them? Was not Eve Adam’s equal? Men cannot be

as bold as women.”121

A not dissimilar aspect of woman’s character is revealed in the strategy which

Heer’s father adopts to bring back Ranjha who had been earlier dismissed by him. He

comes to the conclusion that no other person can ably tend his buffalo herd than

Ranjha and he wants him back by “hook or crook.”122 He asks his wife: “Go you and

pacify him”. And Heer’s mother adopted her own strategy to make Ranjha come

back:

“Do not fret over much about the quarrel you had with

Chuchak. Parents and children often fall out in such

small matters. Come back and milk our buffaloes and

spread Heer’s couch. Since you have gone she has been

much displeased with us. Only you can pacify her. Our

cattle, our wealth, the Sials and Heer are all yours.”123

People were prone to anger in the matter connected with outgoing behaviour

on the part of young women. Not only father, mother and brothers could be excited.

Also, other persons belonging to the same village would come up with poisonous

allegations regarding Heer’s intimacies with their herdman, Ranjha. Heer’s mother

taunts Heer, saying:

121 Ibid. 122 Ibid; p.14 123 Ibid.

64

“The taunts of the village-folk have consumed us

utterly. Would that no daughter Heer had been born to

me. If you cease not from wickedness your father

Chuchak and your brother Sultan will cut you in

pieces.”124

At the same time, she invokes feelings of parental respects:

“This then is the reward your father and I receive for the

love we have bestowed on our daughter. We thought we

had planted a rose in our garden but it is a prickly thorn.

You visit Ranjha daily in the forest and take him food,

cake and pastry. You heed not what your parents say.

Daughters who are disobedient to their parents are not

daughters but prostitutes.”125

Kaidu, a village do-gooder taunted Heer’s mother:

“For God’s sake get your daughter married. The Qazi

always says; marry a naughty girl as soon as you can.

Or else break her head and cut her into small pieces, as

she is a disgrace to the village. Why do you not plaster

up her mouth, as you plaster up your corn bins?”126

Mithi, the village barber’s wife scolded Heer in the presence of her mother:

“You bad girl, you should be drowned in the deep

stream for causing such a scandal. Grown up daughters

who venture outside their father’s house should be

thrown down the wells. You are so fond of your lover,

Heer, that we shall have to find a husband for you. If

your brother comes to hear of your goings on he will

hurry on your betrothal or he will hack you in pieces

124 Ibid; p.12 125 Ibid. 126 Ibid.

65

with his sword. Why have you cut off the nose of the

family and covered us with disgrace?”127

Another major theme relates to institutions of the mullah/qazi, the

preacher/administrator of Islamic teachings/laws in the society. Waris Shah makes

some of his characters describe the mullah as a person who “behaves like a devil”

sitting in the mosque with the Qur’an in front, yet his mind was bent upon inequality,

leading village women astray, being a bull among cows.

“Mullahs run after women in mosques. They are like

curses clinging to the house of God. They are blind

men, lepers and cripples, always waiting greedily for a

death in the house so that they may take the dead man’s

raiment. They arise at midnight, their fat bellies are

smitten with hunger and they cry for something to eat.

Under the shelter of Holy Writ they curse the living and

when poor wayfarers and strangers come to beg for

succour they cry, begone, begone!”128

Waris Shah vehemently exposes the practice of women’s marriage against

their will. Dialogues between Heer and the qazi bring out the spirit of Islamic

marriage laws and practices carried out by those charged with the administration of

such laws. The qazi read out the preliminaries of Heer’s marriage solemnization to a

person whom she refuses to marry, angrily asking the qazi:

“Why bother your head to pick a quarrel? I do not

intend to turn my face away from Ranjha. What have

Qazis and the ‘Shara’ got to do with True Religion?

There is a big well in Hell into which Qazis will be

thrown by God.”129

127 Ibid. 128 Ibid; p.3. 129 Ibid; p.24.

66

Qazi conspired with Heer’s father and advised:

“You can only gain your object by deceit. The powerful

and mighty have a way of their own. It is only Peers,

Fakirs and Saints who are afraid of using violence. Tell

the bride’s attorney that consent to the marriage must be

wrung from Heer, even against her will. Let us gag her

and read the marriage service.”130

So, the qazi, by guile, against Heer’s will, solemnized the marriage. Heer said

to qazi:

“May the curse of God fall on you and all such rogues

and liars. If you are so anxious to give a bride to the

Kheras, why not give your own daughter to them?

God’s curse on all Qazis and bribe takers.”131

3.4 Ethnographic Evidance of Muslim Women’s Plight

The popular views contained in the story of Heer Ranjha are confirmed by

ethnographic research. Such research confirms that women, particularly in rural areas,

have faced low status and problem connected with rapes, marriages, dowry, and

divorces, etc. With solidification of customs, discrimination against a female comes to

start right from birth. The family is not congratulated at the birth of a female child.132

The female child means the burden of extra vigilance as she is to be protected and

taken care of. The wives giving birth only to female children are considered nahis

(cursed, having no blessings) and are very often beaten, divorced, or a second

marriage is arranged for the husband. Only the woman is usually considered

130 Ibid; p.25. 131 Ibid. 132 Dushka H. Saiyid, a Pakistani historian and expert in gender studies records a personal episode. “I

know a gentleman, who, on becoming the proud father of a daughter in Lahore, had a visitor come to

commiserate with him for not having had a son.” See her article, “Sir Syed, Hali, and Nazir Ahmed on

the New Role of Women.” South Asian Studies, 12(1), January 1995. pp.77-88.

67

responsible for the birth of a daughter. Villagers express their sympathies, in case of

several daughters, with expression like ‘basketful of daughters’, and ‘black-faced

witches.’133

Contrary to this, sweets are offered and the family is congratulated at the birth

of a son. A proverb says ‘milk and sons are the blessings of God’. Sons are considered

the source of power, strength (in case of fights) and wealth (as earning power in the

future) therefore seen as a source of increasing izzat (honour). They are regarded as

the carriers of the family name. They would bring wives and with them dowry thus

adding to the assets.134

Marriage, which is the only sanctioned form of sexual relationship, is arranged

by the family. Usually, the head of the family, the father, considers it his absolute

right to decide who his offspring should marry. Young men and women working and

living together in the village sometimes fall in love with each other, but since they

could not influence the decisions about their marriages they are left with the only

option of fleeing the village.

There are usually two types of expressions used for such a running away of

young couples: (elopement) and (kidnapping or abduction). The first stresses the free

will of the accompanying woman whereas the second emphasizes the dominant role

of the man in the running away. The first expression is used by the family of the man

and other families sympathizing with them. The family of the woman uses the

second.135

133 M Azam. Choudhary, (1999), Justice in Practice Legal Ethnography of a Pakistani Punjabi Village.

(Karachi: Oxford University Press) p. 52. 134 Heinz Gunther Klien and Renate Nestvogel, (1992), Women in Pakistan (General Conditions,

Approaches and Project Proposal for the Development of Vocational Qualification of Women in the

Province of Punjab). (Lahore: Vanguard Books Ltd) p.34. 135 Ibid; p.53.

68

For the girl, it is an absolute decision as her family would lose their honour

totally. The girl who run away, if recovered, has no chance of marriage except in

family with a much lower status then hers; also she could get a husband who

otherwise would not get married or has a bad character, except when the elopement or

illicit relationship did not become public. It is not only the girl who is affected by the

elopement; if she has sisters they too would get part of the ‘pollution’ and would face

difficulties in their marriage. Even after marriage they would be ridiculed by the in-

laws with taunts like: “we know the tradition of your family, which would probably

be mentioned in every quarrel between the women. There were even cases in which

after the older sister ran away, the others adopted similar strategies.”136

Different reasons could be given for elopement in the village. The parents of

the girl find no ‘suitable’ match (same biradari, equal economic and social status,

etc.); the parents not pay the dowry; the girl had the feeling of becoming old, or being

ignored; there may be many sisters and the older ones may still not be married.

Another reason may be that the girls are engaged to be married to men they do not

like and of course that they may fall in love. Elopement, and love affairs are much

discouraged and the sympathies of villagers are usually with the girl’s family. The

family may, of course, also criticized for not having taken enough care of the girl.

One reason for such general dislike, among other reasons, may be that it serves an

example for the girls and boys of other families.137

Elopement and abductions are taken equally seriously by all biradaries, more

so by the so-called ‘traditionally honourable’ families of the farmers. The more

respectable a person is taken to be was, the more seriously such events are taken. The

136 Chaudhry, op.cit; pp. 53-54. 137 Mushtaq Soofi, (2014, May 16), “They Elope, We Kill”, Dawn (Daily), Retrieved 26 the June 2015

from www.dawn.com/news/1106701.

69

women of the richer traditional families more confined to their houses and household

jobs than those of the kammi, who have to do jobs outside the house. But this

situation changes, when the kammi families become rich through the power-looms or

other business and their women also start staying at home. It is in itself and interesting

phenomenon that the so-called kammi biradaries are changing their profession,

becoming rich and no longer feeling affiliated with their biradaries assuming to

belong to a higher status biradari for example, Malik (which carries greater status).

The use of the term kammi in such cases is reduced to the poor kammi families

working for others.138

On the basis of data and observation which were carried out by different researchers it

could be said:

“that most of the elopements take place between

biradaries, for example, the girl is the Mochee biradari

and the boy of the Jats, the girl is of the Jat biradari and

the boy of the Rajputs, the girl of the Jats and the boy of

the Maliks, the girl of the Teelies and the boy of the

Jats.”139

Conflicts arose on and through the selection of marriage partners. Such

marriage conflicts were mostly within the extended family (Uncles and aunts from the

mother’s and father’s side) on the question of who marries whom.

Betrothals during infancy between children were very common. They took

place, mostly among very close relatives. Such pledges leading to later marriages

were made at the time of birth, and in some cases even before the birth of a child;

sometimes differences in age between the future husband and wife were not taken into

138 Klein & Nestvogel, op.cit. 139 Ibid.

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account and one might be older by as much as twenty years. This created trouble later

it both or one of them should want to marry someone closer their age.

Childhood engagement, if broken later on, were important for disputes; even

the selection of one girl or boy was taken as the rejection of another which leads to

serious differences between the brothers and sisters or other close kin. Generally, such

disputes were not violent but might lead to it. Whether the first preference were the

children of the mother’s side or cousins from the father’s side was decided on the

basis of which of the two had more influence and authority in family affairs, or over

the children. The economic positions of the respective bride or groom, beauty,

education, etc, have come to play a role too. It is the fathers, usually, who has more

authority and power in the family, whereas the mothers has more influence on the

children. Thus, mothers may turn out to have more say in the marriage of their

children. This is especially true when the children have grown up and there are

differences of opinion between their parents that start causing the children to take

sides. Very often this can lad to the breakup of childhood betrothals with the father’s

relatives leading to strife.140

Watta Satta (exchange) marriages, i.e. giving one bride and receiving one, as

brother and sister marrying another set of brother and sister, is still common in rural

areas, especially if the parents have problems in finding the partner for one of them.

The reasons may vary from lack of sufficient beauty; advanced age; the financial

position of the boy; and many other things considered at the time of selection. In such

situations, the continuation of one marriage is dependent upon the other. The

phenomenon of exchange marriage leads to situation “where a woman ends up being

140 Chaudhry, op.cit.

71

a mere object of revenge in the instance that her brother mistreats or physically abuses

his wife.”141

Exchange marriages often can lead to problems like separation, divorce,

fights, etc. between the husbands and wives only because the other couple had such

problems, too. It is very seldom the case that if one of the marriages was dissolved,

the other remained intact.

Many such marriages are solemnized against the will of the girls and boys

which, also led to problems. Cousin marriages are preferred on the grounds that if the

daughter-in-law was ‘apna khoon’ (own blood) she would assist and look after the

parents especially in their old age, while it was taken for granted that the ‘paraee’

(outsider) daughter-in-law may not had those feelings. For a woman, the first few

years after the marriage are generally the most difficult of her life. There are conflicts

with her mother-in-law, sisters-in-law (more so if they are still living in their parents’

house), brothers-in-law, very often would lead to causing discord between husband

and wife.142 The mother in law (saas) and daughter in law (bahu) relationship was

considered to be one of the worst. The best news a mother can give her daughter

before marriage would be that she is marrying into a family where there is no mother-

in-law. Most of the conflicts between husband and wife in the early years of their

marriage are usually the result of the confrontations between the man’s mother and

wife which can often even lad to divorce. There are quarrels with the sisters of the

husband who sooner or later get married and go away. Such are the miserable

conditions in which the social relations in general and women in particular have

endured through centuries.

141 Unaiza Niaz, (2004), “Women's Mental Health in Pakistan.” World Psychiatry, 3(1), pp.60–62. 142 Dushka H. Saiyid, (1998), Muslim Women of the British Punjab: From Seclusion to Politics.(UK: Palgrave Macmillan) passim.

72

Ideas for reform began to appear by the 18th century. An example at the

popular folk level was the “Heer Ranjha” ideas of which have been penned in the

previous pages. More articulated views came to the fore from people who began to

take practical measures for amelioration of women’s conditions in the Subcontinent.

The outside factor came in the form of East India Company’s conquest of several

territories in India and their efforts at spreading western education looked askance at

ideas and social practices in the Subcontinent. Upper class girls in the Muslim

population began to be educated. Some Muslim men of ideas emphasised women

education. There was a gradual shift to liberal thinking with regard to women’s place

in society. Over time, there was a movement raising women’s consciousness towards

their condition. This subject is taken up in the next chapter.

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Chapter 4

Colonial Rule and Muslim Women: Raising Conciousness of the

Situation, Degrading their Islamic Legal Status

4.1 Muslim Historical Legacy

Relevant to any attempt for amelioration of woman’s conditions was the

history of Muslim people in general and that of Muslims in the Indo-Pak Subcontinent

in particular. The early Muslim history in Arabia provided the Islamic ideals, both for

men and women. Such ideals could be studied in biographies of early Muslim

exemplars, both men and women. Of particular relevance was the biography of the

Prophet who claimed to receive revelation from God which now forms the most

sacred book for Muslims i.e. the Qur’an. The Qur’an has been interpreted form its

inception first by the Prophet himself and then by other persons of knowledge.

Muslims agree that no distortion has occurred in the language of the Qur’an and it

remains the most authentic revelation from God to man. Interpretations have differed

over time (and space) and this can, and did, create problems with regard to status of

women. Interpretations have served as laws and this has been a source of controversy

affecting the status of women in modern times in society at large. One conspicuous

example relates to whether an adult woman can contract a marriage, or there must be

a wali (guardian) from the family without whose permission an adult female cannot

contract a marriage.143

143 John L. Esposito, (1976), Muslim Family Law in Egypt and Pakistan: A Critical Analysis of Legal

Reform, Its Sources and Methodological Problems. (Ann Arbour, Michigan: Xerox University

Microfilms) pp.44-47.

74

4.2 Legacy of Muslim Hisotry in the Indo-Pak Subcontinent

Muslims’ history in the Indo-Pak Subcontinent is relevant because the variety

of schools of jurisprudence had to live with the Indian Hindu religion and its

practices. Such practices were particularly degrading for the status of women in

society.144 Added to this were the geographical conditions whereby people of certain

clans/tribes were usually concentrated in certain areas and, over time, they developed

antipathies amongst one another. The Hindu caste system created social hierarchies,

leading to seclusion, particularly that of women.

4.3 Legacy under Colonial Rule

The pervious chapter has traced pathetic conditions of women till the coming

of the 19th century. An important factor for change is always education, both formal

and informal. Formal education started by the British in the Subcontinent was not

adopted by Muslims. Informal education was sporadic and concerned with status quo.

Serious urge for English education began with Sir Syed Ahmad Khan. His main

concern was the need for Muslim people in the Subcontinent to attain western

education. Although Sir Syed himself did not advocate women’s education, a number

of people inspired by him did. Women had to fight for their right to education in a

radical departure from the traditions which formed an integral part of their culture.

Initially, therefore, women’s education had to be justified from whitin the framework

of Islam.145 In 1885, the Anjuman-e-Himayat-e-Islam146 (Society for the Promotion of

144 Nasra M.Shah, (ed.),(1986), Pakistani Women: A Socioeconomic & Demographic Profile.

(Islamabad: Pakistan Institute of Development Economics) p.21. 145Khawar Mumtaz and Farida Shaheed, (1987), Women of Pakistan: Two Steps Forward One Step

Back? (Lahore: Vanguard Books Ltd.) p.39. 146 One writer listed the following objectives of Anjuman-i- Himayat-i- Islam,

“1. Establishment of the educational Institutions where modern education could be given to the

Muslims.

2. To effectively counter the propaganda of the Christian missionaries.

3. To look after the Muslim orphan children and give them proper education.

4. To establish the Muslim Society on sound and stable foundations.

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Islam) opened five elementary schools in Lahore. It did so for the purpose of

‘preserving the Islamic values of life’. The Anjuman performed a significant role in

the promotion of women’s education in Lahore. Its efforts were all the more

commendable since, unlike Madras, Bombay and the Central and United Provinces

where Muslim women were ahead of Hindus in education, in Punjab and Bengal

Muslim women’s education lagged far behind that of other religious groups. The

Anjuman’s main concern, however, remained the preservation of Muslim culture. But

whether it was for the preservation of Muslim culture or for other reasons, by the turn

of the century, the realization to focus more attention on the education of women was

becoming stronger among educated Muslims.

4.3.1 Loosening of Practice of Seclusion and Veiling among Muslim Women

In 1903, first time in the history of Muslim women in Subcontinent after the

arrival of British, a woman from Muslim religion spoke on the state of affairs of

Muslim women, their general backwardness and illiteracy. The occasion was the

Muhammadan Educational Conference (MEC)147 in Bombay, which for the first time

that year included women participants. The voice was that of Chand Begum who

wrote a paper for the conference. Chand Begum, who was from Madras, did not

attend the meeting herself, and her article was presented by a woman having the Parsi

religion.148 In her paper, Chand Begum hailed the Reform Party (RP), a group of

Muslims supporting female education, and threw bitter invectives on diehard maulvis.

She anxiously advocated the need for reforms in educational system by focusing on

5. To strive for the social and cultural progress of the Muslims.

6. To organize the Muslim masses politically for the safeguard of Islam.” In M.Ikram Rabbani, (2014),

Comprehensive Pakistan Studies. (Lahore: Caravan Book House) p.54. 147 Muhammadan Educational Conference (MEC) was an organisation promoting modern, liberal

education for the Muslim community in India. With the view of promoting the educational cause of

Indian Muslims, Sir Syed founded, in 1886, the Muhammadan Educational Conference, which held its

meeting at various places to provide a forum for discussing problems that affected the Muslims at

large. 148 Mumtaz & Shaheed, op.cit.

76

the eradication of traditional and rigid school of thought. She also stressed to adopt

modern education for the development of female.149

It is interesting to note that even then (in 1903), Muslim women distinguished

between Islam and what was being usurped or denied by religious orthodoxy in the

name of Islam. The 1903 MEC also committed itself to open a school for the training

of women teachers.150 This proposal came into reality in 1913 in Aligarh.

Responsibility for this venture was given to Sheikh Abdullah, who remained a

prominent figure during the Women’s Reform Movement (WRM). In coming years,

an Urdu magazine known as Khatoon (Female), was published by Sheikh Abdullah.

The purpose of launching the journal was to advocate the cause of women’s

education. From 1904 onwards, the Women’s Reform Movement gained momentum.

The cause was espoused by newspapers and journals alike. It attracted the vocal

support of an important poet of the day, Maulana Altaf Hussain Hali,151 and inspired a

husband and wife team to devote their entire lives to promoting the cause of women’s

education. The couple, Maulvi Syed Mamtaz Ali and Muhammadi Begum, launched a

paper known as Haqooq-e-Niswan (Women’s Rights) in which they counselled the

females of India to create exclusive societies to work on female education in order to

make all women united on a single platform. In women’s circles, this team and their

newspaper came to be known as the (Rahber-e-Niswan) “beacon for all women.”152

The years 1904-1911 saw various Muslim girls schools being opened. Both

men and women contributed to this effort and schools sprang up in Bombay, Calcutta,

Aligarh, Lahore, Karachi, Patna and other places. The growth of the schools was

149 Rubina Saigol, (2016),“Feminism and the Women’s Movement in Pakistan: Actors, Debates and

Strategies Country Study.” Retrieved on July 30, 2016 from www.fes.de/cgi bin/gbv.cgi?id=12453,p.4. 150 The portion is based on Mumtaz & Shaheed. pp.39-40. 151 Dushka H. Saiyid, (1995), “Sir Syed, Hali, and Nazir Ahmed on the New Role of Women.” South

Asian Studies, 12(1), passim. 152 Mumtaz & Shaheed, op.cit.

http://www.fes.de/cgi

77

accompanied by a veritable mushrooming of women’s newspapers and journals. In

Lahore alone at least three newspapers emerged: Akbhbar-i-Niswan (Women’s

News), Sharif Bibi (Noble Lady) and Tahzib-i-Niswan (Women Civility). Most of the

journals and newspapers were published by men; however, women helped run them

and soon started contributing articles. For the first time, Muslim women in India were

being treated and addressed as a group, and they were being encouraged to speak and

write for themselves.153

In terms of actual numbers progress was slow. In 1911, out of every thousand

Muslim women, only two were educated.154 Although the figure doubled in the next

ten years, the percentage remained a dismal 0.4%. By 1924 there were a total of

137,800 literate Muslim women of whom only 3,940, or just under 3%, had received

modern education. Two families who were pioneers in Muslim women’s education

were the Faizi family of Bombay and the Suhrawardy family of Bengal. In 1922, the

first Muslim woman to receive an MA (in Law) was a Bengali woman by the name of

Sultan Begum, while the Faizi sisters (Attiya, Zuhra and Nazli) were the first Muslim

women to go abroad for higher education. These sisters played an active role in

promoting women’s rights.

However, as the traditional role of women was being questioned, Muslim men

all over India were also trying to reassess their own position in the society and to

forge an identity for themselves and a role for Muslim communities. The debate on

women’s education and rights was minor in comparison to the larger debate on

nationalism, independence and Islam, but the two were closely linked. Where

women’s consciousness was raised on one issue, it would also be raised on another, so

153 Saigol, op.cit. 154Rehana Ghadially, (1994), “Daudi Bohra Muslim Women and Modern Education: A Beginning.”

Indian Journal of Gender Studies, 1(2), passim.

78

much so, that starting with the Khilafat Movement,155 a large-scale mobilization of

women was to take place in the context of general politics and not on women’s issues.

Indeed, as exemplified by the activities of the Anjuman-e-Khawateen-e-Islam(Muslim

Women’s Association), for Muslim women the dividing line between women’s rights,

social welfare activities and politics remained blurred from the beginning.156

For the women’s point of view, the Khilafat Movement was important because

it was the first which pursued to enroll all Muslims in Subcontinent men, women and

youth. It was the first illustration of female participation in any practical struggle, and

in this case they participated in large quantity.157 In the 20th century politics of the

Subcontinent, it is the first recorded instance of women becoming politically

significant. Initially, separate gatherings were organised for women in Lucknow and

Delhi. Bi Amma (mother of Ali brothers)158 addressed these meetings and women

from families of famous Muslim leaders attended. The main objective was to raise

funds for the movement. The outcome was that Muslim women got aware of the

political circumstances and realities around them for the first time in India. The

women from elite families responded whole-heartedly and several toured the length

and breadth of India with Bi Amma to address gatherings of women.159 These Muslim

155 During the 1st World War Turkey sided with Germany and as Germany started to loose, Turkey also

started loosing its territory. By the time 1st World War came to an end in 1918 Turkey had lost most of

its territory. Therefore, the issue at that time was how the allied powers would treat Turkey, the

Ottoman Empire or the Khilafat-e-Usmania and most of its territory had been occupied and this

Movement was on its peak from 1919 to 1922. Khilafat Movement was a religio-political Movement

launched by the Muslims of the British India for the retention of the Ottoman Caliphate or Khilafat-e-

Usmania and for not letting for the Muslim holy places go under the control of the Non-Muslims. 156 Saigol, op.cit; p. 5. 157 Shirin Rai, (2000), (ed.), International Perspectives on Gender and Democratisation. (New York:

St. Martin's Press) passim. 158 Maulana Mohammad Ali Jouhar and Maulana Shaukat Ali (Ali Brothers) played an important role

in the freedom movement against the British imperialism in South Asia, which culminated in the

creation of two separate states-India and Pakistan-albeit not in their lifetimes. Mohammed Ali died on

January 4, 1931, while participating in the first Round Table Conference , he declared: “I will not go

back to a salve country… and if you do not give us freedom in India, you will have to give me a grave

here.” True to his word, he died in London and was buried in Jerusalem. Shaukat Ali died in Delhi on

November 27, 1938. were indefatigable fighters in the cause of India’s freedom. 159 Abdul. Hamid, (1971), Muslim Separatism in India. (Karachi: Oxford University Press) p.142.

79

women were often joined by Hindu females since the movement was not in

contradiction with the nationalist struggle. During these meetings all the women who

attended were extolled to urge their men to join the movement to not cooperate with

British, to inculcate patriotism and religion in their children, and to raise funds for the

movement as a whole.160

In 1917 Bi Amma breaking with the tradition addressed the Annual gathering

of the All-Male Muslim League in place of her son (Muhammad Ali Jouhar) who was

under arrest by the British. At this gathering, she addressed from behind her veil, but

it was an historical moment as for the first time, a Muslim woman was addressing a

political gathering of men. Bi Amma continued to address male and female gatherings

at which she condemned the British and urged people to join Khilafat Movement. In

1921, three years before her death, Bi Amma lifted her veil for the first time when she

addressed a mass assembly in Lahore. As Bi Amma was an elderly woman having

grown up sons, she defended her lifting of veil to the crowd, saying that they were all

her sons and brothers, so she did not have any reason to fear for her modesty. Bi

Amma’s act is important for two reasons. Firstly, the act itself was significant as a

symbol of Muslim women doing away with the veil, which had restrained them for

centuries, to go and join the political reality of their times. But secondly, and perhaps

more importantly, the circumstances and reasons for doing so are note-worthy. Bi

Amma lifted her veil simply for the reason that she found it hindering her in her work

that was not feminist but political in nature. The fact that she was not asking for her

rights as a woman, but was speaking in place of her sons from a stage that was

insisting justice for all Muslims, is probably why her action evoked such little

negative response from among the more vocal Muslims. Had her act been seen as a

160 Ibid.

80

defiance of male authority, it is probable that neither her age nor her reputation would

have saved her from disparaging or hostile remarks. As it was, the first casting off of

the veil passed unremarked.161 During this period men started encouraging

participation of women in politics, appreciated and sometimes patronized it.162

Meanwhile a number of changes occurred in the laws relating to women.

4.3.2 Legislation Regarding Women

Before independence, the central legislature undertook legislation on issues

relating to Muslim women such as child marriage, property rights, widow remarriage,

divorce, etc. The Muslim women had most of these rights before the arrival of the

British according to the Shariat, or the Islamic law, practice of which had not always

been consistent. Due to close association of Muslims with the Hindus, they had

assimilated many customs and practices of the Hindu majority. As a result, when the

British took over power, they mixed up Muslim law and the customs that the Muslims

had adopted from the Hindus. Therefore, while making laws, the British were

influenced by the Hindu religious law and assumed that the same position of customs

was acceptable to the Muslims as well. This misperception led many provinces and,

especially Sindh, Bombay, NWFP (now Khyber Pakhtunkhwa), Kashmir and Punjab,

to legislate new laws that kept Muslim women from their rights.163 Initially, Muslim

leaders did not realize the need to reformulate, and reintroduce, the Islamic law. Some

of the Hindu leaders realized, during the nineteen century, the evils of child marriage.

When the Age of Consent Bill was brought for enactment in 1891, it covered only the

Hindu community. In fact, the Muslims were equally affected by this evil practice.

But they were not aware of its gravity. They did not participate in the debate on the

161 Mumtaz & Shaheen, op.cit;43-44. 162 David Willmer, (1996), Women as Participants in the Pakistan Movement: Modernization and the

Promise of a Moral State. Modern Asian Studies, 30(3), p. 577. 163 Rashida Patel, (1979), Women and Law in Pakistan. (Karachi: Faiza Publishers) pp.1-5.

81

Age of Consent Bill because at that time, they considered it problem of the Hindus. It

was in the 1920s and 1930s that they struggled to reform the social condition of

Muslim women. The Muslim members of the legislatures would move bills and

resolutions on women issues and women members in the legislature would participate

in the debates on them. Among the issues that were in focus, one was the issue of

child marriage. When the issue of child marriage was raised in 1920s, the Muslims

also involved themselves in its legislation. At their initiative, the Hindu Child

Marriage Restraint Bill was transformed into the Child Marriage Restraint Bill, so that

it could apply to all the religious communities of the Subcontinent.164

The Child Marriage Restraint Bill proposed that girl who is going to be

married must be above fourteen and boy above eighteen years. The Bill was sent to a

committee that included two women, one British physician and another Hindu lady, to

investigate its acceptability. The committee had two Muslim male members, Hammad

Yaqub and Shahnawaz, but no Muslim female member. The committee found that the

Muslims were divided into three groups on this issue: (i) those who did not consider

early marriage as an evil, as it was permissible in Islam according to an interpretation;

(ii) those who felt that the spread of education, the progress of social reform would

automatically result in the raising of the age of marriage; and (iii) those who favoured

legislation on the issue of child marriage.165 The committee also observed that the

Muslims shared many customs with other communities of their respective regions.

For instance, in Madras, neither the Hindus nor the Muslims practiced early marriage;

in Bengal both the communities followed this practice; in Bombay and United

Provinces (UP), both the major religious communities followed this custom except the

164 Nabeela Afzal, (1999), Women and Parliament in Pakistan 1947-1977. (Lahore:University of the

Punjab) pp.14-15. 165 Ibid; p.15.

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caste Hindus and upper class Muslims. When Bill, based on the committee's report,

came up for the consideration, some Muslim members opposed its contents, but other

members including M. A. Jinnah and Shahnawaz not only supported the Bill but also

advocated legislation to carry out social reforms.166

Another issue that came up for legislation was women’s right to inherit

property. The Muslim woman had this right according to Shariat. But she had been

deprived of this right under the customary law or the Anglo-Muhammadan Law, as

introduced under the British. She was made totally dependent first on her father, and

then on her husband and son(s). If a woman was married outside the clan, caste or

tribe, she became an outsider. Therefore, any property given to her meant that the

property would go out of the family. Thus, not only the female but her descendants

were also deprived of property. The whole atmosphere was male oriented. If a woman

had a son, she could not give the property that she might have become by her own

labour to anyone else. This was purely a Hindu custom that the Muslims had

adopted.167

In 1930s, the Muslims became more active for the enforcement of Shariat. The

Shariat Bill was introduced in the Central Legislative Assembly in 1937, as was

demanded by the Muslims of the Punjab and other parts of the Subcontinent where

there was customary law. While discussing Shariat Bill, all the male members from

Muslim side showed keenness regarding the contemporary condition as well as due

rights of all the Muslim women in India. They upheld that the low status of Muslim

women in the Subcontinent was due to the influences of Hindu customs and culture

although role of Islam in the emancipation of women had been revolutionary. The

166 Ibid; pp.15-16. 167 Patel, op.cit; pp.5-8.

83

passage of the Shariat Act was a step forward in advancing the status of Muslim

women in the Subcontinent.168

Divorce was another problem that the Muslim women faced which needed

legislation in accordance with Islamic principles. The right of divorce as practiced

under the Anglo Muhammadan Law had given rise to some unhealthy and dangerous

practices. Muslim women even resorted to apostasy to get divorce. Numerous such

cases came up before the courts in the early twentieth century. There was a need for

legislation. The Dissolution of Muslim Marriage Bill, which was introduced and

passed in 1939, made divorce for Muslim women much easier by legislating the

concept of khula. When the Bill was discussed, members from both the major

communities supported it. The Muslim members, pointing out the miserable condition

of the Muslim women, argued that she was unable to dissolve marriage even if her

husband totally neglected her or maltreated her. They advocated that Muslim woman

should have full rights to exercise her choice in matrimonial matters. The 1939 law

made divorce easier for Muslim women.169 Now a District Judge could dissolve the

marriage of Muslim woman on her application. A Muslim woman could divorce on

various grounds. Firstly, if the husband failed to give maintenance for more than two

years, secondly, if she had been set in marital status by any of her guardian including

her father before fifteen years and she renounced it before reaching to eighteen years.

However, if the age is not met to the established limit, the bases on which she could

dissolve her marriage were even more liberal and included such issues as husband

assaulting her habitually, disposing off her property, obstructing her religious practice

and having more than one wife. Muslim legislators also demanded adjudication of

168 Dushka H. Saiyid, (1998), Muslim Women of the British Punjab: From Seclusion to Politics. (UK: Palgrave Macmillan) p.145. 169 Patel, op.cit; p.7.

84

such dissolution cases by the qazis. But this demand did not gather enough support in

the Assembly. The Muslim legislators on female issues showed their keenness to

bring about change in the status of Muslim women. Behind this Muslim interest lay

the consciousness that education had brought about among the Muslim females of

their rights.170

4.3.4 Mobilization of Muslim Women During Pakistan Movement

A mass mobilization of Muslim women took place during the Pakistan

Movement. As the idea of Pakistan got its shape, Muslims, both men and women

started writing articles, gathering support, holding meetings and finally coming out

onto the streets to struggle for a separate homeland. As more and more women

became involved in the political movement for Pakistan, the Muslim League formed a

women’s section in 1938. In 1940 a historic meeting was held in Lahore where an

unprecedented number of women attended a public function. The same year for the

first time a small group of Muslim left the safety of their homes and took out a

procession. The demonstration in Lahore, on 23 April, 1940, was to protest against

the arrest/detention of the Muslim leaders and the banning of the Khaksars (Khaksars

was a highly-disciplined, anti-maulvi Muslim religious group that had joined the

Pakistan Movement). It had nothing to do with women’s rights, but it was the first

time that Muslim women had engaged in street politics. All the women in the

demonstration wore burqas. Despite this, the press condemned their action as

shameless and the herald of the downfall of all women. Women had finally crossed

that invisible line between what was acceptable and unacceptable even in exceptional

circumstances. Street politics was where the line was drawn. It is a credit to those

women and as sign of their self-confidence and level of participation that this public

170 Afzal, op.cit; p.17.

85

condemnation did not deter them. On 16 June, ten Khaksar women took out another

procession under the leadership of an eleven-year old, Saeeda Bano, who had come

from Delhi, whose eloquent and bold speeches had gained her popularity. On 18 June,

another demonstration was staged and this time both men and women participated.

The procession was to march to the residence of the Punjab premier. The police tried

to stop the demonstrators, and when they refused, arrested the men and asked the

women to return home. Far from being intimidated, the women refused to go home,

and hence for the first time women were arrested for a political act.171

This activity was mostly urban and usually led by women from the upper

classes. One of the major hurdles to open participation in political pressure politics

though women power had been removed by them. This was the hurdle of purdah, veil

of women’s body. This hurdle was on the path of elimination, at least among those

who were ready to take out processions and raised slogans. Some writers put 1938 as

the year in which a far reaching step was taken in removing the ‘purdah hurdle.’ In

that year, Maulvi Muhammad Farooq spoke in favour of the resolution that demanded

greater participation on the part of women in League’s activities, and resolution

condemned the custom of purdah, saying that it hindered progress. Such a view

provoked uproar from the conservative portion of the meeting. It even made necessary

intervention of the chair, i.e. Jinnah himself. He placated the conservatives who felt

offended. He assured that actual resolution simply stated that women should be

allowed “to organize themselves under the League in order to support it.” The

resolution was subsequently “carried by an overwhelming majority.” Muslim

Leaguers espousing liberal ideas, such as Jinnah had to pay at least lip service to what

the conservatives' believed regarding gender question. There was a great need to

171 Mumtaz & Shaheed, op.cit; p. 44-48.

86

cultivate their support for the long-term political programme. In this way, Jinnah

played reconciliatory role. He balanced the conflicting social attitudes found among

the several groups. Such was necessary to maintain a focus on the all-important

political issue of self-determination of the Muslims.

At the same time Jinnah's approach to 'women's issues' indicated the important

role women were assigned in the propaganda output of the Muslim League. This

provided women a big space for public interaction and, thereby, confidence and

freedom.

Many confident persons in the Pakistan movement favoured direct

participation of women in political action. Director of the Muslim National Guards

addressed the girls at Lahore’s Islamia College for Women urging them to seek

membership of Muslim Women National Guards. That, in his view, would strengthen

male members of their community in the national struggle for Pakistan. A lady

activist urged Muslim males to let their females 'come forward and help them in the

struggle for existence.' Those in charge of Muslim National Guards often called on

Muslim women 'to wake up from their age old slumber and stand shoulder to shoulder

with their men folk.' Thus, many persons in the Muslim League thought that their

cause could best be served if they were able to bring women out of female quarters

and onto the battlefield. Such challenge to the existing notions of sexual territory

came to be justified by the hard times the community was experiencing. Defence of

Muslim community was at stable, and this made the distinctions between male and

female territory less rigid. A major point came to be that women could perform “roles

outside of the customary spatial restrictions that had previously characterized the

purdah system.”172

172 Willmer, op.cit; p. 582.

87

The entire country was swept into fervour of mounting political activity in

which the educated women from upper class participated. In 1941, a decision to form

a Muslim Girls’ Student Federation was taken (The Muslim Student Federation for

boys had already been created). The girls’ Federation was proposed and launched by

Lady Abdul Qadir, Fatima Begum and Miss M. Qureshi. Miss Qureshi was

particularly active and went from college to college to spread awareness and to muster

support for the idea of Pakistan. The response was enthusiastic, and in a few months

Jinnah Islamia College alone had enrolled 1,000 students for the cause. The Girls’

Federation proved to be the vanguard of the Women’s Sub-Committee subsequently

formed in the Muslim League, which toured the countryside holding public meetings.

The extent to which women had become involved in the political process and

their unwillingness to return to the confines of their home is demonstrated by the

words of Lady Maratab Ali, who, on 13 January 1942 said:

“The days have gone when Punjab’s Muslim women

were considered fit only for cooking food and minding

children. It is now essential for them to take an equal

share of responsibility with their menfolk in the field of

politics.”173

After the Lahore Resolution for a separate state, Muslim women were

encouraged to participate more fully. In 1942, Jinnah took a direct interest in the

women’s committees and his tours addressed these women at large gatherings. By this

time women were in the full swing of the Pakistan movement. They composed songs

and took them into the rural areas, and continued their work of pushing the movement

forward.174 But it is a credit to Jinnah, that in addition to recognizing the need for and

173 Mumtaz & Shaheed, op.cit; p.45. 174 Wilmer, op.cit; p.575.

88

accepting the support of the women in the political field, he was alive to the depressed

condition of Muslim women in general. As a result a sub-committee was formed from

amongst the women of the Muslim League’s Central Committee for the express

purpose of drafting a programme for the economic, social and cultural uplifting of

women. The women’s issue had at last received recognition as separate from the need

for women’s participation in the national struggle. This sub-committee passed

resolutions concerning housewives’ problems and food shortages, but at the same

time brought up more fundamental issues such as women’s inheritance. The Muslim

women of India combined the issues of food shortages and their right to inherit under

Islam.175

In 1943, the Bengal famine devastated the Bengali population. Hundreds of

thousands died and even greater numbers were left destitute. In response to the

situation women organized relief committees to raise funds and provisions. They

proved their organizational capacities and displayed considerable ingenuity. For the

first time, all-female mushairas (poetry readings) were held and plays staged, at the

Young Men’s Christian Association (YMCA) hall in Lahore. As in so many other

instances, activities that would in ‘normal’ circumstances have been frowned upon or

forbidden to women became acceptable in the context of the wider struggle. Through

their activities women were among the 5,000 participants in the All-India Muslim

League annual session held in Karachi in 1943.176 The newly-formed Women’s

National Guards was also present at the session. Its presence signified the recognition

of a totally new role for women, no longer restricted home in isolation and under

heavy guard. The uniform of the Women’s National Guard, white kurta, white

pajamas and green duppatta, was later to become the uniform of the Pakistani Girls

175 Saigol, op.cit; p.7. 176 Mumtaz & Shaheed, op.cit; p.45.

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Guides. All women and girls were involved in collecting funds, selling badges and

propagating the idea of Pakistan. While appearing in public and interacting with

strangers, they were violating the unwritten but centuries old rule of purdah and

confinement for Muslim women.177

In the 1946 elections two Muslim women stood as candidates, Begum Salma

Tassaduq Hussain and Begum Shahnawaz.178 These elections were important, not just

because there were two women candidates, but because this election was the test for

the Muslim League’s claim of being the sole representative of the Muslims mobilized

to lend their support to the League. This was hardly a problem in the cities where by

this time the League was already well entrenched, but it was a serious in country-side

relentlessly canvassing for the League. In the provincial elections the Muslim League

emerged as the representative of the majority of Muslim Indians. When, in spite of

winning 79 out of the 175 seats in the Punjab, the Muslim League was not allowed to

form a Ministry, women in Lahore led a demonstration, in protest. This led to a chain

reaction of escalating radicalism. When offices of Muslim League’s Women National

Guard were searched and Begum Shahnawaz arrested, a large number of Muslim

women came out onto the streets. They were baton charged and tear-gassed. As the

government’s violence increased, more and more women came out in processions and

increasing numbers were arrested. The recently elected woman, Begum Salma

Tassaduq Hussain, was arrested and Section 144 imposed. As the protests increased it

proved impossible to keep women in goal. They were consequently herded into vans,

dropped off well outside the city limits and left to make their own way home. None of

the tactics employed by the government did anything to abate the momentum of

women’s role in high politics.

177Saigol, op.cit;p.7. 178Kripal C. Yadav, (1987), Elections in Punjab 1920-1947. (New Delhi: Manohar Publications) p.120.

90

Doing heroic acts during arrests and confinements, three young burqa-clad

girls entered the gaol premises, climbed the building and hoisted the League flag,

shouting ‘Allah-o-Akbar’ (God is Great) and ‘Islam Zindabad’ (Long live Islam).

Towards the end of February, 1947, a large demonstration marched to Lahore

Provincial Secretariat. A thirteen-year old girl, Fatima Sughra, climbed the gate,

removed the Union Jack, and replaced with her dupatta, which she had made into the

Muslim League flag. It was the first time a League flag had been flown from a

government office in place of British flag.179

Most of the above activities were concentrated in Lahore and Karachi. Women

in the other provinces were also active, but were not visible in the political arena until

relatively late. The civil dis-obedience movement launched in January 1947 was

successful in mobilizing even the women of the North West Frontier Province (Now

Khyber Pakhtunkhwah), traditionally one of the most conservative areas of the

Subcontinent. In 1947, Pathan women marched unveiled in public processions,

demonstrated in defiance of Section 144. Pathan women also formed a secret

organization called the ‘War Council’. The War Council set up an underground radio

station called Pakistan Broadcasting Station. The station operated without being

traced right up to 14 August 1947, when Pakistan gained its independence.180

In the short period of fifty years, Indian Muslim women had completely

changed the parameters of their own life. From being veiled persons, restricted to

their homes, many women emerged as vocal active individuals. The voice of Muslim

women was heard, they were addressed, and more importantly addressed themselves,

as a group. Muslim women got awareness about political movements, participated in

179 Mumtaz & Shaheed, op.cit; pp.46-47. 180 Ibid.

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them, and proved their ability to organize, demonstrate, mobilize, raise funds and

provide relief services in times of crisis. Their abilities were acknowledged by men,

and used, while women themselves were recognized as a powerful potential source of

political activity.181

Due to the force of the political movements taking place around them, it seems

in retrospect almost inevitable that while the question of women’s rights was raised, it

was subsumed in the larger struggle for a national identity and freedom from colonial

oppression. But the two struggles, waged simultaneously, were not antagonistic.

Indeed, the nationalist struggle afforded an environment to many Muslim women who

break through traditional rules and restrictions, removed their veils, came out of their

homes, approached strangers, faced the police, and joined politics. It is possible that at

subconscious level women might have realized through their experience that what

was suitable for women in the nationalist struggle, would have been improper in an

effort for their rights that caused a direct confrontation with men. As it was, they were

fighting with their men and not believe in the national struggle of which they were an

integral party. The enthusiasm, dedication and daring they displayed was proof of

their ardent nature.182

History is replete with examples when women are called upon in times of

crisis, when social norms are forgotten and women take up arms, join the Red Cross

(or Crescent), manufactories and communications, and participate whole heartedly in

the national struggle at hand. But history also tells us that at the moment the crisis is

over, and the men return home, women are once again asked to take a back seat, to

return to their kitchens and children. Motherhood is praised and women are told to

181 Willmer, op.cit; p.580 182 Ibid.

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revert to their earlier constricted roles. The real test of whether or not women have

gained any rights is after the crisis and not during it. Women not only have to fight for

them, but also have to fight for their implementation and fight to retain them. Events

following independence showed that while some of the leaders of the Pakistan

Movement, notably Jinnah and his immediate companions, genuinely believed in the

need to break the shackles of women’s bondage, there were other elements for whom

the participation of women in the movement had only been a matter of expediency

stemming from a temporary urgent need. More significant were those elements who

had vehemently opposed both the creation of Pakistan and the emancipation of

women. Unable to reverse the former, they tried to reverse the latter.

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Chapter 5

Post Independence Women’s Status Reform Efforts: Socio-Political

Debate/Constraints

5.1 Liberal Thinking among Muslims in Pakistan

According to a Pakistani political scientist, Muslim liberalism started in the

Indian Subcontinent under the guidance of Sir Syed Ahmad Khan. The Muslim

League was the creation of such emerging liberal leadership. After partition, the task

of constructing the machinery of government and farming a constitution for the new

state fell upon the group of liberal leaders led by Jinnah.183

As a liberal, Jinnah thought that parliamentary democracy did not contradict

the spirit of Islam and was fit for Pakistan.

In a speech on March 26, 1948, he said:

“You are only voicing my sentiments … when you say

that Pakistan should be based on the secure foundations

of social justice and Islamic socialism, which

emphasizes equality and the brotherhood of man.

Similarly, you are voicing my thoughts in asking …

equal opportunities for all. These targets of progress are

not controversial in Pakistan … Brotherhood, equality,

and fraternity of man – these are all the basic points of

our religion, culture and civilization. And we fought for

183 Manzooruddin Ahmed, (1966), Pakistan: The Emerging Islamic State. (Karachi: The Allies Book

Corporation) pp. 99-102.

94

Pakistan because there was a danger of denial of these

human rights in this Sub-continent.”184

The liberal position of the Quaid-i-Azam was further articulated by Liaqat Ali

Khan, the right hand man of the Quaid and first Prime Minster of the new country.

Khan defended the modernist liberal Pakistan on several occasions. One occasion was

when he participated in a debate relating to a resolution on the objectives of the yet-

to-be-framed constitution. Liaquat Ali Khan explained that subordination to God was

necessary because politics unrestrained by ethics tended to become tyrannical. In his

view, the acceptance of God’s supremacy did not mean that Pakistan would become a

theocracy. It meant that the state would implement the Islamic principles of

democracy, equality, and social justice. The meaning of these terms in Islam was

larger and more wholesome than their meaning in other systems of thought. For

instance, Islamic social justice implied that all citizens would be free from want.

Islamic democracy meant that not only government and politics, but all social

institutions, would function democratically. The Prime Minister said his government

wanted to build a “truly liberal” polity, where all would be equal before the law,

which would effect a “better distribution of wealth and removal of want”; where no

“shackles” would be put on thought; where disadvantaged groups would be helped to

catch up; where the people, who were the “recipients of all authority,” would operate

the state through chosen representatives; and where everyone would have a voice in

the determination of public policy and “in electing those who run the state.”185

184Quoted in Syed Anwar. Hussain,(1982), Pakistan, Islam, and National Solidarity.(New York: CBS

Educational and Professional Publishing) p.59. 185 Ibid; p. 69.

95

A person with more articulate thinking, namely, the historian Ishtiaq Husain

Qureshi, went even further when he elaborated on the nature of Islamic Law. He

opined:

“Muslims recognized Islamic law, the shari’ah, as

sovereign. But the shari’ah included not only the

principles found in the Qur’an and the Prophet’s

traditions, which were immutable, but a large mutable

element consisting of the medieval jurists opinions

relevant to the circumstances of their own times. During

the intervening centuries, the world and the state of

human knowledge had changed much. The shari’ah, in

its existing form, could not therefore be accepted as the

‘legal sovereign’; it needed ‘considerable overhauling’

and the principles themselves needed new

interpretation. Even the Qur’an and Sunnah could not

be made legally sovereign until new interpretations of

their basic principles had been made and accepted by

the people.”186

It would not be unreasonable to view Qureshi’s thesis as the government’s

counter offensive against the ulama in a contest for leadership. The ulama claimed a

guiding, and thus a controlling, role in the polity because of their knowledge of the

medieval schools of Islamic law and of the established interpretations of Islamic

principles and ideals. The position that none of these was binding, that all of them

were open to reconsideration, and that the people had the right to accept or reject this

or that interpretation, sought to demolish the entire moral basis and rationale of the

ulama’s claim to authority. The politician was saying that Islam was what the Muslim

community believed and did, that, in effect, the ulama were not indispensable to the

186 Ibid; p.74.

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process of Islamization thus conceived, and that he could manage it quite well by

himself. He might allow the ulama some participation in this process, but he would

not yield control to them.187 This was liberalism at its peak. An important venue for

debate was, of course, the Constituent Assembly and the occasion the framing of a

constitution. One of the central issues was the place of Islam. Re-interpretation of

Islamic law and its history in modern times has been a stupendous task for which two

major positions emerged in the country namely the modernists and the traditionalists.

Binder (1963) talks of four views in the debate but he effectively concentrates

on three, namely, modernists, traditionalists and fundamentalists.188 Modernists were

those who took democratic institutions in the world as norms and believed that the

Muslim institution of Ijma could be adapted to create structures elected

parliaments/legislatures and form responsible executive bodies. In the case of

Pakistan’s political leadership, the Pakistan Westminster model was the one to be

emulated.189 The traditionalists thought that Islam in history supplied Muslims with

ideal laws which could not be bettered by human beings. Reinterpretation was not

needed because the existing corpus covered all aspects of life comprehensively.190 No

modernization was required. Binder’s third category was that of fundamentalists.

According to Binder, there existed only one group that could be called

fundamentalists and that was Jamat-i-Islami founded by a respected person, Maulana

Abdul Ala Maududi. This group believed that people could not make new law. In this

they were with the Traditionalist. However, to meet new circumstances, people could

find guidance from the Islamic teaching by a process of Ijtihad. In this, they

187Ibid; p.75. 188Leonard Binder,(1963), Religion and Politics in Pakistan. (Berkeley and Los Angles: University

California Press) pp. 35-69. 189 Hamid Yusuf, (1999), Pakista: A Study of Political Developments 1947-97. (Lahore: Sang-e-Meel

Publications) pp.31-68. 190 Binder, op.cit; pp. 10-34.

97

resembled the modernists who took Ijma as similar to parliamentary discussions. Our

discussion of issues will concentrate on modernists and rationalists with some

reference to fundamentalists. Otherwise, the fundamentalists will be treated as

Traditionalists.191

5.2 Resistance to Liberal Thinking

The Constituent Assembly itself was aware of the centrality of Islam in the

framing of the constitution and the very first document, ‘Resolution on the Objectives

of the Constitution’ has the beginning sentence: “Sovereignty on the entire universe

belongs to Almighty Allah.” In the process of organizing the work for the

constitution, a board by the name of ‘Board of Ta'limaat-i-lslamia’ was constituted to

advise on the Islamic aspects of the constitution.

The Board of Ta'limaat-i-lslamia (BTI) prepared its report in January 1950.192

In its Report, the Board was not in favour of the idea of women participating in

political activities in a Muslim country. The Board was against free mixing of men

and women. Such, in the Board’s view, could cause great social disorder. The society,

in its view, could enjoy "equilibrium" and make progress only when men and women

performed their specified duties in their respective spheres for the development of the

society in accordance with the Islamic principles. The Board declared:

“It is inevitable for the progress and prosperity of

mankind that men and women do perform their

respective functions prescribed by Islam rather by

191 Ibid; pp. 70-110. 192 Nabeela Afzal, (1999), Women and Parliament in Pakistan 1947-1977. (Lahore:University of the

Punjab) pp.20-21. Also see the text of the Report of the Board of Ta’limaat-i-Islamia in Leonard

Binder, (1961), Religion and Politics in Pakistan. (Los Angeles: University of California press)

Appendixes, pp.381-429.

98

nature herself according to their respective natural

faculties and aptitudes.”193

Taking such principles into account the Board saw the pivot of the activities of

a woman as “her home and her real function to manage the domestic affairs

efficiently, bring up the children with such physical, mental and spiritual training that

they should fear none but Allah and come forward equipped with best moral virtues,

as promoters of human welfare and prosperity.”194 Secondly, the “Board thought

women should create such atmosphere within the four walls of the house as can help

men perform their social functions prescribed by Islam, with happiness and

tranquillity of mind.”195

Any burden of social duty on women’s shoulders would affect their main

functions at home. Therefore, the Board did not favour assigning them any outdoor

responsibilities, except in situations of urgent necessity. The Board was of the view

that women should not be allowed to enter the legislative bodies. If it was necessary

to have women legislators due to needs of modern times, they could become members

only on two conditions that: “(i) the eligibility for membership of the legislatures

should be limited to those women who had attained the age of fifty; and (ii) the

female legislators should observe purdah during the performance of their legislative

duties.”196

The Board also argued against a woman becoming the head of an Islamic

state. According to its recommendations, a woman could not hold the office of the

head of an Islamic state in the light of the Qur’an and Sunnah. It cited Qur’anic verses

to show the superiority of man over woman. One verse cited is: “Men are in charge of

193 Binder, op.cit; p.410. 194 Ibid. 195 Ibid’pp.410-411. 196 Afzal, (1999), op.cit; p.21.

99

women, because Allah made one of them to excel the other”197 the other is: “Call to

witness from among your men two witnesses. And if two men be not (at hand) then a

man and two women."198 The relevant Ahadith were also quoted to prove this point.

One Hadith was: "a nation that appoints a woman as its ruler hall never prospers."199

From this, the Board concluded that a woman could not be given the responsibility of

the head of state. In addition, it opined that a woman could not lead the Jumma

(Friday) prayer. Simultaneously, it clarified that these provisions did not in any way

mean the degradation of the womenfolk. The Board upheld that according to the

Islamic principles, men and women had been assigned specific duties which they

performed for the wellbeing of mankind.200

According to Maududi (1977), the women should have the right of vote but he

considered that adult franchise for them under the prevailing conditions would be

unsuitable and harmful for the welfare of the country. He was of the opinion that the

election of women to the legislative assemblies was against the spirit and precepts of

Islam adoption of such a practice would be "nothing more than a blind imitation of the

West."201 In his view, active politics and administration was not "the field of activity

of the womenfolk"; it came within the preview of “men's sphere of responsibilities.”

He suggested a separate female assembly whose membership should be confined to

women and should be elected by female voters. Its primary function should to look

after their special affairs such as female education, male hospitals, etc. It could freely

discuss and criticize matters relating to the general welfare of the country. Moreover,

the national legislature must consult the female Assembly on all matters at concerned

197 The Quran, 4:34. 198 The Quran, 2:282. 199 Sahih al-Bukhari, cited in Binder, op. cit; p. 426. 200 Ibid;pp.410-412. 201 Sayyid Abdul Ala Maududi, “Some Constitutional Proposals” and “Basic Principles of Islamic

State” in Khurshid Ahmad, (tr. and ed.), (1977), The Islamic Law and Constitution. (Lahore: Islamic

Publications) pp. 308.

100

the welfare of the country. Thus, both the documents segregated male and female

activities. They relegated the females to virtually a secondary role in the national

polity.202

Meanwhile two women members of the Constitution Assembly of Pakistan

(CAP)203demonstrated their ability to work shoulder to shoulder with male legislators.

They were Begum Jahanara Shahnawaz and Begum Shaista Ikramullah. They made a

highly commendable contribution in the legislative business and they fully

participated in the proceedings of the House. Their speeches related both to women

issues and to issues of importance to the country as a whole.

The House felt the presence of the two women members. They fully and

intelligently participated in debates on budgets, raised issues that pertained to public

interest, discussed the bills, voted in resolutions. They showed courage in moving

amendments, points of order, asking starred and unstarred questions. They even made

interruptions in proceedings of the House to obtain information from the Treasury

Bench. They showed disagreement on specific points. An important activity is to

serve on committee of the House. This the two women members did eminently.

Women played a substantial role in the movement for the creation of Pakistan. Some

from influential families rose to be legislators. They endeavoured to bring vital

changes in things related to women. They usually did not succeed during democratic

regimes. Laws in their favour were brought about by a military regime. The chapter

202 See Appendix B titled “Views of the Board of Talimate-e-Islamia” in Binder, op.cit; p.410. 203 The British India was divided into two dominions of India and Pakistan in pursuance the Indian

Independence Act 1947 of the British Parliament. Each Dominion had a Constituent Assembly and, in

the case of Pakistan, it came to be known Constituent Assembly of Pakistan (CAP). Apart from its

major function of preparing a constitution, the body was to act as legislature of the country. The CAP

was not able to prepare the constitution and was dissolved in 1954. During the period (1947-54) there

were two women members, namely Begum Jahanara Shahnawaz from Western wing of the country and

Begum Shaista Ikramullah from the Eastern.

101

deals with efforts to bring legislation in Women’s favour, and the constraints against

such efforts.204

Greater portion with regard to parliamentary work was done through

committees, some termed as the standing and other as select committees. Such

committees were appointed for a fixed term or purpose. They submitted reports from

time to time. The two women were represented on a number of committees. With

such membership, they were able to contribute for the solution of problems under

consideration of the House. Both women had membership on committees dealing with

different spheres of public life__political, social and economic issues. In the year

1949, both became member of the Basic Principles Committee (BPC) of the

Constituent Assembly of Pakistan. They also became the members of the sub-

committee on Franchise. In 1950, Begum Shahnawaz was elected on the Standing

Committees of three ministries concerned with Commerce, Foreign Affairs, and

Health. She also became member of a vital committee, namely the one concerned

with Structure and Organization of the Ministries, and Offices of the Government of

Pakistan. Begum Ikramullah became member of a standing committee that was to

give advice on matters pertaining to refugees and their rehabilitation. In the

Constituent Assembly, both women moved amendments to the reports brought out by

the Basic Principles Committee of the Constituent Assembly.205

The two women members of the CAP were very much conscious of female

issues. Women vitally participated in the movement for creation of Pakistan. Their

contribution to rehabilitation of the refugees was tremendous. However, in

constitutional debates, proper appreciation of women’s problem was missing. The

204 Afzal, op.cit; pp.48-53. 205 Safdar Mahmood, (1988), Pakistan Ki Eham Siasi Jamaaten [Urdu: Important Political Parties of

Pakistan]. (Lahore: Maqbool Academy) p.14.

102

constitutional reports prepared under the BPC contained no mention of women’s

problems. On the other hand, Report of the Board of Talimat-e-Islamia (Islamic

Teachings) saw women’s political participation as something not desirable. Property

rights of women, marriage ceremonies and family laws, had been under discussion

before independence. The marriage and divorce laws remained the same after

Independence. The two women members argued that with a few exceptions, daughters

were not receiving share in inheritance. They proposed that the expeditious redress of

women’s grievances to save them from complicated and lengthy procedures. Special

courts could be established for female cases. Some female judge could sit on such

cases. Thus women could get early and judicious disposal of their cases. There was a

demand to appoint a commission for bringing laws in line with the Qur’anic teachings

so that the women could get their due rights.206 In many ways, women’s demands

were opposed.

5.3 An opportunity for Effective Advocacy of Women Status Reform

But an important opportunity came their way, and along with other women

leaders, it was exploited to the full. The opportunity arose with the second marriage

by Prime Minister Muhammad Ali Bogra with a Lebanese-Canadian woman, Aliya

Begum.

Aliya Begum was the Social Secretary of Bogra who became Prime Minister

in 1953. She was a good reader and always keen to read files submitted to Prime

Minister, by people or bureaucracy. During the course of time, she got married to

Bogra. Bogra’s marriage with Aliya Begum alarmed wives of elite class. They

assumed this marriage as new trend for their husbands. They thought this trend would

urge their husbands to marry another woman as well. The upper class women were

206Afzal, op.cit; p.62.

103

the hostesses of the Pakistan’s elite gatherings, and they correctly calculated that

without them the men would be left without the oil to grease their rusty conversations

and the twittering laughter for their bumbled jokes. They would be forced, the ladies

reasoned, to acknowledge Mr Bogra’s wrong doing, and by extension the evils of

polygamy. The social boycott would be the first step in their efforts to ban polygamy.

The second marriage, when it came to be known, excited a good deal of unfavourable

feeling. This was particularly true among the educated classes of Pakistani women,

and protesting delegations met the Prime Minister to impress upon him the

unfortunate example he was setting. It is fair to his memory to add that he was by no

means the only Pakistani of his time who, while holding high office, had contracted a

polygamous marriage, but it was his misfortune to do so when the movement towards

women's emancipation and the enforcement of their Qur’anic rights, was gathering

strength. Expressions of disapproval concerning the Prime Minister's conduct were

vigorous.

5.4 Appointment of Marriage Commission

The upshot of all this was a promise by the embarrassed leader that a

Commission would be appointed to go into the problems of Pakistan's marriage and

family laws and, shortly before he resigned from the prime ministership (on 4 August

1955), this Commission was appointed. It consisted of a former Chief Justice of

Pakistan (who replaced the first Chairman who died suddenly), three women, a well-

known figure among the ‘ulama’ and two other men. One of these two did not attend

a single meeting of the Commission (although the Report stated that he approved the

draft before publication), and Maulana Ehtisham-ul-Haq Thanvi expressed dissenting

views in a Minute written in the Urdu language.

104

The Commission’s terms of reference were set out as follows:

“Do the existing laws governing marriage, divorce,

maintenance, and other ancillary matters among

Muslims require modification, in order to give women

their proper place in society according to the

fundamentals of Islam? The Commission was asked to

report on the proper registration of marriages and

divorces, the right to divorce exercisable by either

partner through a court or by other judicial means,

maintenance and the establishment of Special Courts to

deal with cases affecting women’s rights.”207

A writer commenting on the terms of reference of the Commission notes that

it is difficult to trace those reasons and the impression is left that the true purpose was

to conceal, rather than reveal, the circumstances in which the Commission was

originally setup.208 The terms of reference were very loosely worded and it was left to

the Commission itself to frame the questions whose answers might help in elucidating

a difficult social and legal problem. Such circumstances made the Commission’s

Report a disappointing and unsatisfactory document.209

The Commission prepared a questionnaire framed by it within the terms of

reference and circulated to members of the public in order to elicit opinion on as wide

a basis as possible in both wings of the country. Out of these answers the Commission

synthesized its recommendations which, summarized as concisely as possible, stated

that there should be compulsory registration of marriages and that marriage contracts

should be signed by the parties to the marriage or, if illiterate, that their thumb-prints

207Mian Abdur Rashid, (1959), “Marriage Commission Report” in Khurshid. Ahmad, (ed.), Marriage

Commission Report X-Rayed: A Study of the family law of Islam and Critical Appraisal of the

Modernist Attempts to ‘reform’ it. (Karachi: Chiragh-e-Rah Publications) p.33. 208Herbert Feldman, (1967), Revolution in Pakistan: A Study of the Martial Law Administration.

(London: Oxford University Press) p.145. 209Ibid.

105

should be affixed. Limitations of age were suggested below which males and females

should be deemed not competent to marry and penalties were suggested to prevent

sale of daughters. Restrictions on the husband's power of divorce and power to

contract plural marriages were recommended, along with measures for registration of

divorce documents, as well as for maintenance for divorced wives and their children,

and for safe-guarding the right of a wife to her agreed dower. There were suggestions

for safeguarding the property of wives and minors and for the setting up of

matrimonial and family courts.

Views of the Commission took the fundamental principles and basic attitudes

regarding Islamic philosophy to be inclusive and comprehensive. Further, Islamic law

either actually derived its sanctions and duties from heavenly power as mentioned in

Qur’an or obvious instructions from the teachings of the Prophet of Islam. These

teachings have been included in the Objectives Resolution and later on same was

affirmed in the Constitution of Pakistan in 1956. As such, there was no need of

Commission on the subject of Marriage and Family Laws. The Commission justified

the need for revision or modification with link to jurisprudence found in history of

Muslims and contemporary world. In their view, the laws and injunctions

promulgated in the Holy Book dealt mostly with basic principles and vital problems

and consisted of answers to the questions that arose while the Book was being

revealed. The entire set of injunctions in Qur'an, the Commission held, covered only a

few pages.210 The Prophet to explained, clarified, amplified and adapted the basic

principles to the changing circumstances and the occasions that arose during his

lifetime. His precepts, his example and his interpretation or amplification constituted

what is called Sunnah. The Commission concluded that, multiple human relations

210 Rashid, op.cit; p.35.

106

could not be guaranteed by anybody for all periods at every event. Indeed, the Prophet

left a wider space for legislative measures and decisions on judicial grounds even for

his contemporary companions. Exclusive and fundamental principle of Ijtihad was

one of the most important principle after Sunnah and the Qur’an.211

The Commission insisted that prophetic wisdom was conscious of the fact that

there might be circumstances or problems to which any one is unable to explicitly

understand from Holy Qur’an, and in that situation the Qur'an could give fundamental

principles which could offer light and guidance even in unpredictable circumstances.

The Prophet knew that his own explanations and amplifications too could not be

expected to cover all details or encompass the novelty of situations and

circumstances. He enjoined on his companions, to whom important duties were

entrusted, to exercise their own rational judgment with a pure conscience whenever

the Qur'an and the Sunnah did not provide any precise guidance in any particular

situation. In the view of the Commission, the early caliphs and several other

personages endowed with wisdom and imbued with the spirit of Islam exercised

Ijtihad.

The Commission emphasized that Islam was not unaware from the contest of

complicated future epochs. On the other hand: “Its basic principles of justice and

equity, its urge for universal knowledge, its acceptance of life in all its aspects, its

world-view, its view of human relations and human destiny, and its demand for an all-

round and harmonious development, stand firmly like a rock in the tempestuous sea of

life.”212

211Eugene Donald. Smith, (1971), Religion, Politics, and Social Change in the Third World. (New

York: Free Press) p.72 212 Rashid, op.cit; p.42.

107

At the same time the Commission emphatically denied that Islam was a priest

dominated theocracy. Islam was never theocratic in the sense in which this term was

used in the history of western politics. For Islam life is an inseparable unity where

spiritual and material parts of life are not sundered. Religion, according to Islam,

means life in the world lived with a spiritual attitude which sublimates all that it

touches. For this very reason Islam never developed a Church with ordained priests as

a class separate from the laity. As it countenances no kings who can do no wrong and

who stand above the law, so it recognizes no priests. Some might be having more

command on Qur’an and Sunnah but this doesn’t guarantee any superiority over other

Muslims nor were any special privileges granted to them.213

With respect to polygamy, the Commission claimed that it adhered to the

Qur'anic view. Polygamy, in the Commission’s view, was neither enjoined nor

permitted unconditionally nor encouraged by the Qur’an, which had considered this

permission to be full of risks for social justice and the happiness of the family unit. In

the Commission’s view, in the practice of Polygamy, there was not much rational

justification; it seemed to have been prompted by the lower self of men who were

devoid of refined sentiments and were unregardful of the demands of even elementary

justice. The Qur'anic permission about polygamy was a conditional permission to

meet grave social emergencies. There was the Qur’anic warning that the common

man would find it extremely difficult, if not impossible to fulfill the conditions of

equal justice, attached to polygamy. The members of the Commission were convinced

that the practice could not be left to the sweet will of the individual. It was irrational

to allow individuals to enter into second marriages whenever they pleased and then

demand post facto that if they were unjust to the first wife and children, the wife and

213 Smith, op.cit; p.73.

108

children should seek a remedy in a court of law.214 The Commission was conscious of

the fact that in rare cases taking of a second wife may be a justifiable act. Therefore, it

recommended that it should be enacted that anyone desirous of taking a second wife

should not be allowed to do it without first applying to a Matrimonial Court for

permission. If the court sees any rational justification in the demand of such a

husband he may be judged to be capable of doing justice every respect to more than

one wife and the children. The function of the court was not envisaged merely to

remove injustice when it was done. In the opinion the Commission, a more vital

function of the legal and the judicial system was to adopt measures that minimize the

practice of injustice.215

5.5 Attack on Marriage Commision Report

Maulana Ehtisham-ul-Haq was a member of the commission. He wrote a

dissent note which was published in the Government gazette. In Maulana’s review,

the selection of members of the Commission, made for the purpose of achieving the

objective of reform in marriage and family was most disappointing and surprising. In

his view, it was a great injustice to Islamic shari’ah to entrust the work of bringing the

marriage laws into conformity with Islamic shari’ah to a Commission the majority of

whose members had neither the detailed knowledge of the Islamic teachings and

injunctions nor were they versed in the interpretation and application of those laws.

The women members were taken in on the ground that they were conversant with

family problems and conditions more than men, and only one member was added to

advise on shari’ah. There was no apparent harm in utilizing diverse talents but in the

meetings, in his views, every member, save himself, assumed the position of an expert

214 Mian Abdur Rashid, op.cit; pp.92-93. 215 Ibid; p.93.

109

authority on shari’ah and an absolute Mujtahid. They all remained one and united in

contravening the Qur'an and the Sunnah and in ridiculing the Muslim jurisprudence.

Maulana termed the Introduction writer as a person “utterly ignorant of

elementary propositions concerning God, His Glory, the Prophethood, and the

comprehensiveness and universality of religion.”216 The members of the Commission,

in Maulana’s view, were quick to declare, the Qur’an and the Sunnah as their source

and fount. However, in relating the existing shari’ah to proposed solutions, they took

personal and individual whims as the basis for the derivation of laws and principles.

That, in Maulana’s view, was neither Fiqh nor Ijtihad but amounted to distorting the

religion of God and the worst type of heresy.217

Maulana deplored that modernists’ sole motive to malign the ulama was that

Muslims should ignore the ulama and these so-called progressives should install

themselves in the place of Ghazali and Razi themselves. But in spite of the destructive

propaganda Muslims had enough religious consciousness and feeling for faith to turn

for religious guidance to the pious ulama who possessed the knowledge of shari’ah

and act upon it. Ulama were specialists in matters relating to Islam and their

prerogative of the specialist was not based on any racial or tribal ground but was

rooted in reason. Maulana accused the modernists of starting propaganda against the

ulama that the latter had created priesthood in Islam. Maulana emphasised upon

modernists to know that the ulama had not got a special privilege of interpreting and

quoting the Qur’an and the Sunnah on the basis of any racial distinction. Ulama, said,

Maulana was not the name of any race or tribe but everyone who had devoted the

greater part of his life to the acquisition of knowledge on religious subjects was an

216Smith, op.cit; p.76. The writer no other then Mian Abdur Rashid, ex-chief Justice of Pakistan who

assumed chairmanship of the commission after the death of the first chairman, namely, Khalifa Shuja-

ud-Din. 217 Ibid.

110

alim. This right of theirs was based on their erudition and experience in exactly the

same way in which the right of explaining and interpreting the provisions of the

Pakistan Penal Code (PPC) vested in lawyers and barristers only.

In Maulana’s view, the country was confronted with a group whose entire

mentality had been poisoned by the colonial educational system and these very people

had captured the political leadership of the country. They were trying hard to impress

upon the new generation that Islamic laws were inferior to man-made laws. To meet

their challenge, Maulana proposed two things: Firstly, Islamic jurisprudence as a

whole, be adopted and not this or that particular Fiqh. Secondly, the mere citation of

authority or authority books in jurisprudence would not appeal to the modern mind. In

order to convince them and satisfy them fully, ulama would have to rationally

vindicate the superiority and the reasonableness of the Islamic laws on the one hand

and on the other hand to show how they were based on the Qur’an and the Sunnah.

That was the proper way for the Ulama to discharge their duty in the circumstances

According to a historian, the Report was a document of some thirty-five

printed pages of which nine, amounting to about 7,000 words, constituted the Report

itself. For the most part, this comprised some neither new nor profound observations

on the nature of the Qur’anic injunctions and the Sunnah, as well as the machinery of

their elaboration into the Islamic legal system. The terms of reference were of cloudy

nature, been imaginatively and adequately responded to. If this were done, the result

could well have been a thoroughly comprehensive and worthwhile contribution. The

country might then have had a valuable survey of marriage, divorce, and family

problems, viewed in the twentieth century, in the powerful light of Islam. As it turned

out, the substance of the nine-page report amounted to little more than a condensed

111

version of what could be extracted from any standard textbook of Islamic

jurisprudence, along with some vague historical generalizations.218

In Feldman’s (1967) view, the proposals for reform did not rest upon any

adequately stated foundation of Islamic scholarship and it did not call for much

intelligence to find flaws in the reasoning by which such recommendations were

ostensibly justified. The dissenting member, in his view, was sufficiently well

qualified for the purpose. Whatever might be thought of the dissenting member's

opinions and conclusions, it was to be acknowledged that the Minute of Dissent was a

better performance than the majority Report and it showed that, in terms of Islamic

learning, the recommendations were not fully secure.

According to Feldman, the reception accorded to the Report was lukewarm.

“The evident lack of scholarship attracted immediate notice and in conservative

quarters the attitude was clearly adverse.”219

Religious leaders were vehemently opposed to it. The first articulated

opposition came from one of the member of the Commission, namely Maulana

Ehtisham ul Haq who wrote a Dissent note almost equal to the important portion of

the report. The fuller study of the report was published in 1959 and carried the title

“Marriage Commission Report X-Rayed: A Study of the family law of Islam and

Critical Appraisal of the Modernist Attempts to ‘reform’ it.”220 The book contained a

15 pages introduction and highly critical contributions from Maulana Abul A’la

Maududi (chief of Jama’at-i-Islami), pages 9-30; Maulana Amin Ahsan Islahi (Ex.

Deputy Chief of JI), pages 99-238; Khurshid Ahmed (a member of JI), pages 239-288

218 Feldman, op.cit; pp.146-147. 219 Ibid; p.148. 220 Khurshid.Ahmad, (ed.), (1959), Marriage Commission Report X-Rayed: A Study of the family law

of Islam and Critical Appraisal of the Modernist Attempts to ‘reform’ it.(Karachi: Chiragh-E-Rah

Publications)

112

and Princess Abida Sultan (daughter of Nawab of Bhopal and Pakistan’s ambassador

to Brazil), pages 289-315.

So far as politicians were concerned the report was permitted to lie, unused

and unadopted.221

221 Feldman,op.cit.

113

Chapter 6

Women’s Substantive Representation I: Muslim Family Laws

Ordinance 1961

6.1 Pre-Ayub Regime

The Constituent Assembly that framed the 1956 Constitution became an

Interim National Assembly, with no woman member. The functioning of government

remained unsatisfactory and instable. From March 1956 to October 1958, there were

four prime ministers. In the words of a well-known writer on Pakistan’s public affairs:

“Those who succeeded Jinnah were involved in political

gamesmanship that they neither gave much thought to

the meaning of Pakistan as a state for a dominant

religious community nor as a country with corporate

responsibilities…. Pakistan was permitted to founder as

politicians and bureaucrats engaged in petty infighting

that was supposed to eliminate the weak and elevate the

strongest contestants for power and influence in the

country.”222

Martial law was imposed on October 1958 by the sitting president of the

country with the help of commander-in-chief of the Army. The latter ousted the

president within a matter of three weeks and declared himself to be the president.

With the constitution gone, provisions contained in the constitution, including the

provisions for reserved seats for women became defunct for the time being.

222 Lawrence Ziring, (1980), Pakistan: The Enigma of Political Development.(London : Dawson ;

Boulder, Colo. : Westview Press Inc.) p.72.

114

6.2 The Ayub Khan Regime

From October 1958 to June 1962, Ayub Khan’s regime was based on martial

law in which politicians were not allowed to participate in public life. Initially,

political parties were banned, their bank accounts were frozen, and many of the

important leaders were detained. The activities of the politicians were brought under a

heavy restraint by the Elective Bodies (Disqualification) Order, 1959 (EBDO) which

provided the former politicians with the option of being tried for misconduct or

disqualifying themselves from engaging in political activities for seven years. Such

was the lack of faith in the government’s constituted tribunals, that the majority

preferred the latter course. About 7000 persons, at least 3000 from West Pakistan,

came to labour under EBDO disqualification or were ‘Ebdoed’ as it was called in

popular parlance.223

In 1959, the scheme of Basic Democracies was introduced. The scheme

provided for the election of 80,000 Basic Democrats (BDs), on parity basis between

two wings of country. The BDs were to be elected on the basis of direct adult

franchise, and they were members of local government, which had four tiers. Leaving

aside the first tier, Union Council, chairmen of the upper tiers were members of

bureaucracy, i.e. they were government officials.224

The experiment got under way with the election of 80,000 Basic Democrats

(BDs) in February 1960. The need for legitimacy led Ayub Khan to seek a ‘vote of

confidence’ from the newly elected BD’s for a mandate.225 The question put to the

Electoral College’s members was phrased thus: “Have you confidence in the

223 Hamid Yusuf, (1999), Pakistan A Study of Political Developments 1947-97. (Lahore: Sang-e-Meel

Publications) p.71. 224 Government of Pakistan, (1959), Basic Democracies Order, Gazette of Pakistan (Extraordinary), 27

October. 225 Richard S.Wheeler, (1970), The Politics of Pakistan: A Constitutional Quest. (Ithaca and London:

Cornell University Press) pp.197-98.

115

President Field Marshal Muhammad Ayub Khan, Hilal-i-Pakistan, Hilal-i-Jurat?”226

75,283 of the BD’s representing 95.6 percent of the total member replied in the

affirmative. “Ayub was sworn in as the first elected President of Pakistan on 17

February and on the same day he announced the appointment of the constitution

commission.”227

6.2.1 Constitutional ‘Autarky’

The constitution commission appointed in 1960 and headed by Justice Shahab-

ud-Din, recommended, in the main, a presidential form of government, direct

franchise, (though restricted by educational and property qualifications), restoration of

political parties and a strong legislature. The recommendations were greatly at

variance with President Ayub’s (1967) views about political parties and adult

franchise. The idea of controlled democracy enshrined in the scheme of Basic

Democracies,228 in which Ayub Khan had placed such great trust had been simply

ignored. The recommendations understandably were not found acceptable. Manzur

Qadir and Zulfikar Ali Bhutto had separately produced their own documents, more in

accord with Ayub Khan’s ideas.229 The latter favoured centralization of power,

preferred not to have any political parties. He wanted to base politics on the

foundations of the Basic Democracies. In the constitution he promulgated, the centre

was dominant over the provinces. In the central government, the “president was all

powerful and towered over the national political scene. It was an administrative state

226 Yusuf, op.cit; p.73. 227 See Altaf Gauhar, (1994), Ayub Khan Pakistan’s – First Military Ruler. (Lahore: Sange-e-Meel

Publications) pp.169-70. The title of Field Marshal was conferred on General Ayub Khan by his

cabinet. 228 Muhammad Ayub Khan, (1967), Friends not Masters: A Political Autobiography. (New York:

Oxford University Press) pp.186-191. 229 Karl V. Vorys, (1965), Political Development in Pakistan. (New Jersey: Princeton University

Press) p.231.

116

in which Ayub Khan had placed great faith and which he now hoped to bring into

existence under the guiding light of his leadership.”230

Power centred in the bureaucracy for practical administration. There was

resistance to the constitution. Ayub Khan pleaded that the constitution be given a

chance, that the constitution was based on the result of his “wide study, deep and

prolonged thought and a burning desire to help the people in building the country into

a sound, vigorous, progressive and a powerful state.”231

Election on a non-party basis led to the formation of groups mainly on a

regional basis, the opposite of what Ayub Khan with his constitution advisors had

anticipated or hoped for. Practical need persuaded Ayub Khan to reconsider the issue,

and thereby he allowed political parties. Two months had not yet passed since the

enactment of the Political Parties Act, that the Muslim League known as Convention

Muslim League became the party of the government. Convention Muslim Leaguers

unanimously elected Ayub Khan unanimously as President of the party.232

Ayub Khan appointed some members of the National Assembly as ministers

in his Council of Ministers. This was against the procedure in the presidential system

according to which they had to resign their seats. They insisted not to resign. Ayub

Khan needed their support. To favour them, he issued a Presidential Order. It was

numbered 34. It sought to change the procedure, so that ministers could retain their

seats. On appeal, the order was held ultra vires of the constitution by Dacca High

Court in East Pakistan, a decision upheld by the Supreme Court. The court, however,

curiously adjudged it permissible for the ministers to be present in the assembly. The

230 Yusuf, op.cit; p.74. 231 The Government of Pakistan, (1962), The President Address to the Nation. (Karachi: the Bureau of

National Reconstruction) p. 12. 232 Ayub Khan, (1967), op.cit; p.232.

117

ministers thus sat on the treasury benches and exercised control over the conduct of

the assembly’s business but without being responsible to the house. The separation of

the executive and the legislature envisaged in the constitution was compromised.

After the promulgation of 1962 Constitution Ayub Khan was able to base his

authority on a constitutional foundation. However, his ultimate source of power was

the army. For actual administration, the bureaucracy was relied upon as the instrument

of governance. The bureaucracy readily obliged and, in its own interest became

partner in the autocratic governance of the country. If the military moved with a

frontal assault, the bureaucracy proved its usefulness through slow permeation. In

bureaucracy, the highest place was occupied by the Civil Service of Pakistan (CSP),

which had descended from Indian Civil Service (ICS). “In the powers which it came

to wield, the line between the political and the bureaucratic function was blurred.”233

The land-owning or feudal classes and the rising industrial and business

communities provided the two other pillars which sustained the new political edifice.

The land reforms carried out during the early period of martial law had not brought

about any significant change in the position of the feudal classes. They still enjoyed

powers because ceilings of land holding still remained high and there were several

other concessions given to them. The landed classes also included many army officers

and civil servants by the grants of state lands. The members of the landed aristocracy

in Western wing of Pakistan leaned heavily on the government to maintain its

dominant position and in turn kept the masses under its hold. The members of the

233 Wheeler, op.cit; pp.130-32.

118

landed aristocracy in West Pakistan constituted the most significant part of the

national and the provincial assemblies.234

There was rapid growth in business and industrial classes, mainly based on,

secure conditions and generous aid from some Western countries and United States of

America. It was most encouraged by policies framed under guidance of the World

Bank. Pakistan was registering annual growth rate of 6.7%. Many viewed Pakistan as

a model for the developing nations. A liberal policy towards capital accumulation

helped create big business, supportive of the regime because it owed its rising

fortunes to that regime. In agriculture, there occurred use of high yielding varieties of

various e.g rice, wheat and cotton. These supplies of fertilizer were and use of

pesticides that brought about “the green revolution.”235 This provided the base for the

expanding agro-based industries.

The administrative nature of the government was much strengthened by

bringing to the government a well known agriculturist, namely Malik Amir

Muhammad Khan, the Nawab of Kalabagh. He was appointed governor of West

Pakistan in 1960. The Nawab who used to arrange hunting parties for General Ayub

Khan had won his confidence and friendship. He brought to bear on the office of the

governor a domineering personality and autocratic methods. He held office as

governor until 1966 when differences with Ayub Khan led to his resignation. The

Nawab’s feudal background, which had probably weighed with Ayub Khan as an

important consideration in his appointment, gave him a leeway with the landed

classes of West Pakistan which wielded traditional political power.236

234 Herbert Feldman, (1967), Revolution in Pakistan: A Study of the Martial Law Administration.

(London: Oxford University Press) pp.61-62. 235 Wheeler, op.cit; p.85. 236 Vorys, op.cit; pp.62-64.

119

The president appointed a retired police chief, namely, Zakir Hussain, as the

governor in East Pakistan. He hailed from East Pakistan, but gathered so much odium

by his misrule that he had to be replaced within a few months. He was succeeded by

Lieutenant General Azam Khan. The general had been one of President’s close

associates. He was known as a strongman, and was expected to make the authority of

the regime felt in the Eastern province.

Ayub Khan may be said to be a liberal in that seems to have come to the belief

that people in Pakistan depended on religious leadership for interpretation of Islamic

teachings. In his view, such religious leadership was not qualified enough to interpret

the teachings of Islam; he accused them of ill-thought interpretations that created a

gulf between religion and science. In his view, the two were not contradictory.237

Ayub Khan also accused politicians of manipulating Islam symbols. In a

speech in 1959, he dilated upon the principal basis for the emergence of Pakistan.

Such emergence was to provide Muslims of the Subcontinent with a homeland in

which they could mould their lives freely on an Islamic pattern. But, as he moaned,

within a few years of the creation of Pakistan, the politicians led people away from

the Islamic way of life and exploited the name of Islam to achieve their political

designs. In the process wealth and power became the main purposes in life. Those

who had wealth were engaged in the acquiring of more wealth. “And those who

claimed to be custodians of religious learning ran after both wealth and power and did

not stop short at any mischief.”238

He did not feel happy with the existing hindrances to contemporary

developments in the organization of society, democratic methods of governance,

237 Muhammad Ayub Khan, (1958-1959), Speeches and Statements. Vol.I, (Karachi: Pakistan

Publications) p.65. 238 Ibid.

120

modern technical education, industrial development, use of technology in agriculture,

etc.

In a later speech, Ayub Khan reminded his countrymen:

“The Holy Qur’an is replete with exhortations for us to

find out the ism (name) of things around us, which

clearly enjoins that we must know all the properties of a

thing to give it a name and distinguish it from other

objects.” Continuing he said: “and this precisely is the

sum and substance of science.”239

Ayub Khan discoursed to a gathering of ulama that Islam emerged on the

scene as a great blessing. It was a dynamic and progressive movement which reshaped

the entire pattern of life and gave a new meaning and purpose to man’s endeavours.

So long as this movement remained part and parcel of life itself, the followers of

Islam continued to perform memorable deeds in the world of science and practical

knowledge. With the passage of time, the Muslims came to concentrate more on the

dogmatic aspects of Islam and less on its inherent greatness as a movement. This, in

Ayub Khan’s view, led to the snapping of the link between life and religion. Religion

thereby, was reduced to a lifeless object incapable of resilience or progress. While

mankind had made great advances in science and philosophy, Islam had remained

static for centuries.240

Ayub Khan paid lip service to principles of Islam saying that they were

timeless and eternal. However, in his modernist liberal approach, he emphasised that

such features made it possible for every age to apply and implement Islam’s

principles in the light of its requirements and environments. The secret of real

239 Ibid. 240 Ibid; pp.111-12.

121

progress was that Muslims in Pakistan should comprehend the basic principles, hold

fast to them and under the searchlight of the past, discover fresh avenues for their

applications in the present and the future.241

6.3 Towards Muslim Family Laws Ordinance 1961

“When Ayub Khan took power, women organizations in Pakistan were

impressed by his liberal outlook about women’s rights. These organizations,

particularly the APWA, urged him to implement the recommendations of the

Commission on the Marriage and Family Laws.”242 That is, women were never

inactive, nor were they nonentity in public affairs. Ayub Khan who became president

in October 1958 had, on his own initiative, had a meeting with Begum Liaqat Ali

Khan, activist for women’s welfare and wife of the ex-prime minister (shot dead in

1951). The meeting took place in May1958 when she was ambassador of the country

in Netherland. The visit to the Begum is listed in the selection of entries in Ayub

Khan’s diary from May 2, 1958 to September 25, 1958. “Selections from these

Entries”, writes Ayub Khan in his autobiography, “give an idea of my thinking and

perceptions during that period.”243 The entry itself is very revealing with regard to the

status of the woman who was founder of the All Pakistan Women Association

(APWA), apart from being an ambassador and wife of a deceased prime minister of

the country. The entry reads:

“Went to Hague to see Begum Liaqat Ali Khan, she

seemed relaxed but was very worried about the political

situation in the country. She thought that the only

241 Muhammad Ayub Khan, [1960-1961], Speeches and Statements. Vol. III, (Karachi: Pakistan

Publications) p.134. 242 Nabeela Afzal, (1999), Women and Parliament in Pakistan 1947-1977. (Lahore: University of the

Punjab) p.27. 243 Ayub Khan, (1967), op.cit; p.59.

122

solution was tight rule in the country for about ten

years.”244

Another entry of the same month further brings out Ayub Khan’s concept of

the importance of women in social and, thereby, public life. This time the entry is

related to ‘rumours’ regarding army personnel, rumours that could unsettle army

morale. Ayub Khan mentioned the rumours to his wife who had heard about them

without being disturbed. “That”, says Ayub Khan “has always been the way with her.

Under adversity she has always shown tremendous courage and self-control.… I feel

that without such a wise and far-sighted companion I should never have been able to

achieve in life what I have done.”245

Representations by women to Ayub Khan began to be made soon after he took

over power in the country. A speech in 1960 concerned itself with “The Role of

Women.”246 In his view, “the question of determining the correct role and place of

women in the affairs has often caused confusion and controversy.”247 And he added

the characteristic liberal remark: “But this should not act as a deterrent for the concept

of the role of women is an evolving process.”248

In March 1961, Ayub Khan issued the ordinance incorporating several of

proposals for reform of marriage and family law in Islam submitted by the

Commission on the subject in 1956.

Ulama made their utmost efforts to stop promulgation of the Ordinance which

was announced in March 1961. Mufti Muhammad Shafi of Dar-ul-Ulum, Karachi

wrote a letter, in June 1961, to Ayub Khan against promulgation of the Muslim

244 Ibid. 60. 245 Ibid; pp. 60-61. 246 Muhammad Ayub Khan, [1959-1960], Speeches and Statements. Vol. II. (Karachi: Pakistan

Publications) p.127-128. 247 Ibid; p.127. 248 Ibid.

123

Family Law Ordinance. Ayub Khan sent a long reply in his liberal fashion. In his

view, the situation in family relations revealed untold miseries and cruelties

commonly perpetrated under the cover of indiscriminate polygamy. In Ayub Khan’s

view, polygamy resulted in embittering and ruining the lives of innumerable tongue-

tied women and innocent children. It also brought in its wake the social, moral and

economic collapse of thousands of families.249

In his understanding of the Holy Qur’an, Ayub Khan posited two types of

tyrants. One category was of those who were entrusted with authority and used it

wrongly and unjustly. But, according to him, there was another type far worse than

them. The second type, in spite of their position of authority, shirked the

responsibility of removing injustice, cruelty and other vices. To Ayub Khan, the only

effective way of eradicating matrimonial malpractices was to formulate rules and

regulations within the framework of divine injunctions that might control the practice

of indiscriminate polygamy. He conceded that such a control should normally be the

responsibility of society itself. But people could not be expected to take initiative on

account of historic factors. Such factors, in his view, had plunged people into the

morass of social stagnation for centuries. So it fell to the lot of the Government to

initiate action in such matters.

Ayub Khan reminded the Mufti about a Commission that had prepared a

report on the question of marriage and family laws. According to Ayub Khan, the

members of the Commission were all distinguished persons of law and learning

besides being good Muslims. The Commission had produced a number of unanimous

suggestions and recommendations, with one note of dissent. The previous

governments, Ayub Khan said, could not rise to the occasion and did not take further

249 Ayub Khan, [1960-1961], op.cit; pp.137-138.

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action in this regard on account of narrow political expediencies. With regard to

himself Ayub Khan wrote:

“So far as I am concerned, I do not place temporary

expediencies over and above the need for basic reforms.

Nor do I consider it decent or honest to postpone the

implementation of any good schemes merely to sustain

cheap popularity.”250

Ayub Khan also emphasized his modernist attitude when he propounded that it

was responsibility upon Muslims

“to liberate religion from the debris of wrong

superstitions and prejudices and to make it keep pace

with the march of time. It is my belief that Islam is the

only religion which cannot become out of date in any

age or climate of material or mental progress, and if

today, there is a disparity between our life and our

Faith, the fault is our own and not of Islam.”251

It is in recognition of such responsibility that Ayub Khan claimed he had made

the Advisory Council of Islamic Ideology an integral part of Pakistan' constitutional

framework. With the Institute of Islamic Research as a feeding base, this body was

envisaged to give guidance which was needed both for Pakistani nation and as a part

of benefit to the broad Muslim Millat.252

Ayub Khan, it seems, saw the attitude of ulama in larger perspective of Power

Politics, leadership of the community. According to him, the conflict between the

educated Muslims and the ulama was not new. It started in the early years of British

rule and reached its culmination during the struggle for Pakistan. Ayub Khan

250 Ibid; p.138. 251 Ibid; pp.139-140. 252 Muhammad Ayub Khan, (1961-1962), Speeches and Statements by President of Pakistan .Vol. IV.

(Karachi: Pakistan Publications) p. 234.

125

bemoans in his autobiography that in the wake of British rule in India, the ulama kept

the Muslims away from all sources of western knowledge. The barrier of prejudice

was broken in mid nineteenth century. It was Sir Syed Ahmad who preached that the

Muslims could not progress without acquiring knowledge of modern sciences and

technology. Sir Syed asserted the simple truth that knowledge was not the preserve of

any nation; it belonged to the whole of mankind. According to Ayub Khan, Sir Syed

Ahmad, in spite of all the calumny that was heaped on him, refused to be browbeaten.

As more and more Muslims got educated in western sciences the hold of the ulama

over the Muslim community began to weaken. Pakistan was the greatest defeat of the

nationalist ulama. But they proved to be a tenacious tribe. Soon after the

establishment of Pakistan, the power seeking ulama reorganized their forces. Ayub

Khan says bitterly:

“Some of the nationalist ulama decided to stay in India;

others hastened to Pakistan to lend a helping hand. If

they had not been able to save the Muslims from

Pakistan they must now save Pakistan from the

Muslims. Among the migrants was Maulana Abul Aala

Maududi, head of the Jama'at-i-Islami party….This

venerable gentleman was appalled by what he saw in

Pakistan: an un-Islamic country, un-Islamic

government, and an un-Islamic people! How could any

genuine Muslim owe allegiance to such a government!

So he set about the task of convincing the people of

their inadequacies, their failings, and their general

unworthiness.”253

Ayub Khan doubts such slogans. According to him, the true intention was to

re-establish the supremacy of the ulama and to reassert their right to lead the com-

253 Ayub Khan, (1967), op.cit; pp.202-203.

126

munity. The movement for Pakistan was guided by the enlightened classes under the

leadership of a man who was the symbol of western education. According to Ayub

Khan, the ulama wanted to repair their prestige and to demolish the position of the

educated classes in the eyes of God-fearing but uneducated masses. They painted the

social conditions and the leaders’ effort black:

“The ulama concentrated on these. They spread

throughout the length and breadth of the country to

convince the people of the misery of their existence and

the failings of their government. They succeeded in

converting an optimistic and enthusiastic people into a

cynical and frustrated community. The ulama claimed

that they knew all the answers and could easily solve all

the problems of the country, but that they were helpless

as the country was in the control of the modern

educated classes who had disowned Islam and taken to

western ways. Since no leadership could provide an

immediate solution to all the problems of the

community, the ulama were able to build up a large

following for their point of view.”254

6.4 Muslim Family Laws Ordinance 1961

This, says Ayub Khan, was unacceptable both to people and himself “as it was

opposed to the fundamental democratic principle that all authority must vest in the

people.”255 In March 1961, many of the recommendations of the Commission on

Marriage and Family Laws were embodied in The Muslim Family Laws Ordinance

VIII of 1961, which introduced reforms in marriage, polygamy, divorce, maintenance,

and succession. However, the effect of conservative opposition to many reforms can

also be seen in certain provision or qualifications that weakened the effect of the

254 Ibid; p.203. 255 Ibid; p.204.

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reforms.256 Haider (2000) notes ideological tension between modernists (e.g. Ayub

Khan) and traditionalists, causing modernists to compromise on certain points.

Marriage Commission report of 1956 created rights for women with regard to

polygamy without making the latter illegal. Also, a number of suggestions made in

the Report were not incorporated into the Ordinance of 1961.257

6.4.1 Marriage Registration

To avoid the difficulties of false claims resulting from oral contracts,

especially in an increasingly mobile society, Pakistan introduced the requirement of

written registration of marriages and created the office of Nikah Registrar (Marriage

Registrar) to grant marriage Licenses and oversee the registration of marriages.258

Failure to report marriages to the Registrar became punishable by fine and or

imprisonment.

These restrictions were considerably weakened since failure to register a

marriage did not affect the validity of the marriage and the maximum sentence for

neglecting such registration was only three months. The effectiveness of this law was

further hampered since judicial relief was not denied to unregistered marriages in

Pakistan. Thus, suits involving marriages, divorce, paternity and inheritance in

unregistered marriages were admissionable.259

256 A very good study of the Muslim Family Laws Ordinance is Nadya Haider, (2000), “Islamic Legal

Reform: The Case of Pakistan and Family Law.” Yale Journal of Law & Feminism, 12(2), pp.287-341 257 Ibid; p.340 258 Government of Pakistan, [1961], Muslim Family Laws Ordinance, 1961.[Karachi: Pakistan

Publications] See Section 5, sub sections 1-2. (hereinafter cited as MFLO and Section means Section of

the same). 259 Ihsan Yilmaz, (2011), “Limits of Law: Social Engineering versus Civil Disobedience in Pakistan.”

Journal of Research Society of Pakistan, 48(2), p.32.

128

6.4.2 Polygamy

Reforms legislation was also introduced to limit polygamy. The law required

the creation of an Arbitration Council, a new institution to handle polygamous

marriage, divorce and maintenance. Regarding polygamy, a married man who

wished to contract another marriage was required to obtain written permission from

the council. Each applicant was required to state the reasons for the proposed

marriage and the attitudes of his wife or wives toward giving their consent to the

proposed marriage.260 The Chairman was then to organize the Arbitration Council by

asking the parties involved to nominate their representatives. Upon examination of

the application and if convinced that the proposed marriage was “necessary and

just,” permission was granted.261 In determining what was necessary and just, rules

suggested that the council consider sterility, physical infirmity, physical unfitness for

conjugal relations, and willful avoidance of a decree for restitution of conjugal rights

or insanity on the part of the existing wife.262 Decisions of the council were subject

to appeal.263

A husband who failed to comply with the such regulations was to be penalized

in the following ways; immediate payment of the entire dower to his existing wife or

wives; his wives had the right to immediate dissolution of their marriage;264

imprisonment for up to one year and /or a fine up to 5,000 rupees.265 Furthermore,

marriages contracted without the council’s permission were denied official

260 Ibid; Section 6.2 261 Ibid; Section 6.3 262 The West Pakistan Rules Under the Muslim Family Laws Ordinance 1961(published 20th July,

1961) reproduced in Muhammad Abdul Basit,(2015), Muslim Family Laws with Model Forms

(Rawalpindi & Lahore: Federal Law House) pp.115-127. 263 Ibid; Section 6.4 264 Ibid; Section 13 of the 1961 Ordinance was entitled “Amendment of the Dissolution of Muslim

Marriages Act, 1939, (VIII, 1939)” and directed that following amendment was added to section II

regarding grounds for divorce, “(iia) that the husband has taken an additional wife in contravention of

the provisions of the Muslim Family Laws Ordinance, 1961.” 265 Ibid; Section 6.5 a and b

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registration and thus all cases which might arise from such a marriage were denied

judicial relief.266 Moreover, despite these sanctions, all such marriages continued to be

valid.

6.4.3 Divorce

The Dissolution of Muslim Marriages Act of 1939, although supposed to be

following Maliki law, had in several important instances ignored Maliki doctrine

concerning the grounds for divorce. The Pakistan reforms failed to include the

detailed procedures for arbitration in cases where the wife sued for divorce on the

basis of cruelty or maltreatment. This was especially note-worthy since the Maliki

doctrine was based on a Qur’anic injunction.267 The Ordinance of 1961 employed the

Arbitration Council for all cases of divorce.268

To discourage hasty exercise of the husband’s right of repudiation (talaq), the

new legislation required written notice to the Chairman as well as to the wife.269 A 90-

day waiting period was required during which the Council was to seek to reconcile the

couple.270 The divorce then was not to take effect until the 90-day period had elapsed

or, if the wife was pregnant, until the completion of pregnancy.271

Failure to observe the above procedures was punishable by fine and/or

imprisonment; their penalties were relatively light (up to one year or a fine of up to 5,

000 rupees.)272 This, coupled with the fact that failure to comply with the regulations

regarding the Arbitration Council had no effect on the validity of the divorce,

266 Ibid; Section 6.1 267 The Qur’an, 4: 35 268 MFLO, op.cit; Section 8 269 Ibid; Section 7.1 270 Ibid; Section 7.4 271 Ibid; Section 7.3 and 5 272 Ibid; Section 7.2

130

diminished its effectiveness.273 The new legislation also decreed that al divorces were

revocable and thus remarriage without an intervening marriage was possible, (unless

this was the third such divorce). The reform returned to the Qur’anic law requiring

three divorces, separated by a waiting period, for an irrevocable divorce. As a result, it

eliminated the abuse of talaq al-bid’ah which had caused much social injustice by

circumventing the Qur’anic waiting period (iddah). As a consequence, it also

eliminated the need for both parties who had been divorced by talaq al-bid’ah to

arrange for an intervening marriage before their remarriage was possible.274

In the Ordinance of 1961, the Arbitration Council was employed in yet

another area--a wife’s claim of maintenance. The procedure involving the Council

was similar to that used for polygamy and divorce cases. Prior to the passage of this

law, several remedies were available to a wife who attempted to recover maintenance

due her: application under 488 of the Criminal Procedure Code, a suit for recovery of

maintenance, or, if two year had passed without maintenance, a suit for dissolution of

the marriage. Now the Council had broad powers to review claims involving non-

support or inadequate support and to award or refuse maintenance. Council decisions

were subject to review at the district level by the district supervisor whose decision

was final.275

6.4.4 Succession

From the Juristic viewpoint, a noteworthy reform in the Ordinance of 1961

concerned the law of succession. Section 4 modified the traditional law of inheritance

by introducing the principle of full representation for orphaned grand-children of

273 Yilmaz, op.cit; pp.27-29. 274 MFLO, op.cit; Section 7.6 275 Ibid; Section 9(2)

131

praepositus, i.e., they were to receive “a share equivalent to the share which such son

or daughter as the case may be, would have received, if alive.”276

The reform made direct intervention in the law of succession, insuring the

rights of orphaned grand children, and legislating a reform in the law of succession

despite the lack of traditional authority.

6.5 Assessment of the 1961 Ordinance

Legislative change in Pakistan might be seen as resting on what is termed a

siyasah (political) power of the government.277 However, the Pakistani reformers’ use

of Takhayyur (selection, preference) did not follow Islamically recognized

methodology. State has the power of Takhayyur i.e. choose one or the other school of

law. This was not followed in the Dissolution of Muslim Marriage Act of 1939.

Takhayyur was not employed with proper consistency. The India-Pakistan legislation

of 1939 differed from Maliki opinion regarding scope of desertion, the length of

maintenance period,278 cumulative nature of maintenance,279 and the lack of detailed

procedures regarding arbitration in maltreatment cases.280 Furthermore, from a

traditional juristic point of view, Pakistan’s law continued from 1939 legislation,

arbitrarily veered from Maliki opinion by prescribing divorce by judicial decree

(faskh) rather than judicial repudiation (talaq). This variance was significant not only

because of its departure from traditional way but because of change in the effective

date of a divorce281 since a divorce by faskh results in an immediate final dissolution

276 Ibid; Section 4 277 This is a principle of Muslim jurisprudence. This means that an established Muslim government has

an inherent right to legislate on matter within Islamic teachings and to choose among conflicting

jurisprudential views. 278 N.J. Coulson, (1964), A History of Islamic Law. (Edinburgh: Edinburgh University Press) pp. 219-

229. 279 Ibid; p. 221. 280 Ibid; pp. 222-223. 281 Ibid.

132

whereas talaq does not take effect until the expiration of the wife’s iddah (waiting

period). Consequently, in a suit involving maintenance under Hanbali opinion,

reconciliation is possible if during the iddah period the husband demonstrates his

capability and desire to maintain his wife, whereas Pakistan’s law precludes such

reconciliation.

Legislative action in Pakistan demonstrated a new attitude toward change

based on social need. The inclusion in the law of inheritance by the Muslim Family

Laws Ordinance of 1961 of the rule that orphaned grandchildren are entitled to their

father’s share of a deceased grandfather’s estate provides a clear example of reform

based upon social need. All justices under the British and then Pakistani courts were

trained in the British legal system and so British legal principles, especially those of

justice and equity. Thus, while traditional Islamic law was respected, where it was

judged insufficient to issue a “just” decision, the courts supplemented the law

(departed from strict adherence to Islam law.) A primary instance of such judicial

legal supplementation has concerned the inclusion of stipulations in marriage

contracts, for example. With the exception of the Hanbali school, the Sunni schools of

law do not admit the inclusion of stipulations or conditions concerning the rights of

the marital partners. However, the courts in the subcontinent, although committed to

follow Hanafi law, quietly allowed such agreements in Muslim marriage contracts,

and the action was the result of adoption of Hanbali opinion.

The courts of Pakistan have tended to take a bold position regarding their

powers. In theory, their recognized function and duty is application of Hanafi law as

found in classical legal manuals. However, a clear departure from this position

occurred in 1964 in a decision rendered by the High Court of Lahore in Khurshid Jan

v. Fazal Dad. The question posed by the Court was “Can courts differ from the views

133

of imams and other jurisconsuls of Muslim law (i.e., the authoritative legal texts) on

grounds of public policy, justice, equity and good conscience.”282

After an exhaustive study, the court responded that

“if there is no clear rule of decision in Qur’anic and

traditional texts....a court may resort to private

reasoning and, in that, will undoubtedly be guided by

the rules of justice, equity, and good conscience....views

of the earlier jurists and imams are entitled to the utmost

respect and cannot be lightly disturbed; but the right to

differ from them must not be denied to the present-day

courts."283

The result of these landmark decisions is that the Courts of Pakistan no longer

view themselves as restricted to following (taqlid) the authoritative opinions of the

past. In-stead, where justice and equity demand, it may exercise ijtihad (resort to

private reasoning) based on the following criteria: (a) that the decision meets a social

need and (b) that the regulation is not prohibited by the Qur'an and Sunnah. However,

the ijtihad of the Courts differs from the ijtihad of the past as well as that of many

modernists who would base their ijtihad not only on social need but also on Qur'anic

values. Such an approach insures the Islamic basis and character of reforms and

distinguishes itself from that of the Pakistani Courts whose basis for their

methodology seems indistinguishable from that of rational humanism.284 Such

situation, in a particular divorce case judgement, may be equated with “court’s

282 N.J. Coulson, (1969), Conflicts and Tensions in Islamic Jurisprudence.(Chicago: University of

Chicago Press) p. 106. 283 Ibid; pp. 106-107. The Court’s power to exercise ijtihad was again underscored in Zohra Begum v.

Latif Ahmed in which the court departed from rules governing custody of a minor. The High Court of

Lahore reversed the decision of a lower court and instead allowed a mother continued custody of her

children beyond the ages at which they would usually be turned over to their father. This decision was

justified in terms of the best interests of the child. Ibid; pp. 111-112. 284 John L. Esposito, (1976), Muslim Family Law in Egypt and Pakistan: A Critical Analysis of Legal

Reform, Its Sources and Methodological Problems. (Ann Arbour, Michigan: Xerox University

Microfilms) p.256.

134

conscience” wherein part of the judgment reads: “(J)ust as a husband is given the right

to pronounce ‘talaq’ on his wife, in the same a wife has the right to get the marriage

dissolved on basis of ‘khula’ if she could satisfy the conscience of the court that she

did not want to live with her husband and that she was prepared to return the

benefits.”285It may be noticed that “the court’s reference to a court’s conscience is

more standard-like and less rule-based.” The problem is that while the courts equalise

the rights of talaq and khula , they have also uncertainly as to the exact standard of a

court’s conscience, which is very likely vary from court to court.286

While the reforms introduced through legislation and judicial decision in

Pakistan might have been needed, their lack of a systematic Islamic rationale creates

serious problems. First, it raises questions as to the Islamic character of the laws and

the relationship of the reforms to the body of traditional law. Second, following from

this unresolved theoretical and methodological question, the apparent discontinuity of

many reforms with traditional fiqh brings them under heavy fire from the masses of

the population who tend to be more conservative in outlook. Thus, for example,

besides the strong opposition to the recommendations of the Commission on Marriage

and Family Law of 1955 which delayed legislation until 1961, passage of the Family

Laws Ordinance was followed by continued widespread discontent and debate.287

In conclusion, a review of the methodology of the family law reforms in

Pakistan shows an ad hoc, fragmented approach which has employed, an incomplete

following of takhayyur, and a claim to ijtihad not positively rooted in Islamic values

but negatively based on a lack of conflict with any Qur’anic injunction. The lack of

285 Extract from a judgement quoted in Nadya Haider, (2000), “Islamic Legal Reform: The Case of

Pakistan and Family Law.” Yale Journal of Law & Feminism, p.339. 286 Ibid. 287 See for example, Khurshid Ahmad, (ed.), (1959), Marriage Commission Report X-Rayed: A Study

of the family law of Islam and Critical Appraisal of the Modernist Attempts to ‘reform’ it.(Karachi:

Chiragh-E-Rah Publications)

135

consistency in methodology is reflected in the law itself. Thus, for example, while an

ad hoc measure such as the provision for orphaned grandchildren’s inheritance rights

met a particular need, it disrupted the law of succession in Pakistan. Here, an

orphaned granddaughter of the deceased now excludes the collaterals (brothers and

sisters) of the deceased from inheritance. However, the deceased’s own daughter

would not exclude these same collaterals.Ulama were critical of such like difficulties

which, according to them, showed serous ignorance of shari’ah law.

6.6 Post – 1961 Opposition to the Ordinance

Ayub Khan ignored the ulama and took steps to enforce the Ordinance and

other envisaged programs of modernization in a single-handed fashion. One time

supporter of Ayub Khan’s programmes in his capacity of the head of the

government’s Information Department puts Ulama-Ayub Khan conflict quite

succinctly:

“The ulama felt robbed of their sphere of influence

when he decided to introduce the family laws to

regulate divorce and marriage. They depicted Ayub as a

person who was trying to interfere with the fundamental

tenets of Islam. Ayub did win a fair amount of support

among the educated Muslim women but he alienated

most of the traditional religious circle. Ayub wanted

Islam to serve as a vehicle of progress but his insistence

that Islamic principles must be interpreted in the light of

contemporary realities created great misgivings in

orthodox circles. The ulama opposed him every inch of

the way.”288

288 Altaf Gauhar, (1985), “Pakistan: Ayub Khan’s Abdication.” Third World Quarterly, 7(1), p.124.

136

With regard to the recommendations of Commission on Marriage and Family

Law the ulama objected to almost all the major provisions of the Ordinance. With

regard to divorce, they argued that the law made an absolute right to divorce to the

husband, as it was granted in the Qur’an, into an action dependent on a third party-the

Arbitration Council created by the ordinance. The Qur’an, conditional on taking the

matter to any council or having to obtain a verdict from a court of law: instead, the

Qur’an specifically charges that men are in charge of women.289

The idea of placing restriction on polygamy (four wives apparently sanctioned

by the Qur’an), or even of regarding polygamy as objectionable, is considered by the

ulama as totally foreign to Islam. Muhammad, after the death of his first wife,

Khadijah (to whom he was happily married for a quarter of a century), did have

several wives, and so did most of his Companions. In short, to the ulama of Pakistan,

everything concerned with the Muslim Family Laws Ordinance was anathema. The

government, on the other hand, maintained that the new laws were more truly Islamic

than the preceding practice had been; the government’s reasoning was that the age-old

practice virtually denied individuality to women.290

Even registration of marriages was objected to, not because ulama failed to see

the advantage of registration, for they did; what they objected to was making

registration of every marriage compulsory because the religious law of Islam did not

institute any such office as that of marriage registrar, nor did it require that there be a

Muslim present who would officiate at the ceremony (in general, only two witnesses

to the marriage were required). In the case of this law there was a clear dispute as to

the meaning of the Qur’an. The ulama published a pamphlet condemning the Muslim

Family Laws Ordinance, 1961. The government prohibited the distribution of the

289 Freeland Abbott, (1966), “Pakistan and Secular State” in D. E. Smith. (ed.), South Asian Politics

and Religion. (Princeton: Princeton University Press) p.365. 290 Ibid.

137

pamphlet containing the ulama’s views, and slowly began to enforce the law.291

During the martial law regime, the ulama could not do much to remove the Ordinance

from books.

After the martial law was lifted early in 1963, a bill to repeal the Muslim

Family Laws Ordinance was introduced in the national assembly, the orthodox

elements had chosen this measure as one with which they could fight Field Marshal

Ayub Khan. A standing committee of the national assembly considered the bill to

repeal the Family Laws and recommended that it not passed. President Ayub Khan

refereed the matter to the Islamic Advisory Council. In the West Pakistan provincial

assembly a resolution in favour of the repeal of the Muslim Family Laws Ordinance

was easily passed; it was easier to vote for the resolution and please one’s rural

constituents, than to vote against it and risk one’s political position.

The bill to repeal came to a vote in the national assembly on November 26,

1963, and, after twenty hours of debate, was defeated 56-28. One historian has

described such defeat “an emphatic declaration that whoever was controlling opinion

in the legislature, it was not the ulama.”292 While this is true, the figure 56-28 also

points to the great importance of the ulama in an Assembly of 156. It means that those

present in the Assembly numbered 84 and 72 were not present. They were either not

interested, or they abstained. That is, ulama did carry weight. Government

continuously used its military-backed power for its reform measures. A later, by the

end of 1963, the Fundamental Rights Bill, the first amendment to the 1962

Constitution was passed. It extended somewhat the role of the courts by making all of

the Constitution’s Principles of Law-making defendable in court. But the government

specifically excluded the Muslim Family Laws Ordinance from review.

291 Ibid. 292 London Times, July 3, 1963 discussed in Smith, ibid; p.366.

138

Ayub Khan’s exit came as an upheaval, in turn, a manifestation of

dissatisfaction among variety of interests; social and economic grievances, political

demands for adult franchise with direct elections, issues of provincial autonomy,

aggravated by the Tashkent agreement between India and Pakistan after the 1965 war

which people in Pakistan perceived as the government’s defeat. Added to this was

almost continuous opposition to Ayub Khan’s government by religious parties and

ulama. The activities of ulama presented formidable challenge to Ayub Khan’s

modernistic Programmes which quite often touched religious sentiments and

procedures.

Wheeler (1970) writes of Maududi that he criticised Ayub government in

terms which suggested that Ayub and his Constitution were at best indifferent to

Islam. Other ulama were even more critical of Ayub Kan’s ideas and institutional

reforms including, of course, his Muslim Family Laws Ordinance, 1961. Ayub Khan

delivered “a series of warnings to the public not to be misled by those who exploit

religion to seize political powers.”293 But ulama were not deterred and, in the words of

Gauhar, “opposed him every inch of the way.”294

Religious leaders worked against Ayub Khan, and that greatly contributed to

the erosion of legitimacy of his regime. There was a gradual process of social

polarization which seems to have reached its highest extent by 1967-68. A careful

research into the reasons and events leading to the downfall of Ayub Khan in March

1969, made two points:

“(a) that for about two years before the popular uprising

against Ayub Khan began there had been an intense

‘whispering campaign’ against the President, his family,

293 Wheeler, op.cit; p.253. 294 Gauhar, (1985), op.cit.

139

and his regime; and (b) that the mullahs had played a

leading part turning the people against Ayub Khan.”295

The ‘religious elite’296 controlled the society’s value system and pushed the

legitimacy of the regime to a point so low that a popular upheaval became feasible.

A Pakistani political scientist has presented a case study of religious episode in

the country which illustrates decline of Ayub Khan’s legitimacy to rule. The episode

related to determining the date of celebrating a religio-public festival. In determining

the date, the weight of the religious sector was brought to bear on the regime, openly

challenging the authority of the regime. The episode297 began during the night

between January 11-12, 1967. January 11, a Wednesday, was also the 29th day of

Ramadan, traditionally the holy lunar month of dawn-to-dusk fasting, prayers, and

devotion for Muslims the world over. Ramadan observances have extremely high

following even among normally nonconformist and unorthodox Muslims. These

observances also have a strong societal appeal.

The impact of traditional values and religious observances during Ramadhan

in Pakistan is increased manifold. All mosques are full to capacity for all the five

prayers each day; one has to go early to get a place inside a mosque for the two

prayers after sunset and the one before sunrise. On Fridays, the Muslims equivalent of

the Sabbath, congregations spill out into the areas surrounding the mosques, including

the highway. The social impact of Ramadhan is that the intensity of interaction among

members of a Muslim society through religious observances is heightened; common

identity in religious terms is reinforced, and the level of friendliness increased; and

295 Kalim Siddiqui, (1975), The Function of International Conflict: A Socio-Economic Study of

Pakistan. (Karachi: Royal Book Company) p.152. 296 The Phrase has been borrowed from Asaf Hussain’s book Elite Politics in an Ideological State:

The Case of Pakistan. Which treats of six types of elite, one of them being religious elite, in that

country. 297 This description is based on Siddiqui, op. cit. pp. 154-161.

140

the amount of socio-religious activity is maximized.298 The major annual Muslim

festival called Eid is celebrated on the first day of Shawal-the lunar month of the

Muslim calendar following Ramadhan. In Muslim families, Eid is a day of great

rejoicing; the rejoicing is not only because the hardship of fasting ends, but, the

Faithful believe, it is for God’s mercy in having allowed those who lived through

Ramadhan the opportunity to add so enormously to their spiritual experience and

well-being that it would stand them in good stead in the Hereafter. The massive

congregations that assemble in huge open spaces on Eid day are a testimony to the

social impact of Ramadhan.

The issue on the evening of January 11, 1967, was whether the new moon had

been sighted, whether Ramadhan had ended; and whether it was Eid the following

morning (January 12, a Thursday). The Government, anxious that the whole nation

should celebrate Eid on the same day, set up Committee to collect evidence from all

parts of Pakistan, and to take a decision on whether the nation would or would not

celebrate Eid on the certain day. The weather was either cloud not hazy in most parts

of both East and West Pakistan. No immediate announcement came from the

Committee, and most people prepared for another day of fasting. Then at some time

between 9 and 11 p.m., the Committee’s decision that the moon had been sighted and

that Eid would be celebrated on January 12 was announced between 9 am to 11 p.m.

The decision was immediately challenged by the ulama. During the night, the regime

tried to persuade the ulama to accept the committee’s decision. A few leading ulama

were invited to a hurriedly convened meeting at Government House, but there was no

agreement. At 12.30 a.m., the Government–controlled sirens were sounded in all

298 Ibid; pp.154-155.

141

cities and towns throughout Pakistan to indicate that Eid was that day. To counter the

Government’s monopoly of the media, the traditional sector mobilized cars and

tongas (horse carriages) fitted with loudhailers. These patrolled the streets of all urban

centers asking the Faithful not to observe Eid that day.299 The larger mosques also

announced that they would not hold Eid prayers that day and that the Faithful should

ignore the government decision and fast for one more day. There was a great

confusion and acrimony. Something less than 4 percent of the people in the country

went along the Government and celebrated the festival. The rest followed the

religious leaders, and the influence of the religious leaders was thus demonstrated.

Siddiqui (1975) writes that despite conflict between political leadership in East

Pakistan and that in West Pakistan, there was essential unity among religious leaders

in the two parts of Pakistan. This was illustrated by the episode. The East Pakistan

ulama were not prepared to believe a Government committee; a religious leader told

the print media that he had been in touch with ulama in Karachi and that Karachi

ulama did not believe the Government either. So the East Pakistan ulama would

follow West Pakistan ulama but not the Government based in West Pakistan (the

capital of the country being located in West Pakistan!)

The sporadic disorders in the country became more serious amd more

organized this demonstration of strength by the religious leadership. Zafar (1970), a

minister in Ayub Khan’s cabinet describes the “maddening events” that broke out

after January 1967.300 Interestingly, in March 1967, came a railway strike amid food

shortage; it “was almost a success, [and] shook the government.”301 The last in the list

of such events is dated March 25, 1969. “Broadcast by Field Marshal Mohammad

299 Ibid. 300 S.M. Zafar, (1970), Through the Crisis. (Lahore: Book Centre) pp.119-146. 301 Ibid; p.123.

142

Ayub Khan that he had invited the Commander-in-Chief to perform his constitutional

duty. Martial Law was imposed.”302

The new government made no changes in Muslim Family Laws Ordinance,

1961. The Martial Law of 1969 set out to rewrite the Constitution and restructure the

institutions. Initially, it undid the One Unit, i.e., the province of West Pakistan which

had been created by uniting the four provinces of Punjab, Sindh, the North West

Frontier Province (now Khyber Pakhtunkhwa) and Baluchistan into on province back

in 1955. This open the Pandora box of regionalist sentiments localist pressures. Under

a Legal Framework Order, 1970, elections were held which threw up two strong

regionalist parties that could not agree on a Constitution and the country disintegrated

as a result of civil war and external intervention on the side of what heretofore was

East Pakistan and became Bangladesh.

The Western wing became (new) Pakistan wherein the those elected under the

1970 Legal Framework Order became members of (new) Pakistan’s Constituent

Assembly, also functioning as legislative assembly till the making and putting into

work of a new Constitution. What is of great interest here is that resistance against the

Muslim Family Laws Ordinance, 1961 of Ayub Khan made its entrance into the

legislative process again.

6.7 The 1972 Muslim Family Laws (Repeal) Bill and Its Rejection

In 1972, Malik Karam Bakhsh Awan, a member of the new assembly

constituted after the dismemberment of the pre-1971 Pakistan, brought in what was

called Muslim Family Laws (Repeal) Bill. Debate on the Bill was brisk. The mover of

the Bill emphasized that the Marriage and Family Laws Ordinance, 1961 was against

302 Ibid; p.146.

143

the teachings of Islam. The debate mainly focused on more than one marriage. The

mover and his supporters argued that the Ordinance denied the Muslim male the right

which the Muslim Law gave him to marry a second wife; it also denied the right of a

Muslim female to marry an already married man. Provisions with regard to

registration of marriage also came under the criticism of the supporter of the Repeal

bill. Their contention was that it was strange that an unregistered marriage would be

unlawful!303 An amendment to the Repeal bill was moved, proposing that the bill be

referred to the Advisory Council for Islam Ideology and the District Bar Associations

(of lawyers) to elicit public and expert opinion.

The women members opposed both the Repeal bill as well as the reference

amendment. Their argument, based on the argument of the original 1955 commission

report, was that permission for more than one wife was for a crisis situation and even

then on the condition that a man could justly treat more than one wife.304 In present

time, in their view, “no man could justly treat more than one wife.”305 According to

them, the relevant clause relating to more than one wife had had been wrongly

interpreted by the ulama. They argued that the conditions laid down in the Ordinance

for a man to seek permission from first wife were in line with the Qur’anic teachings.

They further strongly contended for provision of sustenance to the first wife and her

children. They also proposed that there should be further legislation for relief to the

303 Speeches by the mover, Malik Karam Bakhsh Awan and two of his main supporters namely,

Maulana Abdul Haq and Maulana Ghulam Ghaus Hazarvi in National Assembly Debates (Pakistan)

Vol. No. 24, 1972, pp. 1405-26. 304 Mian Abdur Rashid, (1959), “Marriage Commission Report” in Khurshid. Ahmad, (ed.), Marriage

Commission Report X-Rayed: A Study of the family law of Islam and Critical Appraisal of the

Modernist Attempts to ‘reform’ it. (Karachi: Chiragh-e-Rah Publications) pp.68-69. 305 Afzal, op.cit; p. 99.

144

divorced woman; “[S]he should be given sustenance through the government within

thirty days of the divorce.”306

The women MNAs strongly opposed the suggestion to refer the Repeal bill to

the Advisory Council and Bar Associations. They proposed an in-House committee.

Eventually, both the Repeal bill and various amendments in connection with the bill

were rejected by the National Assembly.307 Relieved of the anxiety regarding possible

repeal of Muslim Family Laws Ordinance, 1961 or any material modification thereof,

women were ready to make a case for substantial increase in reserved seats for

women. The next chapter takes up the whole issue of women’s reserved seats in

Pakistan.

306 Ibid; p.100. 307 Ibid.

145

Chapter 7

Women’s Substantive Representation II: Reservation of

Seats in the Legislature

The previous chapter emphasized the struggle undertaken by the women from

well-to-do and educated strata of the country for women’s rights. In particular, the

chapter dealt with family laws which had created conditions to make life of women

miserable and pathetic. A major reason for such misery was seen in the

misconstruction of Islamic teachings on the subject, overlaid with customs/practices

of regions where Islamic religion spread, including the Subcontinent.

Women’s struggle to effect change in family law became successful under an

authoritarian regime backed by the military. Early democratic regimes, although quick

to set up reform commissions on the subject, remained reluctant to undertake any

practical measures. Ayub Khan, backed by military, introduced Muslim Family Laws

favourable to women. He also defended such laws during his regime against all the

criticism that came from religious leaders and other elements against such measures.

Women also defended Ayub Khan’s measures, and Muslim Family Laws Ordinance

1961 is still law of the land. Ayub Khan successfully represented women

substantively, i.e. represented them by bringing about a situation in favour of

women’s interest.

Overtime, there has been emphasis on increasing women’s seats in legislative

bodies. Theories abound, some gaining influence on their emphasis that there is to be

146

a “critical mass,”308 some emphasising 30% women’s membership in legislatures for

effective female representation.309 Women in Pakistan, by themselves and with help

from international agencies, pushed their case for enhancement of seats in legislative

bodies.310 But democratic regimes, i.e. governments coming to power under electoral

procedures, did not take any substantial measure on the subject. Like Ayub Khan, it

was again a military General who enhanced women’s reserved seats in the legislative

bodies. This chapter deals with women’s struggle in Pakistan for enhanced number of

seats and substantial success achieved during a regime backed by the military at the

start of the twenty first century.

7.1 Early Struggle for Women’s Reserved Seats

Women’s activism for reserved seats started during British rule in India and

achieved a nominal success in 1917 when they were able to discuss women’s

franchise with the then Secretary of State for India, Edwin Montague.311 Not much of

substance came out of such discussions. However, a later committee, i.e. Joint

Parliamentary Committee on Franchise in India did agree on women’s right to vote on

the basis of certain conditions (particularly education and property) in provincial

assemblies, and some of the provinces did extend the right to vote for women.312An

308 Kathleen A. Bratton, (2005), “Critical Mass Theory Revisited: The Behavior and Success of Token

Women in State Legislatures.” Politics and Gender, 1(1), p.111. Other studies include

Sarah Child and Mona Lena Krook, (2008), “Critical Mass Theory and Women’s Political

Representation.” Political Studies, 56, pp. 725-736

Jeffrey Kurebwa, (2017), “The Critical Mass Theory and Quota Systems Debate”. International Journal

of Humanities Social Sciences and Education, 4, pp. 1-10 309 Karen Beckwith, Kimberly. Cowell Meyers, (2007), “Sheer Numbers: Critical Representation

Thresholds and Women’s Political Representation”. Perspectives on Politics, 5(3). 310 Aurat Foundation, (2012), Legislative Quotas for Women: A Global & South Asian Overview of

Types and Numbers. (Islamabad: Aurat Publication and Information Service Foundation) 311 The Secretary of State for India, or India Secretary, was the British Cabinet minister and the

political head of the India Office responsible for the governance of Aden, British India and Burma. The

post was created in 1858 when the East India Company's rule in Bengal ended and British India was

brought under the direct administration of the government in London, beginning the official colonial

period under the British Empire. 312 Farzana Bari, (2009), The Role and Performance Assessment of Pakistani Women Parliamentarians

2002-07. (Islamabad: Pattan Development Organization), pp. 36-37.

147

important success came when women gained right to be represented in the envisaged

bicameral legislature under the Government of India Act, 1935. The Act contained

two types of legislative bodies at the federal level, namely, the Council of the State (a

kind of upper house) and the federal assembly(a kind of lower house). In the Council

of State, six seats were reserved for women; six provincial legislatures were each to

choose and send one woman legislator to the Council of State. The other Federal level

legislative body was called Federal Assembly was to have nine seats reserved for

women, again to be chosen from designated important provinces in the country. Seats

were also allocated for women to become members of Provincial Legislative

Assemblies.313 Again, there were two types of legislative bodies at the provincial

level: Provincial Legislative Council and Provincial Legislative Assemblies. Only

three provinces were to have councils for which no representation was given to

women. However, all provinces were to have legislative assemblies and total

representation of women in such assemblies came to 41. The distribution in legislative

institutions is given in the table below:

Table 7.1: Women’s Reserved Seats at Various Legislative Levels in Government

of India Act, 1935

Legislative Level Seats Reserved for

Women

Percentage of Seats

Reserved for Women

A. Federal Level

i. Council of State

ii. Federal Legislative Assembly

6

9

10.71

16.07

B. Provincial Level

i. Provincial Legislative Council

ii. Provincial Legislative

Assemblies

--

41

--

73.22

313 Mona Lena Krook, (2009), Quotas for Women in Politics: Gender and Candidate Selection Reform

Worldwide. (New York: Oxford University Press) p.59.

148

Total 56 100.00

Source: Adapted from Government of Pakistan, Ministry of Law and Parliamentary

Affairs (Law Division), (1964), Constitutional Documents. Vol. II: Government of India

Act, 1935 and other Acts concerning to it. (Karachi: Manager of Publications) pp. 256-

258 and 290-291.

7.2 Post-Independnce Struggle for Reserved Seats

According to the Indian Independence Act of 1947, after becoming a dominion,

Pakistan was to prepare a constitution, promulgation of which would transform the

country into a republic. The machinery for Dominion State was suggested in the

Independence Act, viz: Constituent Assembly of Pakistan (CAP) which was, in fact,

inaugurated on August 11, 1947. There were two women members in the Constituent

Assembly, namely, Begum Jahanara Shahnawaz and Begum Shaista Ikaramullah.314

In its work, CAP appointed some committees and subcommittees to thrash out several

constitutional issues. An important committee was the Basic Principles Committee

(BPC). In its Interim Report in 1950, the BPC made no reference to women’s issues,

nor did it indicate anything regarding reserved seats for women in the legislature. The

full Report was presented some two years later, in December 1952. This BPC Report

made a few specific provisions for the females. “The Directive Principles of State

Policy” in the Report laid down that the state should endeavour to ensure that, besides

children and youth, women were not subjected to exploitation or made to enter

avocations unsuited to their age and sex.315 Every citizen, irrespective of sex, who had

attained the age of 21, was entitled to have the right to vote.316 The Report did not

recommend any reservation of separate seats for women; women could, of course,

contest elections from general constituencies.

314 Khawar Mumtaz and Farida Shaheed, (1987), Women of Pakistan: Two Steps Forward One Step

Back? (Lahore: Vanguard Books Ltd.) p.56. 315 See “Report of the Basic Principles Committee” in Safdar Mahmood, (1993), A Political Study of

Pakistan. (Lahore: Sang-e-Meel Publications) p.56. 316 Ibid; p. 70.

149

In 1953, Prime Minister Nazimuddin was dismissed before the CAP could

discuss the BPC Report. It was not till October-November 1953 that the CAP took up

the discussion of the Report during the prime ministership of Muhammad Ali Bogra.

Before that, the All-Pakistan Women’s Association (APWA), the most active women

organisation, demanded that ten seats should be reserved for women in the National

and provincial Assemblies for at least ten years.317 The consideration of the Report

was again deferred. Final discussion of the BPC Report took place during the July-

September 1954. In this session, Begum Shahnawaz presented a “Charter of Women

Rights.”318 This Charter asked for reservation of 3 per cent seats for women in the

central and provincial assemblies. It also demanded equality of status and opportunity,

equal pay for equal work and guarantee of rights for Muslim women under the

Muslim personal law. The Charter was debated in the CAP.

After a prolonged discussion, the demand for reservation of seats was accepted.

The BPC Report that was adopted by the CAP in 1954, made provision to this effect.

The reservation was about two per cent in the House of Units (Upper House) and

more than four per cent in the House of People (Lower House). The Upper House, in

addition to its normal strength of 50, was to have two additional seats reserved for

women; one was to be filled by the provincial legislature of East Pakistan and the

other by an electoral college in West Pakistan. In the Lower House of 300 members,

14 additional seats were reserved for woman which were to be filled indirectly by

women voters only. The territorial allocation of women seats was as follows.319

317 Mumtaz & Shaheed, op.cit; p.53. 318 Nabeela Afzal, (1999), Women and Parliament in Pakistan 1947-1977. (Lahore: University of the

Punjab) p.24. 319 Ibid; p. 140.

150

Table 7.2: Territorial Allocation of Women’s Seats in Legislature

Provinces and Sates Women’s

Seats in

Legislature

Percentage of

Women’s Seats

in Legislature

East Pakistan 7 50.00

Punjab 3 21.43

Sind and Khairpur 1 7.14

NWFP Frontier States and Tribal Areas 1 7.14

Baluchistan, Baluchistan States Union and Bahawalpur 1 7.14

Karachi, the Federal Capital 1 7.14

Total 14 100.00

Source: Nabeela Afzal, (1999), Women and Parliament in Pakistan 1947-1977. (Lahore:

University of the Punjab) p.25.

The federal legislature was to determine the women constituencies. This

reservation was for a period of ten years, as demanded by women. The age-limit for

the right to vote remained at 21 years. This constitutional document was an

improvement on the earlier constitutional drafts as far as the constitutional status of

women was concerned. The CAP adopted the constitutional report on September 21,

1954, and it then adjourned to reassemble to finalise the constitution on October 27.

Before the constitution could take a final shape, the Governor General dissolved the

CAP on October 23. A legal battle ensued in the higher courts of Pakistan about the

constitutionality of the Governor General’s action.320 The result was the election of a

New Constituent Assembly in May-June 1955. This Assembly did not contain any

woman member.

320 Mehmood, op.cit; p.232.

151

The two women members advocated with the best of their ability for reserving seats

for women. Eventual success to the idea was came in 1956 Constitution noted below.

Number of seats reserved for women in the 1956 Constitution was quite meagre.

Indeed, the governments coming to power through electoral process were not

courageous enogh to reserve legislative seats for women. The same was true of the

first two military (backed) regimes of Ayub Khan (1958-69) and Yahya Khan (1969-

1971). They fixed unsubstantial number of seats for women in the National Assembly

as is evident from the Table7.3. The next two military (backed) regimes of Zia-ul-Haq

and Pervez Musharref may be said to have performed the act of substantive

representation of women when they substantially increased the number of reserved

seats, Musharraf more phenomenally then Zia. The rest of chapter elaborates point in

more detail.

Table 7.3 Number of Women Legislators in Pakistan from 1947 todate

Year Number of Women in National Legislature

A B C D

Tenure of

Assembly

Total

Seats

Women

Elected on

General Seats

Percentage Women Elected

on Reserved

Seats

Percentage Total

Percentage

(B+C)

1947-54 69 0 0.00 2 2.89 2.89

1955-58 80 0 0.00 0 0.00 0.00

1962-65 156 0 0.00 6+2* 5.13 5.13

1965-69 156 0 0.00 6 3.85 3.85

1972-Jan 1977 144 0 0.00 6 4.17 4.17

March1977-

July1977

210 1** 0.48 10 4.76 5.24

1985-88 217 2 0.92 20 9.22 10.14

1988-90 217 4 1.84 20 9.22 11.06

152

1990-93 217 2 0.92 0 0.00 0.92

1993-96 217 4 1.84 0 0.00 1.84

1997-99 217 6 2.76 0 0.00 2.76

2002-07 342 14 4.09 60 17.54 21.63

2008-13 342 15 4.39 60 17.54 21.93

2013-to date 342 9 2.63 60 17.54 20.17

Sources: Inter-Parliamentary Union, (1995), Women in Parliaments, 1945–1995. (World Statistical

Survey. Geneva: Inter-Parliamentary Union) p.199 and Farzana Bari, (2009), The Role and

Performance Assessment of Pakistani Women Parliamentarians 2002-07. (Islamabad: Pattan

Development Organization), p.67.

*2 more seats for women were increased in 1964. **The first woman elected to a general seat did not enter the National Assembly because her party

boycotted the Assembly following the elections.

7.2.1 Constituion-Making by the 1955 Federal Assembly

The new Assembly of 1955 did frame the Constitution of 1956, but did not

follow the previous reports regarding houses of legislature. It decided to have a

unicameral, rather than a bicameral, legislature by the name of National Assembly of

Pakistan. The Assembly was to have 300 members, with additional 10 seats reserved

for women. The women reserved seats were to be equally distributed between the two

provinces. These seats were to be filled indirectly by women voters. Similarly, in the

two provincial assemblies, each consisting of three hundred members, ten additional

seats were reserved for women for a period of ten years, which were to be filled on

the pattern of the seats in the National Assembly.

The 1956 Constitution provided for fundamental rights which were of great

concern to women. It provided that all citizens were equal before law and all were

entitled to equal protection of law.321 There was to be no discrimination against any

citizen on the basis of race, religion, caste, sex or place of birth in respect of access to

321 Government of Pakistan, [1956], Constitution of the Islamic Republic of Pakistan,1956.(Karachi:

Manager of Publications) , Article 5.

153

places of entertainment or resort. There was the further statement that special

provisions could be made for women for this purpose.322 There was to be no gender

discrimination for appointments in the services of Pakistan.323

The 1956 Constitution was modeled on the pattern of British parliamentary

system. In that system, the prime minister heads the government and acts as the chief

executive in consultation with the cabinet. Both the prime minister and the cabinet are

severaly and collectively responsible to the legislature. Given that Pakistan did not

possess the culture of convention which underpinned the 1956 Constitution, there

ensued lots of instability. The country had four prime ministers within the period of

two and half years i.e between March 1956 and October 1958. Apart from instability

at the Federal level, there were frequent changes of ministries and social unrest in the

two provinces. In East Pakistan, four ministries fell in a period of six months, between

February 1958 to August 1958, eventually leading to murderous attack on the deputy

speaker of the provincial assembly. Provincial assembly in West Pakistan contained

influential landlords who were against any land reforms. On the other hand, they were

evicting landless peasants and agricultural labourers. Food shortages were becoming

acute and “caused deep political commotion in both wings of the country.”324 The

situation eventuated into Martial Law in October 1958 declared by the elected

President, Iskander Mirza. The 1956 Constitution was abrogated during the next three

weeks, General Muhammad Ayub Khan, who was initially appointed as chief Martial

Law Administrator, replaced the President.

322 Ibid; Article 14. 323 Ibid; Article 17. 324 Hamid Khan, (2001), Constitutional and Political History of Pakistan. (Karachi: Oxford University

Press) p.117.

154

7.3 Reserved Seats under Ayub Khan

In 1960, Ayub Khan appointed a constitution commission which had two

women advisors, namely, Begum Shahnawaz and Begum Samshun Nahar Mehmood.

The Commission recommended separate seats to be reserved for women apart from

their right to contest elections from general constituencies. Accepting the

recommendations the 1962 Constitution reserved seats for women as discussed below.

7.3.1 1962 Constitution: Reserved Seats for Women

Table 7.4: Seats Reserved for Women in 1962 Constitution

Sr No Name of Legislature Number of Seats Reserved for Women Total

East Pakistan West Pakistan

1 National Assembly

Pakistan

3 3 6

2 Provincial Assembly

East Pakistan

5 - 5

3 Provincial Assembly

West Pakistan

- 5 5

Total 8 8 16

Source: Mona Lena Krook, (2009), Quotas for Women in Politics: Gender and Candidate Selection

Reform Worldwide. (New York: Oxford University Press) pp.62-63.

7.3.1.1 Election Procedures

There was to be division of each province into three zones for the purpose of

elections to the seats exclusively reserved for women in the National Assembly.

Similarly, each province was to be divided into five zones for the purpose of elections

to the seats exclusively reserved for women in the Provincial Assembly.

The 1962 Constitution provided that the persons elected as members of a

Provincial Assembly were to elect five candidates to the seats reserved exclusively for

women in the Provincial Assembly; and after that all the persons elected as members

of the Provincial Assembly should similarly elect three candidates to seats exclusively

reserved for women in the National Assembly. However, on the eve of nomination

155

day, the law relating to the election of candidates for seats exclusively reserved for

women was amended by a Presidential Order. The law, as it came to stand, provided

that all the members-elect of the Provincial Assembly would vote for five candidates

from the five zones in case of Provincial Assembly and for three candidates from the

three zones in the case of the National Assembly. The amendment issued provided

that members-elect from a particular zone would vote for a candidate from that zone

only.325

Table 7.4.1: Process of Election of Women on Reserved Seats in 1962 General

Elections

Steps in Election National Assembly Provincial Assemblies

East Pakistan West Pakistan East Pakistan West Pakistan

Reserved seats for

women 3 3 5 5

Number of nominations

filed 9 14 17 33


rejected - - - -


found valid 9 14 17 33


withdrawn 2 3 - 5

Number of members

elected unopposed - - 1 -

Number of candidates

contested 7 11 16 28

Number of members

returned 3 3 5 5

Source: Government of Pakistan, (1963), Pakistan General Elections,1962. (Karachi: Manager of

Publications), pp.66-68.

As the Table above indicates, in East Pakistan, 17 candidates filed nomination

papers in respect of the Provincial Assembly constituencies. In West Pakistan

325 Government of Pakistan, (1963), Pakistan General Elections,1962. (Karachi: Manager of

Publications), p.67.

156

nomination papers were filed by 33 candidates. For National Assembly

constituencies, 9 candidates were nominated from East Pakistan, and 14 candidates

were nominated from West Pakistan.326

Whereas in East Pakistan no objection was taken to the acceptance of the

candidature of any of the women candidate, in West Pakistan the eligibility of one of

the candidates to the National Assembly reserved seat was unsuccessfully challenged

by the rival candidates.

Five nomination papers of candidates for election to the Provincial Assembly

and one nomination paper of a candidate for the National Assembly were rejected in

East Pakistan.327 There were altogether ten withdrawals, two in East Pakistan and

eight in West Pakistan before the Election Day. The two withdrawals in East Pakistan

related to the National Assembly constituencies. In West Pakistan, however, 3 related

to National Assembly constituencies and 5 to the Provincial Assembly constituencies.

328 The constitutionally mandated numbers of women members were returned i.e. 6 to

the National Assembly and 10 to the Provincial Assemblies, 5 for East Pakistan and 5

for West Pakistan.

During Ayub Khan’s presidential government, there were two general

elections, those in 1962 and those in 1964-65. Thus, there were two elected assembly

periods, i.e.1962-64 and 1965-69. There were three women legislators in the National

Assembly from East Pakistan and three from West Pakistan. There is this interesting

fact that, in the case of West Pakistan, the three women who were member of the

National Assembly of Pakistan during the 1962-64 period, were returned as members

during the 1965-69 period. On the other hand, in the case of East Pakistan, none of

326 Ibid. 327 Ibid. 328 Ibid.

157

three women during 1962-64 was returned as member of the National Assembly. All

three were replaced by three new women. This is shown in the Table 7.5 below:

Table 7.5: Province-wise Women Legislators on Reserved Seats During Two

Tenures of National Assembly 1962-64 & 1965-69

Name of Assembly Tenures of Assembly and Name of Members

East Pakistan 1962-64 1965-69

Begum Shamsun Nahar Replaced

Begum Serajun Nessa Chowdhury Replaced

Begum Roquyya Anwar Replaced

Begum Maryam Hashimuddin

Ahmad

Begum Razia Faiz

Begum Dolly Azad

West Pakistan Begum Khudeja G.A. Khan

Begum Khudeja G.A. Khan

Begum Zari Sarfraz

Begum Zari Sarfraz

Begum Mujeebun Nisa Mohammad

Akram

Begum Mujeebun Nisa Mohammad

Akram

Source: Nabeela Afzal, (1999), Women and Parliament in Pakistan 1947-1977. (Lahore: University of the

Punjab) pp.37-38.

The question regarding enhancement of women’s reserved seats came up for

debate in 1964 when the National Assembly was seized with bill regarding electoral

college to elect president. A female member, Roqya Anwar, was the mover of an

amendment. She advocated that there should be twenty-five per cent seats in the

national legislatures reserved for women. Her amendment had supporters and

opponents. Its supporters argued that men did not like to work along with women, and

that men wanted to exclude women from all spheres of activity. They advocated the

need for reservation of seats for women to protect their rights. Reservation of around

25% of seats was demanded.329 The opponents, who included Begum Khadija G. A.

Khan, opined that fundamental rights like the right to caste vote in elections and the

329 Afzal, op.cit;pp.28-29.

158

right to contest elections for public affairs were already there for women. They had

the freedom to participate in all public affairs and decisions pertaining to the country.

Such participation would add to awareness and further understanding of the political

life. In her view, if women had reserved seats the growth of political awareness

among them would stop. Therefore, a recommendation from the opponents of

reserved seats was that women contest in general elections without reserved seats.

This would create self-confidence among them. The amendment to enhance twenty

five percent seats to be reserved for women was rejected. The National Assembly did

adopt a proposal relating to setting up separate polling booths for women during the

elections.330

7.3.2 Issue of Reservation of Seats for Women

Issue of reservation of seats for women remained alive during Ayub Khan’s

post-1964 elections. Proposals were made in the National Assembly and the

government’s law minister stated in 1967 that increase would come as part of

comprehensive legislation raising the number of total seats in the National Assembly

from 150 to 200. Such ministerial statements were not later owned by the party in

power. This led to an entirely new debate wherein women demanded reservation of

seats at various tiers of local government, namely, district and union council levels. 331

Ayub Khan who had claimed, in 1958, to have come as a savior of the country and

gave a new, presidential as opposed to parliamentary/westminster model, had to quit

in 1969 amidst political turmoil and opposition, both to his system as well as his

person. The then commander-in-chief of the army imposed martial law and set to

change the politico-administrative structure and hold elections. He undid the One Unit

which had been achieved in 1955 by putting four western wing provinces into one

330 Ibid; p.29. 331 Krook, op.cit; p.64.

159

province, the other being East Pakistan, renamed from East Bengal. The Legal

Framework Order, 1970, promulgated by General Yahya Khan also set out the

methods of new elections and return of democratic government.

7.4 Reservation of Women’s Seats Under Legal Framework Order, 1970

For separate representation of women in the National Assembly and the Provincial

Assemblies and the method of election for the seats reserved for women, the Martial

Law government of Gen. Yahya Khan decided in consultation with the Chief Election

Commissioner at the stage of drafting the Legal Framework Order, 1970.332 Under

Article 6 (3) and (4) of the Legal Framework Order, 1970, it was laid down that:

(a) “The number from a province for the seats reserved for women in the National

Assembly shall be elected by persons elected to the general seats in the

National Assembly from that province in accordance with law; and

(b) The members for the seats reserved for women in a Provincial Assembly shall

be elected by persons elected to the general seats in that Assembly in

accordance with law.”333

The members elected from the general seats from the Centrally Administered

Tribal Areas in the National Assembly were ineligible for voting for the purpose of

elections to the reserved seats. Number of seats for National Assembly of Pakistan

was as follows:

332 Government of Pakistan, Election Commission of Pakistan,[1972], Report on General Elections

Pakistan 1970-71. Vol.1.[Islamabad] p.163. 333 Government of Pakistan, [1970], Legal Framework Order, 1970. Retrieved on 15 May 2015, from

http://pakistanspace.tripod.com/archives/70lfo.htm.

http://pakistanspace.tripod.com/archives/70lfo.htm

160

Table 7.6: Province-wise Apportionment of National Assembly Seats (with

Reserved for Women) Under Yahya Khan Legal Framework Order, 1970

Name of Province General

Seats

Percentage

of General

Seats

Seats

reserved for

Women

Percentage of

Seats

reserved for

Women

Total

East Pakistan 162 95.86 7 4.14 169

Punjab 82 96.47 3 3.53 85

Sind 27 96.43 1 3.57 28

Baluchistan 4 80.00 1 20.00 5

NWFP 18 94.74 1 5.26 19

Centrally Administered Tribal Area 7 100.00 - - 7

Total 300 95.85 13 4.15 313

Source: Iftikhar Ahmad (1976), Pakistan General Elections 1970. (Lahore: South Asian

Institute, University of the Punjab) p.141.

Thus, the National Assembly and the Provincial Assemblies which were to be

elected directly on the basis of adult franchise contained an element which was to be

elected indirectly by the members of these assemblies themselves.

Under the Legal Framework Order, 1970, a total number of 13 seats were reserved

exclusively for women in the National Assembly in addition to the 300 general seats.

Of these, 7 were allocated to East Pakistan, 3 to the Punjab and 1 each to Sind,

Baluchistan and the N.W.F.P. The Centrally Administered Tribal Areas were

excluded from the allocation made.

A similar reservation of seats for women was made in the Provincial

Assemblies, namely 10 in the East Pakistan Assembly, 6 in the Punjab, 2 each in Sind

and N.W.F.P and 1 for Baluchistan. On the basis of population, Baluchistan did not

qualify for a seat but was given weightage of one reserved seat under the law.

161

Table 7.6.1: Number of Seats in Various Provinces according to Legal

Framework Order, 1970 with Seats Reserved for Women

Name of Province General

Seats

Percentage

of General

Seats

Seats reserved

for Women

Percentage of

Seats reserved

for Women

Total

East Pakistan 300 96.77 10 3.23 310

Punjab 180 96.77 6 3.23 186

Sind 60 96.77 2 3.23 62

Baluchistan 20 95.24 1 4.76 21

NWFP(now Khyber

Pakhtunkhwa)

40 95.24 2 4.76 42

Total 600 96.62 21 3.38 621

Source: Government of Pakistan, Election Commission of Pakistan, (1972), Report on

General Elections Pakistan 1970-71. Vol-I, [Islamabad] p.33.

Under the Delimitation of Constituencies Order, 1970, each province was to be

divided into as many single-member constituencies as the number of seats reserved

for women in the National Assembly and each Provincial Assembly. Thus, although

the members for the reserved seats for the National Assembly or a Provincial

Assembly were to be elected by the persons elected from a province to the National

Assembly or to Provincial Assembly concerned, they were to represent single-

member constituencies.334

Women were eligible for seeking election from general seats as well.

7.4.1 Disruption in the 1970 Elections

Riots against Ayub Khan brought in the military against the wishes of

politicians. Differences over the federal setup and animosities among politician from

the two provinces of Pakistan’s federation grew acute by 1970. This situation along

with devastating flood in East Pakistan disrupted the election process in 1970,

334 Government of Pakistan, Election Commission of Pakistan,[1972], Report on General Elections

Pakistan 1970-71. Vol.1.[Islamabad] p.164.

162

culminating in civil war and eventual dismemberment of the federation. What is of

interst here is the disruption in process of election of women to the general and

reserved seats.With regard to election of women on general seats, following table

indicates the situation:

Table 7.6.2: Province-wise Participation of Women on General Seats in 1970

Elections.

Provinces Eligible for Seeking Election from

General Seats

Returned Candidate

East Pakistan 3 0

Punjab 1 0

Sind 5 0

Baluchistan 0 0

NWFP(now Khyber

Pakhtunkhwa)

0 0

Total 9 0

Source: Government of Pakistan, Election Commission of Pakistan,[1972], Report on General

Elections Pakistan 1970-71. Vol.1.[Islamabad] p.165.

For the National Assembly, 9 women candidates sought elections from the

general seats, of which 3 were from East Pakistan, one from Punjab, five from Sind

and none from the N.W.F.P. and Baluchistan. No woman candidate was, however,

returned from any general seat.

Nomination papers for women’s reserved seats were to be filed at Dacca

where National Assembly was to meet. Regarding the seven seats reserved for women

in the National Assembly from East Pakistan, only seven candidates fielded their

nominations, all being nominees of one political party. Their nomination papers were

found to be in order and they were declared elected unopposed. Owing to disruption

and boycotts of the Assembly, such of the women candidates from the West wing as

were present in Dacca on the nomination day were allowed to file their nomination

163

papers. Actually, three nomination papers, one form Sind, one from N.W.F.P. and one

from Baluchistan, were filed.

Disruptions became acute because of polarisation among politicians. Winner

in East Pakistan demanded full autonomy for eastern wing after they sweeped the

elections. In the western wing, a party that had opposed Ayub Khan more zealously

almost sweeped the elections there. Neither of the two seemed to have any roots in the

other wing. Asituation of polarization came to exist.

Politics of mutual antagonism in the context of martial law led to civil war,

with foreign intervention on the side of East Pakistan.

Owing to crisis, assemblies could not be convened as planned and elections to

reserved seats for women in western wing of Pakistan were postponed. Under the

revised instructions, elections for women’s reserved seats in West wing provinces

were postponed.

7.5 Reserved Seats under Pakistan People’s Party

By the end of 1971, the Eastern wing became a new country, Bangladesh. In

the remaining Pakistan, the office of President was assumed by Mr. Zulfikar Ali

Bhutto. Elections to the seats reserved for women in the Provincial Assemblies in the

west wing (new Pakistan) were to be held in the Punjab, Sind, N.W.F.P. and

Baluchistan on 20th February, 1972. Three women candidates were returned

unopposed to the Provincial Assembly of the Punjab. Elections to the remaining three

in the Provincial Assembly of the Punjab, two seats each in the Provincial Assemblies

of Sind and N.W.F.P. and one seat in the Baluchistan Provincial Assembly were

contested. These seats were won by the political parties commanding majority in the

Provincial Assemblies.

164

In (the new) Pakistan, members elected during 1970-71 elections for the

central legislature became members of a constituent assembly for the country. An

Interim Constitution for the Islamic Republic of Pakistan was approved in 1971.

Representation in the assemblies under the Interim Constitution of 1971 and the more

permanent Constitution of 1973 were supplied by the elections that took place in

1970-71, i.e. during the days of united Pakistan. Such membership in the central

legislature is indicated below:

Table 7.7: Province-wise Percentage of Seats for Women in the Federal

Legislature in 1972

Sr.

No. Name of Province

Seats in the Federal Legislature

General Percentage

of General

Seats

Women Percentage

of women

Total

1 NWFP( now Khyber

Pakhtunkhwa)

Tribal Areas

18

+

7=25

96.15

1

0

3.85

26

0

2 Punjab 82 96.47 3 3.53 85

3 Sind 27 96.43 1 3.57 28

4 Baluchistan 4 80.00 1 20.00 5

Total 138 95.83 6 4.17 144

Source: Government of Pakistan, [1970], Legal Framework Order, 1970. Retrieved on 15

August 2015, from http://pakistanspace.tripod.com/archives/70lfo.htm.

Women sitting in the 1972 legislature on reserved seat for the (new) Pakistan's

Constituent Assembly belonged to three parties. They were:335

1. Mrs. Ashraf Abbasi PPP

2. Mrs. Nargis Naeem Sandhu PPP

3. Begum Nasim Jahan PPP

4. Miss Zahida Sultan PPP

5. Begum Shireen Wahab PML

6. Mrs. Jennifer Qazi Musa NAP

335 Afzal, op. cit, p.82.


165

The 1971 Constituent Assembly appointed 25-member Constitution

Committee. This Committee contained two women, namely, Dr Ashraf Abbasi and

Begum Nasim Jehan as member of the Committee that drafted the 1973

Constitution.336 There was considerable debate on the subject of reservation of seats

for women in the legislature. Eventually, ten seats were reserved for women for a

period of ten years. The female legislator, Begum Nasim Jehan, seeking a novel way

to improve the influence of women, and their importance in policymaking, proposed

direct elections on women’s reserved seats, by female voters.337 Nasim Jehan’s

proposal for direct election to women’s reserved seats was shot down by male

members. Jehan’s “arguments provoked strong hostility among male assembly

members.”338 They reasoned that electorate for women’s reserved seats could not be

limited to female voters/constituencies. Such was seen to create a gulf between men

and women. It was argued that such would also lead to further inequalities between

active women in urban areas and not so active ones in rural areas. “In the end, no

other legislators [other than Nasim Jehan]___ women or men _____spoke up in

favour of her proposal, leading Jehan to withdraw the bill in protest.”339

The new Constitution was promulgated in August 1973 and, apart from

reservation of ten seats for women, made a number of other provisions to promote

women’s welfare. The Constitution of 1973 stated that “there shall be no

discrimination on the basis of sex alone”340 and that “steps shall be taken to ensure

full participation of women in all spheres of national life.”341 Emphasis was placed on

the education and training of women. Also, several occupations and professions,

336 Ibid; p.83. 337 Krook, op.cit; p.66 338 Ibid. 339 Ibid. 340 Government of Pakistan, (2004), The Constitution of the Islamic Republic of Pakistan. (Islamabad:

Printing Corporation of Pakistan Press) Article, 25. 341 Ibid; Article, 34.

166

therefore, hitherto closed to women became open for them. This opening included

right to induction in Foreign Services.342

7.5.1 Ameliorating Women Seats under PPP

Bhutto, it has been argued, conceived of many things for women but was not

able to accomplish in the face of resistance from both religious leaders, as well as

several other political parties. In the early 1970s, under Bhutto, there was emphasis on

such socially oriented programmes as education, housing, health and population

control. In such programmes, there was need for the mobilization of women. As such,

the development of women came to be crucial for national progress. The policy was

promotive of support for Bhutto among women; many women saw him as a

‘progressive’ man and who was supporting equal rights for women. Women tended to

favour Bhutto against the right wing forces opposing him.343

“The International Women’s Year” in 1975 provided the opportunity for

Pakistani Prime Minister to show his concern for Pakistani women especially when a

general election was on the horizon, and the women’s vote was crucial to Bhutto’s

success in it. Nusrat Bhutto, wife of the Prime Minister, therefore, headed the

Pakistan delegation to Mexico. There, she made the pledge that the “people’s

government of Pakistan was fully committed to the complete equality, emancipation

and integration of women in the development process.”344

Early in 1976, Zulfiqar Ali Bhutto announced the establishment of a

committee, named “Pakistan Women’s Rights Committee” to consider and formulate

proposals for law reforms, with a view to improve the social, legal and economic

342 Ibid; Article, 27. 343 Soofia Mumtaz, Jeans-Luc Racine and Imran Ali, (eds.), (2002), Pakistan: The Contours of State

and Society. (Karachi: Oxford University Press) p.140. 344 Ibid; p.141

167

conditions of the women of Pakistan and to provide speedier legal remedies for

obtaining relief in matters like maintenance, custody of children, etc. Further, the

Committee was to make suggestions for improving women’s economic conditions.

The Committee suggested numerous, very progressive changes in several laws, and

significantly in the Family Laws Ordinance, the Divorce Act and the West Pakistan

Land Revenue Act. These suggestions included not only maintenance for a woman

after divorce but a divorced woman’s right to a share in her husband’s property. It

suggested simpler ways for a woman to get a divorce when she wanted it; allowed her

to claim custody of the children beyond the ages specified in Islam and allowed her to

claim maintance for children in her custody. In addition to this, the Committee

recommended changes in the labour laws affecting women in social security and

maternity benefits. Political power was also meant to be shared with a greater

representation of women in local government institutions and in the provincial and

national assemblies. Apart from the reserved assembly seats, the Committee

suggested that it be made mandatory that political parties put up at least ten percent

female candidates for the seats contested in a general election. The Committee placed

emphasis on education and on the employment of women in all occupations,

including all government services. In fact, it suggested that until such time as women

themselves gained the confidence needed for certain careers, that certain percentages

of positions be reserved for qualified women.345 Women were to be encouraged in the

fields of sport, culture and the media. There were several other suggestions but the

most crucial was the proposal that it be made mandatory for a woman to get her share

of inheritable property including agricultural land: and that a permanent Commission

on the Status of Women be established, not only as a watchdog, but as the highest

345 Ibid; pp.141-142.

168

policy making body for women’s interests in the country. Little of this was given time

to be implemented.346 However, as noted by students of gender studies,

“Women began to organize increasingly over the next several years, building on their

participation in the anti-Ayub agitation and the establishment of women’s wing inside

the political parties.”347

In the 1973 Constitution, National Assembly was to consist of 200 seats. Ten seats

were reserved for women. The first elections under the 1973 constitution were held in

March 1977. The National Assembly that came into office as result of these elections

survived till 5th July, 1977, when it was dissolved as a result of Martial Law in the

country. The women elected to reserved seats in the short-lived national assembly

included following:

1. Ashraf Abbasi as Deputy Speaker

2. Begum Kalsoom Sifullah

3. Mrs. Rustam

4. Mrs. Naseem Akmut

5. Begum Shireen Wahab

6. Mrs. Jenifer Qazi Musa

7. Begum Nafisa

8. Mrs. Dilshad Begum

One woman candidate won on a general seat in 1977 elections. She belonged to

the opposition party which boycotted the National Assembly. She therefore did not sit

in the National Assembly.

7.6 Seats Reseved for Women Enhanced Under Zia-ul-Haq

The elections of 1977 were challenged as rigged elections. The opposition called

Pakistan National Alliance (a coalition of nine political parties) boycotted the

346 Ibid; p.142. 347 Krook, op.cit; p.67.

169

National Assembly, demanded the resignation of the Prime Minister, dissolution of

the Assembly and new elections. With strikes and political rallies, there ensued a

wave of political disorder, which culminated in a Martial Law by General Muhammad

Zia-ul-Haq in July 1977. Some of it Islamic reform were opposed by women but he

did include twenty women members in his Majlis-i-Shura (Council of Advisors) this

could be regarded as some improvement on the proportion of women in earlier

legislatures. Through an Ordinance in 1984, Zia-ul Haq confirmed 20 seats to be

reserved for women in the National Assembly. It was on this basis that in the 1985

elections, there were 20 seats reserved for women in the national Assembly.

7.6.1 The 1985 Elections to the Seats Reserved for Women

In January 1985, General Zia-ul-Haq increased the number of seats reserved

for women in the National Assembly. The increased numbers of seats were allocated

to the Provinces as under:-

Table 7.8: Province-wise Reserved Seats for Women on the Basis of Population

in National Assembly, 1985 Amendments

Province No. of Seats Allocated

Punjab 12

Sindh 4

NWFP 2

Baluchistan 2

Total 20

Source: Government of Pakistan, Election

Commission of Pakistan [1985], Report on the

General Elections 1985. Vol.I. (Islamabad) p.259.

No seat was allocated to the Federal Capital and the Federally Administered Tribal

Areas (FATA).348

The following Table gives a summary of the nominations and contest for the seats

reserved for women in the National Assembly:-

348 Government of Pakistan, Election Commission of Pakistan, [1985], Report on the General Elections

1985. Vol.I. (Islamabad) p.259.

170

Table 7.8.1: Province-wise 1985 Elections Contest Process for Women’s

Reserved Seats in National Assembly

Province

Number

nominated for

election

Number whose

nomination papers

were rejected

Number that

withdrew their

candidature

Number that

contested the

election

Number

of winner

Punjab 40 1 1 39 12

Sindh 15 1 2 12 4

NWFP 6 -- -- 6 2

Baluchistan 3 -- -- 3 2

Total 64 2 3 60 20

Source: Government of Pakistan, Election Commission of Pakistan [1985], Report on the General

Elections 1985.Vol.I. (Islamabad) p.263.

Table 7.8.2: Province-wise Winners on Reserved Seats, National Assembly 1985

Winners of NA

Punjab (12 Seats)

1 Begum Afsar Riza Qizilbash 7 Mrs. Rehana Aleem Mashhadi

2 Begum Sarwari Sadiq 8 Mrs. Sahibzadi Mahmooda Begum

3 Begum Silvat Sher Ali Khan 9 Mrs. Ishrat Ashraf

4 Mrs. Khurshid Begum 10 Mrs. Attiya Inayatullah

5 Mrs. Dureshahwar Mazari 11 Mrs. Farrukh Mukhtar

6 Mrs. Rafia Tariq 12 Mrs. Nisar Fatima Zahra

Sindh (4 Seats)

1 Begum Afroze Nazir Ahmad 3 Mrs. Rashida Pasha Khuhro

2 Begum Salma Ahmad 4 Mrs. Qamar-un-Nisa

NWFP(now Khyber Pakhtunkhwa) (2 Seats)

1 Mrs. Bilquis Nasr-um-Minallah 2 Mrs. Kulsum Saifullah Khan

Baluchistan (2 Seats)

1 Begum Bilquees 2 Dr Miss Noor Jehan Panazai

Source: Government of Pakistan, Election Commission of Pakistan [1985], Report on the

General Elections 1985. Vol.III, (Islamabad) pp.68-69.

171

Table 7.8.3: Number of Seats for Provincial Assemblies Was also Increased as

follows:

Province No. of Seats

Provincial Assembly, Punjab 12

Provincial Assembly, Sindh 5

Provincial Assembly, NWFP(now

Khyber Pakhtunkhwa) 4

Provincial Assembly, Baluchistan 2

Total 23

Government of Pakistan, Election Commission of Pakistan,

[1985], Report on the General Elections 1985. Vol.I,

(Islamabad) p.259.

7.6.2 Election to Provincial Assembly, Punjab

For election to 12 seats reserved for women in the Provincial Assembly of the

Punjab, 67 candidates filed their nomination papers. On scrutiny, 25 nomination

papers were rejected and 42 candidates were declared as validly nominated. On

acceptance of appeals against rejection of nomination papers, two more candidates

were declared as validly nominated. Of the 44 validly nominated candidates four

candidates withdrew their candidature and the remaining 40 candidates contested the

election.349

Table 7.8.4: List of Successful Candidates on Women’s Reserved Seats, Punjab

Provincial Assembly 1985

Punjab (12 Seats)

1 Bushra Rehman 7 Shaheen Attiq-ur-Rehman

2 Khurshid Begum 8 Shaheen Munawar

3 Zakia Shahnawaz Niazi 9 Shama Talib

4 Rukhsana Begum 10 Sajida Begum

5 Syeda Nighat Naeem 11 Najma Tabish Alvari

6 Shahida Yasmin Malik 12 Najma Hameed

349 Ibid; p.264.

172


General Elections 1985. Vol.III, (Islamabad) pp. 169-70.

7.6.3 Election to Provincial Assembly, Sindh

In Sindh, 22 candidates filed nomination papers for election to five seats

reserved for women in the Provincial Assembly. The Nomination paper of one

candidate was rejected, on scrutiny. No appeal was filed against the rejection of this

nomination paper. Out of 21 validly nominated candidates four withdrew their

candidature in time. The election to 5 seats was consequently contested by 17

candidates.350

Table 7.8.5: List of Successful Candidates to the Seats Reserved for Women in


1 Mrs. Gulzar Unar 4 Dr. Ameena Ashraf

2 Mrs. Naureen Akhtari 5 Mrs. Maqbool Ahmad

3 Mrs. Perveen Marri


General Elections 1985. Vol.III, (Islamabad) p.224.

7.6.4 Election to Provincial Assembly, NWFP (now Khyber Pakhtunkhwa)

Four candidates filed nomination paper for election to the four seats reserved

for women in Provincial Assembly of NWFP (now Khyber Pakhtunkhwa). All of

them were, therefore, elected unopposed.351

Table 7.8.6: List of the Returned Candidates to the Seats Reserved for Women in

Provincial Assembly of NWFP (now Khyber Pakhtunkhwa) (4 Seats)

‘Uncontested’

1 Asmat Ara Gul 3 Begum Shambalid Ahad Nawaz Khan

2 (Mrs.) Dr. Imtiaz Sultan Bokhari 4 Begum Rahat Agha



7.6.5 Election to Provincial Assembly, Baluchistan

Four candidates had filed nomination papers for election to two seats reserved

for women in the Provincial Assembly of Baluchistan. Their nomination papers were

found to be valid on scrutiny. None of the four validly nominated candidates

350 Ibid. 351 Ibid.

173

withdrew their candidature. As a result, all of them contested the election on due date.

The following two were winners.352


Provincial Assembly of Baluchistan (2 Seats)

1 Fazila Aliani 2 Agha Pari Gul



In the 1985 non-party elections, one out of 15 women who contested polls for the

parliament won a seat.

7.7 1988 Elections to Reserved Seats for Women

The next elections were to be held in 1990, however, Zia-ul-Haq, who had become

president in 1985, met a fatal accident in August 1988. According to a procedure,

chairman of the senate, Ghulam Ishaq Khan, became the acting president and ordered

new elections.

The nomination and contest for the National Assembly seats reserved for women are

summarized in the following table:-

Table 7.9: Province-wise 1988 Elections Contest Process for Women’s Reserved


Province Nominated

Number whose

Nomination Papers

were Rejected

Number who

Withdrew their

Candidature

Number

who

Contested

the Election

Winner

Punjab 28 -- 6 22 12

Sindh 5 -- 1 4 4

NWFP 4 -- 1 3 2

Baluchistan 4 -- -- 4 2

Total 41 -- 8 33 20

352 Ibid; p.265.

174

Source: Government of Pakistan, Election Commission of Pakistan,[1988]. Report on the General

Elections 1988. Vol.I, (Islamabad) p.220.

Table 7.9.1: Province-wise Women on Reserved Seats in National Assembly 1988

Punjab (12 Seats)

1 Begum Rehana Sarwar 7 Mrs. Shahnaz Begum

2 Begum Sarwari Sadiq 8 Mrs. Shahnaz Ali

3 Begum Nadira Khan Khakwani 9 Mrs. Abida Malik

4 Mrs. Amna Piracha 10 Mrs. Aamira Ehsan

5 Mrs. Razia Sultana 11 Mrs. Attiya Inayatullah

6 Mrs. Rehnana Aleem Mashhadi 12 Mrs. Nasreen Begum

Sindh (4 Seats)

1 Mrs. Shamim Nabi Dad Khan 3 Mrs. Zareen Majeed

2 Mrs. Mehmooda 4 Mrs. Ruqia Khanum

NWFP(now Khyber Pakhtunkhwa) (2 Seats)

1 Mrs. Kulsum Saifullah Khan 2 Mrs. Malik Mehr-un-Nisa

Baluchistan (2 Seats)

1 Bibi Amina 2 Mrs. Samina Razaq

Source: Government of Pakistan, Election Commission of Pakistan,[1988], Report on the

General Elections 1988.Vol.III, (Islamabad) pp.73-74.

7.7.1 Election to Women’s Reserved Seats in Provincial Assembly, Punjab

Sixty-three candidates filed nomination papers to contest election for 12 seats

allocated to the Punjab Province. As a result of scrutiny, nine nomination papers were

rejected while fifty-four candidates were declared as validly nominated candidates.

Upon the withdrawal of eighteen candidates, thirty-six candidates contested the

election.353


Provincial Assembly of Punjab (12 Seats)

1 Begum Afifa Mamdot 7 Miss Afifa Fazal-e-Mahmood

2 Mrs. Najma Hameed 8 Mrs. Shahana Nasim Farooqi

3 Mrs. Bushra Rehman 9 Mrs. Shahida Farooq Malik

4 Mrs. Tahira Khan 10 Mrs. Saghira Islam

5 Mrs. Fauzia Habib 11 Mrs. Zubaida Malik

6 Mrs. Nusrat Rasheed 12 Begum Zubaida Mansoor Malik

353 Government of Pakistan, Election Commission of Pakistan, [1988], Report on the General Elections

1988.Vol.I, (Islamabad) p.221.

175


General Elections 1988. Vol.III, (Islamabad) pp.172-73.

7.7.2 Election to Provincial Assembly, Sindh

In all, ten candidates filed twelve nomination papers for election to five seats reserved

for women in the Provincial Assembly of Sindh. Nomination papers of all the

candidates were accepted. Three candidates withdrew their candidature in time. The

election to five seats was consequently contested by seven candidates.354


Provincial Assembly of Sindh (5 Seats)

1 Mrs. Shamim Akhter 4 Mrs. Shamshad Begum

2 Miss. Shagufta 5 Miss Rasheeda.

3 Ms. Munira Sahki

Source: Government of Pakistan, Election Commission of Pakistan, [1988], Report on the

General Elections 1988. Vol.III,(Islamabad) p.227.

7.7.3 Election to Provincial Assembly, NWFP (now Khyber Paktunkhwa)

Ten candidates had filed nomination papers for election to four seats reserved for

women in the Provincial Assembly of NWFP (now Khyber Paktunkhwa). On

Scrutiny, their nomination papers were found to be in order. All the ten candidates

contested the election. The names of elected candidates355 are listed as under.

Table 7.9.4: List of The Returned candidates to the Seats Reserved for Women in

Provincial Assembly of NWFP (now Khyber Paktunkhwa) (4 Seats)

1 Mrs. Shahwar Saleem 3 Mst. Bilqees Begum

2 Miss Anisa Zeb 4 Begum Shahzada Suleman



7.7.4 Election to Provincial Assembly, Baluchistan

Ten candidates filed nomination papers for election to two seats reserved for

women in the Provincial Assembly of Baluchistan. Their nomination papers were

354 Ibid. 355 Ibid; p.222.

176

found to be valid on scrutiny. Three of the validly nominated candidates withdrew

their candidature. As a result, seven candidates contested election on the due date.356

Winners are listed below.

Table 7.9.5: List of the Returned candidates to the Seats Reserved for Women in

Provincial Assembly of Baluchistan (2 Seats)

1 Mrs. Razia Rab 2 Begum Hakim Lachhman Dass Bugti



Four women namely Begum Bilqees, Begum Nusrat Bhutto, Syeda Abida Hussain

and Mrs Benazir Bhutto won on general seats. Benazir was to become the Prime

Minister of the country. Begum Nusrat Bhutto was her mother. Abida Hussain by now

was a well known woman politician. She was the daughter of Col. Abid Hussain from

Jhang district, one time minister in the central cabinet.

7.7.5 Lapse of Reserved Seats for Women under Elected Governments

General Zia had provided reserved seats for women for ten years or three elections

whichever was to occur first. The 1988 elections were the third elections. In spite of

the knowledge that the period for reserved seats had passed, the ruling party and the

opposition would not agree to extend the period for women reserved seats. Therefore,

the three elections held in 1990, 1993 and 1997 did not have any provision for

reserved seats for women. In the absence of any reserved seats some women did

contest elections the general seats with the following results.

Table 7.10: Winners Contesting on General Seats in Three Elections: 1990, 1993

&1997

Elections Winner Contesting on General Seats

1990-93 Begum Nusrat Bhutto Mrs Benazir Bhutto

1993-96 Mst. Shehnaz Javed Mrs.Tahmina Dultana

356 Ibid.

177

Begum Nusrat Bhutto Mrs Benazir Bhutto

1997-1999

Syeda Abida Hussain Mrs Benazir Bhutto

Begum Nusrat Bhutto Dr Fahmida Mirza

Mst. Majeeda Begum Wyne

Source: Election Commission of Pakistan.[1994]. Report on the General Elections 1993. Vol.II,

(Islamabad) relevant pages 113,115,118 and 148-50.

In the 1990 elections, both winners were well known, indeed the top

leadership of the Pakistan Peoples Party. In 1993 elections, 3 were well known

political leaders. Tehmina Dultana had her first entry into politics. However, she was

not an unknown person. She belongs to the very influential family and was the niece

of Muhammad Mumtaz Khan Dultana, one time chief minister of the Punjab and

defence minister in the federal cabinet.

In the 1997 elections, 3 women legislators belonged to the Peoples Party,

indeed, the top leadership. The fourth one, Majeeda Wyne, belonged to Pakistan

Muslim League (N) and was the wife of Ghulam Haider Wyne, the late Chief

Minister of Punjab who met a violent death while in office.

Throughout the 1990s, human rights organizations and women activists had

put pressure on successive Benazir Bhutto and Nawaz Sharif governments to increase

women's representation in the legislatures, during this period, the PPP tabled three

bills for the restoration of reserved seats, twice while in government and once in

opposition. The IJI and the PML-N governments (1990-93 and 1997-99) made no

such attempts, probably out of fear of losing the religious vote that supported Nawaz

Sharif during this period. Partly as a result of extensive NGO campaigning, all four

provincial assemblies passed unanimous resolutions in 1998-99 in favour of the

restoration of reserved seats for women and an increase in their number.

178

Moreover, during three elections, namely, those in 1990, 1993 and 1997,

representation of women in terms of members fell very sharply. This, in spite of

inequitous conditions for women.

A commission formed in 1994 regarding inequities against women presented a

report in 1977 titled Report of the Commission of Inquiry for Women. The reported

noted:

“There is a widespread misconception about the place

Islam accords to women, which is not just a distortion

spread in the West but it exists even among the

intelligentsia in the Muslim World, including Pakistan.

It is believed that Islam relegates women to an inferior

status; it confines them inside the four walls of their

homes; and it restrains them from taking up

employment outside their homes or running their own

business. This is wholly contrary to fact.”357

Pakistan participated in the United Nations’ 1995, 4th World Conference on

Women in Beijing. Thereby, Pakistan became signatory of the Beijing Declaration

and Platform for Action in 1995. In 1996, Pakistan ratified the Convention on the

Elimination of All Forms of Discrimination Against Women. However, the

governments under Benazir Bhutto and Nawaz Sharif showed reluctance to send in

mandatory report on country’s efforts to eliminate discrimination against women.358

Meanwhile, internally from NGOs and externally from United Nations’ relevant

agencies, pressure increased for doing away with discrimination against women, inter

alia there was pressure to increase women’s number of seats in the legislative bodies.

357Anita M.Weiss, (2012), “Moving Forward with the Legal Empowerment of Women in Pakistan.”

(Washington, DC: US institute of Peace) p.5. 358 Ibid; pp.4-5.

179

7.8 Musharraf Regime: Substantial Increase in Reserved Seats for Women

Without going into the pros and cons of General Musharraf’s takeover of

government on October 12, 1999, it may be stated that he established a regime by

force of arms and not through electoral processes.359 Musharraf did not impose

martial law; he proclaimed emergency throughout Pakistan and assumed the office of

the chief executive. He proclaimed that the Constitution would be held in abeyance. It

was also announced that the National Assembly, the Senate, and the four Provincial

Assemblies would stand suspended and their speakers and chairmen were also

suspended. Provisional Constitution Order (PCO) was promulgated. The President

was to act on the advice of Chief Executive. No court could pass any judgment,

decree, writ, order or process whatsoever against the Chief Executive or any authority

designated by him. All laws other than the Constitution would continue in force until

altered, amended or repealed by the Chief Executive or any authority designated by

him. He announced that he would head a six-member National Security Council,

whose other members would be the Chief of Naval Staff, the Chief of Air Staff, a

specialist each in law, finance, foreign policy and national affairs.360

Musharraf's military government (1999-2002), like its predecessors, took up

the task of reforming and restructuring the democratic institutions, which in its view

had been corrupted by the popular leadership of the country. In 2002, the military

government went the extra mile to accommodate the feminist lobbies that had gained

strength over the last decade, especially with the proliferation of NGO activity. A 33

per cent quota for women in local bodies was provided, ostensibly for both domestic

and international consumption. This was also in line with the elite’s broad ideological

objectives, one of them being the projection of Pakistan as a moderate, liberal, pro-

359 Khan, op.cit; p.479. 360 Ibid.

180

Western, pluralist and modern state. The military government was generally credited

with taking a progressive step in the right direction. Momentum for this change was

created not only by women’s rights activists but also by the political parties

themselves.361

7.8.1 Local Level Quotas in Pakistan

The Musharraf government adopted a Devolution of Power Plan in March

2000. The new system provided a three-tier local government structure where there

was only one line of authority in the district and the district bureaucracy was

responsible to the elected representatives. More operational autonomy was ensured to

the district level offices. Administrative and financial powers were, by and large,

delegated to officials at the district level.

An important feature of the Local Government Plan was the provision of a 33

percent quota for women at the district, municipality (tehsil) and union councils, the

local legislative bodies mandated to approve by-laws, taxes, long-term and short-term

development plans and annual budgets. The union councils in addition were to

facilitate the formation and functioning of citizen community boards and cooperatives

to reduce poverty, the overriding development goal of Pakistan.

The union council was composed of 21 members: Union Nazim, Naib Nazim,

one member elected from the minority communities, twelve Muslim representatives

elected to general seats and six elected for peasants and workers. The one- third

reservation was applied to the Muslim seats (four women) and the six seats for

peasants and workers (two for women). Each union council had thus six seats for

women. The middle tier, the tehsil council was composed of Naib Nazim from all the

361 Mohammad Waseem, (2006), Democratization in Pakistan: A Study of the 2002 Elections.(Karachi:

Oxford University Press) pp.202-203.

181

union councils and representatives elected from reserved seats for women (one-third

of the number of unions), peasants and workers (five percent of the total number of

unions), and minority communities (five percent). At the top tier, the Zila Council

consists of all Union Nazim in the district and like the tehsil councils, by members

elected through quotas: 33 percent women, 5 percent peasants and workers and 5

percent from the minority communities. The number of seats reserved for women in

the different councils were as follows:

Table 7.11: Musharraf Regime: Seats Reserved for Women at the Local Level in

Pakistan

Type of Council (Total number of councils) Seats Reserved for Women

Union Councils (6,022) 36,066

Tehsil Councils (305) 1,749

Town Councils (30) 161

District Councils (96) 1,988

Total 39,964

Source: Source: Socorro L. Reyes, (2002), “Quotas for Women for Legislative Seats at the

Local Level in Pakistan.” International IDEA, p.2(http://www.idea.int).

Except for the Union Councils, the members of all the other councils were to be indirectly elected by

the elected councilors at the union level who form the electoral college for all elections to the tehsil

town and district councils.

Election Results In the local elections held between December 2000 and

August 2001, women contested not only the reserved seats but also the open seats in

the union, tehsil and district councils and the posts of Nazim and Naib Nazim.

However, in the province bordering Afganistan (North West Frontier Province now

Khyber Pakhtunkhwa) women were not allowed to vote or run for office because of

pressure from religious groups and political parties, which resulted in the loss of

approximately 650 seats for this region. Therefore, women were elected to 36,187

seats out of the total 40,049 seats reserved for women in the local councils, 11 were

182

elected as union council Nazim, one as Naib Nazim and two as district Nazim. The

table below gives province-wise distribution.

Table 7.11.1: Number of Women Elected at Various tiers of Local Government

through Reserved Seats in Pakistan

Province Union

Councils

Tehsil

Councils

Town

Councils

District

Councils

Minority

Group

Women

Total

Punjab 20,007 1,074 50 1,115 27 22,273

Sindh 5,878 297 59 360 87 6,681

NWFP(now

Khyber

Pakhtunkhwa

3,963 175 30 278 6 4,452

Baluchistan 2,374 129 22 152 60 2,737

TOTAL 32,222 1,675 161 1,905 180 36,143

Source: Socorro L. Reyes, (2002), “Quotas for Women for Legislative Seats at the Local Level in

Pakistan.” International IDEA, p.3. (http://www.idea.int).

In April 2002, Musharraf held a referendum in which the ballot paper carried

the question:

“For continuation of the system of local government,

establishment of democracy, continuation and stability

of reforms, elimination of sectarianism and extremism

and attainment of the ideals of Quaid-i-Azam, do you

want to make General Pervez Musharraf President for

the next five years?”362

7.8.2 Musharraf Regime: Enhancement of Women’s Reserved Seats in

Legislatures

The declared result said Musharraf was successful, achieving 97% of the vote

cast. To strengthen his hold on power, he amended the constitution and issued the

Legal Framework Order 2002. Among the amendments, he increased the seats

362 Khan, op.cit;p.484.

183

including women’s reserved seats in the National and Provincial Assemblies as

below.

Table 7.12: Province-wise Enhancement of Seats in National Legislature (With


General

Seats

Percentage

of General

Seats

Women Percentage of

Women

Total

Baluchistan 14 82.35 3 17.65 17

Khyber Pakhtunkhwa 35 81.39 8 18.60 43

Punjab 148 80.87 35 19.13 183

Sindh 61 81.33 14 18.67 75

Federally Administered

Tribal Areas

12 100.00 - - 12

Federal Capital 2 100.00 - - 2

Total 272 81.93 60 18.07 332*

Source: Government of Pakistan, (2004), The Constitution of the Islamic Republic of Pakistan.

(Islamabad: Printing Corporation of Pakistan Press) Article, 51.

*(10 Seats for minorities are not counted.)

Members to the seats reserved for women were to be elected in accordance

with law through propotional representation system of political parties’ lists of

candidates on the basis of total number of general seats secured by each political party

from the Province concerned in the National Assembly:

In addition to the number of seats reserved for women, there were to be, in the

National Assembly, ten seats reserved for non-Muslims.

The seats in the National Assembly were to be allocated to each Province, the

Federally Administered Tribal Areas and the Federal Capital on the basis of

population in accordance with the last proceeding census officially published.

The constituency for all seats reserved for non-Muslims was to be the whole country;

184

7.8.3 Enhancement of Women’s Reserved Seats in the Provincial Legislatures

Each provincial Assembly was to consist of general seats and seats reserved

for women and non-Muslims as specified in the table below:

Table 7.12.1: Enhancement of Seats in Provincial Legislature (With


Province General

Seats

Percentage

of General

Seats

Women Percentage

of Women

Non-

Muslims

Percentage

of Non-

Muslims

Total

Baluchistan 51 78.46 11 16.92 3 4.62 65

Khyber

Pakhtunkhwa

99 79.84 22 17.74 3 2.42 124

Punjab 297 80.05 66 17.79 8 2.16 371

Sindh 130 77.38 29 17.26 9 5.36 168

Source: Government of Pakistan, (2004), The Constitution of the Islamic Republic of Pakistan.

(Islamabad: Printing Corporation of Pakistan Press) Article, 106.

Pervaiz Musharaff also established a statutory body called National Commission on

Status of Women (NCSW) in July 2000. It objective of the Commission was the

empowerment of women. There were Objectives, namely, equalization of

opportunities and socio-economic conditions amongst women and men. Elimination

of gender discrimination was to an important aim amongst women. In this connection,

the Commission was under certain functions. It was to examine the policy,

programmes and various measures that government would undertake for women

development. Aditionally, the commission was to review all policies, lawsmade by

legislatures and rules and regulations deemed to affect status and rights of women in

accordance with the Constitution.

185

7.9 Electoral Periods and Performance of Women since Enhancement of

Reserved Seats the Election

7.9.1 Period 2002-2007 and Women on Reserved Seats

The method of filling in women’s reserved seats was and still remains through

a party list system of proportional representation, whereby the reserved seats allocated

to a province are divided between parties in proportion to the total gereral seats won

by them from that province in the concerned election. Final results on reserved seats

for the 2002 general elections as follows:

Table 7.13: Party-wise Position of nominated/elected Women on Reserved Seats

in National Assembly

Sr No. Name of Party Number of Women Members

on Reserved Seats

Percentage of Number of

Women Members on Reserved

Seats

1 PML(Q) 22 36.67

2 PPPP 15 25.00

3 MMA 12 20.00

4 PML(N) 3 5.00

5 MQM 3 5.00

6 National Alliance 3 5.00

7 PML(J) 1 1.67

8 PML(F) 1 1.67

Total 60 100

Source:Mohammad Waseem,(2006), Democratization in Pakistan: A Study of the 2002

Elections.(Karachi: Oxford University Press) p.167.

7.9.2 Critism of Quota

The indirect method of election on women’s reserved seats was criticized by

non-governmental organizations and poltical party women on a number of grounds.

An important basis of criticism was that it deprived women of the opportunity of

dealing directly with the electorate. Lack of such contact hampered women’s entry

186

into mainstream politics. Also, with this method, women on reserved seatswould have

no geographical constituencies. Worst of all, the nomination system would allow

complete control over selection to political party leadership, opening the door to

nepotism and creating a strong public perception of selection being made on the basis

of relationship or influence, rather than merit.

Several women members of the 2002 National Assembly revealed that “their

qualifications became an imperative for their selection as candidates as no suitable

male graduates were available, and the families were reluctant to sacrifice their

constituencies.”363

7.9.3 Performance of Assembly 2002-2007

Overall environment during 2002-07 remained somewhat tense owing to “the political

and constitutional crisis over the LFO and the issue of the President holding two

offices.”364 Women’s performance could be seen in that context.

“Only 2 bills, including the finance bill, were passed by

the National Assembly during the first year, and 17

bills, including a constitutional amendment were passed

during the second year. The president could not address

the joint session of Parliament during first year. The

Leader of the Opposition in the NA was appointed on

25 May 2004, almost over a year after the

commencement of first parliamnetry year. In addition to

this political environment , women legislators’ own

disadvantages charterized by their lack of parliamnetry

and political experience, their heavy dependence on

party hierarchies, and the patriarchal values and gender

363 UNDP, (2005), Political and Legislative Participation of Women in Pakistan: Issues and

Perspectives. (Islamabad: The United Nations Development Programme in Pakistan Publication) p.60. 364 Ibid; p.61.

187

biases within parties and legislatures continued to make

their task even more difficult.”365

But women did show considerable legislative performance.366

Table 7.13.1: Nature of Women MNAs’ Intervention in National Assembly 2002-

2007

Sr No Nature of Intervention Total

1 Private Members Bills(PMBs) 11

2 Resolutions 11

3 Privilege Motions 34

4 Points of Order 94

5 Parliamentry Questions 920

6 Calling Attention Notices 97

7 Comments/Interventions/Debates 834

Source: Farzana Bari, (2009), The Role and Performance Assessment of

Pakistani Women Parliamentarians 2002-07. (Islamabad: Pattan


Interventions by women members in the legislative work can be divided into

following somewhat overlapping categories as in the Table below:

Table 7.13.2: Women’s Intervention in Major Categories of law making during

2002-2007 National Assembly

Sr No Major Categories Percentage

1 Woman Specific 8.97

2 Social Sector/Public Interest 39.90

3 Economic Issues 14.18

4 Political And Constitutional issues 35.35

5 Miscellaneous 1.6

Source: Farzana Bari, (2009), The Role and Performance Assessment of

Pakistani Women Parliamentarians 2002-07. (Islamabad: Pattan


Bari concludes against the common perception that women represent only

women’s interest. The above Table indicates that care for women’s issues is not

necessarily at the top of women legislators’ activity. Results of Bari’s study show that

365 Ibid. 366 Bari, op.cit; passim.

188

women legislator during 2002-2007 national assembly showed their top concern with

social sector/public; second with political /constitutional issues; the third with

economic and fourth with women issues.

7.9.4 Difficulties During the Period 2002-2007

There were difficulties as well. One woman legislator described how internal

party political considerations hindered women legislators in taking up women’s

concerns and interests.

“I and M.P Bhandara tried to move a resolution against

‘honour’ killing, but you cannot imagine how difficult it

became for us to bring it on the agenda for discussion.

That actually never happened. We protested to the

Speaker several times. But, we don’t know who was

obstructing it.”367

The enthusiasm shown by women in parliament to get some positive

legislation done for women was not responded in the same manner by House. Firstly

their bills came on the agenda after much delay and, secondly they were rejected,

disallowed, deferred or dropped in the House immediately, and if by any luck, they

were introduced, they remained pending with the House for a long time further and

finally lapsed.368

An ideological divide clearly appeared among political parties with the

initiation of debate on the Hudood Ordinance in the House. This initiated a battle of

bills also on amendments in these laws. The PPP women and their male supporters in

the party were asking for the repeal of these laws, while the MMA women and their

colleagues in the alliance were preparing to put up tough resistance towards any such

367 UNDP, op.cit; p.63. 368 Aurat Foundation, op.cit; p.102.

189

attempts. The PML-Q women were trying to tread the middle path regarding some

amendments in the laws.369

7.10 The Electoral Period 2008-2013 and Women on Reserved Seats

In the general elections of 2008 all reserved seats for women in the national

and provincial assemblies were filled in the proportionate manner provided in the

constitution. That is, women’s reserved seats are filled through a party list system

whereby the reserved seats allocated to a province are divided between parties in

proportion to the total seats won by them from that province in the concerned

election. For the 2008 elections partywise number of reserved seats for women was as

follow:

Table 7.14: Party-wise Position on Seats Reserved for Women, National

Assembly 2008

Sr No. Name of Party Number of Seats Won Percentage of Number of Seats Won

1 PPP 23 38.33

2 PML(N) 17 28.33

3 PML(Q) 09 15.00

4 MQM 05 8.34

5 PML(F) 01 1.67

6 ANP 03 5.00

7 Others 02 3.34

Total 60 100

Source: Women and Politics in Asia Forum, (2008), “Observation Report of Women Contested

Constituencies General Election 2008 – Pakistan.” (Islamabad: The Researchers) p.74.

Table 7.14.1: Party-wise Position of Nominated/Elected Women on Reserved

Seats in Provincial Assemblies 2008

Name of

Party

PA

KPK

% PA

Punjab

% PA

Sindh

% PA

Baluchistan

% Total

369 Ibid; p. 103.

190

PML(N) 2 9.1 30 45.5 - - - - 32

PML(Q) 1 4.5 16 24.2 2 6.9 4 30.7 23

PPP 6 27.4 19 28.7 16 55.2 2 15.4 43

PML(F) - 1 1.51 2 6.9 - - 3

ANP 9 40.9 - - - - 1 7.7 10

PPP(SP) 1 4.5 - - - - 2 15.4 3

MMA 3 13.6 - - - - 2 15.4 5

MQM - - - - 9 31.0 - - 9

BNP (A) - - - - - - 2 15.4 2

Total 22 100 66 100 29 100 13 100 130

Source: Women and Politics in Asia Forum, (2008), “Observation Report of Women Contested

Constituencies General Election 2008 – Pakistan.” (Islamabad: The Researchers) p.74.

The 2008-13 assembly had some 75 women members including 60 of them on

reserved seats. Their performance in the legislative work, particularly Private Member

Bill was considerable.

Table 7.14.2: Comparison of Male/Female MNAs moving PMBs under Major

Categories of Bills

Sr.

No.

Categories of

Bills

Mover’s/Gender Total

Male Percentage Female Percentage

1 Constitutional

and Legal 11 52.4 10 47.6

21

2 Business and

Economics 9 50.0 9 50.0

18

3 Governance 7 50.0 7 50.0 14

4 Social 3 10.7 25 89.3 28

5 Women 3 13.6 19 86.4 22

6 Others 2 16.7 10 83.3 12

Total Bills 35 30.4 80 69.6 115

Source: Reworked from Shaheen Ashraf Shah,(2013), Women’s Contested

Politics of Presence Learning from the Experiences of Pakistani Women

Parliamentarians. (Warwick: University of Warwick) p.202.

The table shows that out of 115, 80 (70%) PMBs were moved by female

parliamentarians, as compared to 35 (30%) bills moved by men in the National

Assembly. This shows that a significantly higher proportion of bills were moved by

191

female MNAs. An in-depth analysis of the contents of 115 Private Member Bills

submitted by both men and women parliamentarians during the years 2008-11, gives

the link between women’s descriptive and substantive representation. Focus on PMBs

gives us ideas as to who is acting for women within parliament by introducing

women’s related legislation with greater capacity to make a substantive difference for

other women. As the table indicates, out of 28 total bills in social and 22 in women

related categories, women MNAs contributed 25 and 19 of bills in each category

respectively. This suggests that female legislators have been more active to put social

and women’s issues on the legislative agenda than male MNAs, and women show

similar levels of interest to male politicians in putting forward issues other than social

and women specific legislation, i.e. bills that address concerns/issues related to

women.

7.10.1 Difficulty During Period 2008-2013

It seems that few men award priority to women’s concerns. An in-depth

analysis of passage of women specific bills indicates the less importance given to

such bills. For example, the Domestic Violence Bill (2009) was the only Private

Member’s Bill passed during the 2008-11 period, and was introduced individually by

an active woman parliamentarian, in the 2008-9 parliamentary years. The bill was

passed unanimously by the National Assembly (NA) on 4th August 2009. Although

bill was passed by the National Assembly, the bill was rejected in the Senate (Upper

House). This happened because the 18th Amendment had changed several legislative

processes, involving devolution from federal Ministries to provinces. Finally, after

two years of long wait the bill was presented again in the joint session of the Senate

and the National Assembly. A member of the National Commission on the Status of

192

Women - NCSW and the chairperson of the Anti-Sexual Harassment Watch

Committee, explained how the bill was dealt in the joint session. She writes:

“Today I walked out of the parliament with a feeling of humiliation. The strong sense

that many simply played politics with women’s pain made me feel nauseated.” 370

She discovered that during the joint session, there was resistance to the bill on

the part of male members. Some of them made jokes: “now we can’t even slap our

wives anymore! What kind of system do you want?” Others pronounced that it was

necessary to defer the bill. Finally, the bill was deferred, as one male MNA declared

that people have issues and therefore, a few more days were needed.

Shah (2013) comments that such observations are highly important in

revealing several aspects about a parliamentary culture and male MNAs’ attitudes

towards women’s issues. The Domestic Violence Bill (2009) was the only Private

Members’ Bill passed by the House during 2008-11. The bill was relevant to women’s

concerns, but it did not have a smooth sail through either. This gives a clue as to why

a number of bills initiated by female MNAs, could not be passed by the National

Assembly during 2008-11. “Crime Prevention Act, The Child Marriages Restraint Act

2009, Social Protection for Home based Workers Amendment Act 2010, Criminal

Law Amendment Act 2009 and others couldn’t be passed by the NA during 2008-

11.”371

The majority of male MNAs who are in positions of power seem less

interested in legislation which penalizes those who perpetuate violence against

women, especially in the private domain. The evidence is that one male MNA said:

370 Fauzia Saeed quoted in Shaheen Ashraf Shah, (2013), Women’s Contested Politics of Presence

Learning from the Experiences of Pakistani Women Parliamentarians. (Warwick: University of

Warwick) p. 215. 371 Ibid; pp.215-216.

193

“we even cannot slap our wives anymore!” It suggests that the bills which challenge

the private domain of powerful male politicians and the ways in which they exercise

power in their personal lives are usually vetoed. According to Shah, significant

evidence is available showing a link between honour-crime/Jirgas and politics being

played out by influential feudal and tribal political men, who also dominate

parliament. Respect for rights of aggrieved women tends to challenge such powerful

men.372 Moreover, the substantive representation as outcome that deals with policy

outcomes and/or bills passed by the NA with special focus on women related

legislation show little progress. It means that most of the efforts made by female

parliamentarians have limited impact.

7.10.2 Women’s Motivation

Shah wonders why women are making all these legislative interventions, when

getting bills passed by the NA is so ineffective. Her answer is:

“Women’s active participation in parliament creates an

incentive, by raising women’s profiles, which also

benefits political parties by increasing the parties’ share

in legislation. The parties may also need potential

politicians who can perform legislative action on their

behalf. Male politicians who are greater in numbers

show the least interest in the legislation. Women MNAs

are often dependent on male political leaders, as women

lack their own power base/constituency, and have to

perform such futile legislative work to show political

parties’ leaders that they are potential political women

and have much more to offer parties.”373

372 Ibid; p.216. 373 Ibid; p.219.

194

7.10.3 Social Class Resisdence Hinderance to Substantive Representation

There are other factors which seem to affect substantive representation of

women by legislators chosen on reserved seats for women. Residential addresses of

candidates in the 2008 elections on women’s reserved seats indicate a preponderance

of women from urban background and/or those who have taken up permanent

residence in big cities/urban areas. The big city residence means such women’s

distance from rural life and its entangled problems. The quota women, thereby, are

doubly constrained from representing women’s interests. They have not been elected

to represent an area.They have been nominated by a political party to represent that

party. They cannot claim legitimate representation status. Also, they have residence in

cities/urban areas without meaningful contact with, and appreciation of, problems of

rural women. To indicate such preponderance of urban residence, data for 2008

elections to the seats reserved for women in the Nation Asssembly from Punjab

province may be analysed as an example.374 In that case, 28 women candidates had

addresses of Lahore city, indeed posh areas of the city. Twin cities of Islamabad and

Rawalpindi were listed by nine (9) and seven (7) candidates, respectively, as their

residential address. Addresses of twenty nine (29) candidates indicate belonging to

newly established housing colonies/satellite towns/banglow houses. Only seven (7)

out of eighty (80) residential addresses showed village background.

7.11 Impact of Increase in Women’s Reserved Seats

Impact was recongnized when an interviewee shared: “I do not belong to a

political family, and there was way I could have entered the assembly had it not been

for the reserved seats.” Further more, in 2013 general elections, women taking part as

candidates for membership in assemblies, both national and provincial, increased

374 See Appendix G.

195

considerably. The increase was substantial when compared to elections in 2008.

Overall, some 419 women contested in the 2013 elections as compared to 2008

elections when the overall number was 192. Contestants were of two types: (1) those

who contested as candidates with the backing of a political party and (2) those who

contested as independent candidates. Of 419, less than one third, i.e. 160 women were

in the electoral race on one or other party ticket. The following table indicates the

names of major parties and number of tickets they gave to women to fight elections

on general seats, quite often against men candidates.375

Table 7.15: Party wise Allocation of Tickets to Women for Contest on General

Seats in 2013 Elections

Sr.

No. Name of Party

Tickets Allotment by Political Parties to Women for Contest on General

Seats

2008 General Elections 2013 General Elections

National

Assembly

Provincial

Assembly

Total National

Assembly

Provincial

Assembly

Total

1 MQM 8 6 14 8 17 25

2 PPP 15 8 23 13 11 24

3 PML (N) 6 12 18 8 12 20

4 APML .. .. .. 3 13 16

5 PTI .. .. .. 6 6 12

6 PML (Q) 9 9 18 2 9 11

7 PMLF .. .. .. 3 2 5

8 PP S-B .. .. .. 1 4 5

9 PN ML .. .. .. 2 2 4

10 MWMP .. .. .. 0 4 4

11

Other Parties

that Filed Three

or Less

Candidates

3 2 5 15 19 34

12 Total on Party

375 Ibid.

196

Tickets 41 37 78 61* 99 160

13 Independents 31 83 114 74* 185 259

Total Women

Contesting

Seats

72 120 192 135 284 419

Source: Adapted from Legislative Watch (Aurat Foundation) Issue No.41, March-November,2013,

Table 6, p.3 and Table 9,pp.8-9.

*Seat(s) of Islamabad Capital Territory (ICT) is included in National Assembly.

The figures for general elections 2013 on general seats show upward trend in

all respects: for instance, 61 women contested election on a political party ticket in

2013, whereas in 2008, 41 women received political party ticket. Similarly, the

number of women contesting as independent candidates in 2013 also jumped to 74 as

compared to 31 women in 2008.

Winners & runners-up: Out of a total of 419 women candidates on general

seats for National Assembly and Provincial Assemblies, 21 were elected. Of these 21,

9 won National Assembly seats; 9 Punjab Provincial Assembly seats; 2 Sindh

Provincial Assembly seats; and 1 Balochistan Provincial Assembly seat.376 All

winners belonged to political parties and none of the independents won any seat.

There were 18 runners-up in the race of general seats for National Assembly. Of

these, 14 stood second and 4 at third position. 16 contested election on party ticket

and 2 were independents.377

To sum up: enhancement of women’s seats in the legislative bodies has been a

great struggle in Pakistan. It could not materially be achieved during governments

brought into power by electoral process. During 1980s it was General Zia ul Haq’s

military dominated government that substantially increased the number of reserved

seats for women i.e. from 10 to 20. The elected governments during the 1990s did

376 Wasim Wagha, (2013), “2013 Elections-Women’s Representation in Legislatures.” Legislative

Watch, (Magazine), 41, pp.8-9. 377 Ibid; p.5.

197

nothing. On the other hand, period of legislation for reservation of seats lapsed and

political parties, whether in power or in opposition, did not pursue the required

legislation for reserve and/or to enhance women seats. The reservation of seats

remained suspended and only a meagre number of women could succeed to be elected

on the general seats378. At the start of the new century, it was again a military

dominated regime that increased women reserved seats by 17% both in the national

and provincial legislatues. It also increased women’s reserved seats by 33% at the

local level. With increased seats, a tempo is being created for women to contest

election on general seats as well, with increasing success.

378 The Actual Number os Women elected during the period was: The 1990 elections, 2; the 1993

elections, 4 and 1997 elections, 6. See Farzana Bari (2009) The Role and Performance Assessment of

Pakistani Women Parliamentarian 2002-07 (Islamabad: Pattan Development Organisation), p. 67.

198

Conclusion

This study has analyzed various aspects of the issue of women

representation in Pakistan. As emphasized in literature, the study has paid a

particular attention to the context. A major element of such context is the

appreciation that Pakistan is a Muslim country which came into existence on

the basis of Islamic culture, different from the Hindu culture in the

Subcontinent. Whatever other social, political and economic reasons for

creating a new country, Pakistan’s public pronouncement was Islamic culture

to mobilize the masses behind the leadership. This has been a major factor in

all the constitutional and reform activities in the country.

In the case of women representation, the study has attempted to portray

the authentic Islamic teachings from the Qur’an itself believed by Muslims to

be a revealed book consisting of God’s last message to mankind for good life

on earth and the hereafter.

Although it deals with family matters in some detail, the Qur’an is

largely a book of principles. Development of legal system including the family

laws owes a great deal to interpretation by men believed to be well versed in

Qur’anic teachings. There is an imprint of time and space on the development

of law of numerous persons and several socio-psychological environments.

The code so developed was also influenced by Indian environment. Over time,

customs developed with recognizable print of Indian culture on Muslims in

India. This was later complicated by British rule in India first in parts of the

country and, since 1857, over the entire country. After independence in 1947,

Pakistan inherited the Muslim culture with imprint of Indian and

199

British/European ways of thinking and doing things. This was complicated by

the post World War II international thinking and socio economic contacts.

Constitutional issues and issues of reform came to have various groups

contending for dominance. Women representation had a history since the

functioning of the British rule but elements of the problem and likely solutions

could be, and were, traced to Qur’anic teachings, both the authentic original

ones and those based on interpretations of men whose opinion came to be

strongly revered. Theoretically, women’s substantive representation would

come from democratic institutions manned by persons thrown up by electoral

processes.

In the absence of political initiative/ action on the part of the

government formed on the basis electoral processes, the martial law regime of

Ayub Khan promulgated a law to substantively represent women. Ayub Khan

had to leave subsequently partly because religious leaders and political forces

turned against him. This shows how courageous Ayub Khan was in his

commit to reform of Muslim Family Laws in Pakistan.

The next historically important piece of legislation which increased

women’s representation in legislatures from around 9% to 17% was, again,

taken by a military regime. Opposition was again there, but was somewhat

neutralized. Women are working hard and may succeed further in a few

generations. Already, interest in women’s participation (with

acquiescence/motivation from men) for electoral offices has increased and

more women have started gaining self-confidence. Political parties are

increasingly giving party tickets to women to contest elections on general

seats.

200

Further, minor amendments have been in the Muslim Family Laws

Ordinance 1961. As such, two pieces of legislation stand as monumental

substantive representation of women in Pakistan. And both pieces of

legislation came from military/authoritarian regimes.

201

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217

APPENDICES APPENDIX A

TABLES OF TREATIES AND CONVENTIONS

The United Nations Charter 1946

United Nations Commission on the Status of Women 1946

United Nations Declaration of Human Rights 1948

Convention for the Suppression of the Traffic in Persons and of the Exploitation of

the Prostitution of Others, 1949

European Convention for the Protection of Human Rights and Fundamental

Freedoms, 1950

ILO Convention (No.100) concerning equal remuneration for men and women

workers for work of equal value, 1951

The UN Convention on the Political Rights of Women, 1952

The UN Convention on the Nationality of Married Women, 1957

Convention against Discrimination in Education, 1960

Convention on the Consent to Marriage, Minimum Age for Marriage and Registration

of Marriages, 1962

The International Covenant on Civil and Political Rights 1966

The International Covenant on Economic, Social and Cultural Rights 1966

Optional Protocol to the International Covenant on Civil and Political Rights, 1966

American Convention on Human Rights, 1969

Convention on the Elimination of All Forms of Discrimination against Women, 1979

African Charter on Human and peoples' Rights, 1981

Convention on the Rights of the Child, 1989

218

CONFERENCES

The First World Conference on Women Mexico 1975

The Second World Conference on Women Copenhagen 1980

The Third World Conference on Women Nairobi 1985

The Fourth World Conference on Women Beijing 1995

219

APPENDIX B

TABLE OF STATUTES

The Indian Penal Code, 1860

The Female Infanticide Prevention Act, 1870

Married Women Property Act,

Indian Succession Act, 1885

The Guardians and Wards Act, 1890

The Foreign Marriages Act, 1903

Child Marriage Restraint Act, 1929

The NWFP Muslim Personal Law (Shariat) Application Act,1935

The Punjab Suppression of Immoral Traffic Act, 1935

Muslim Personal Law Application Act, 1937

The Dissolution of Muslim Marriages Act, 1939

The Maternity Benefit Act, 1941

Muslim Personal Law (Shariat) Application (Amendment) Act, 1943

West Punjab Muslim Personal Law (Shariat) Application Act, 1948

Muslim Personal Law (Shariat) Application (Sind Amendment) Act, 1950

NWFP Muslim Personal Law (Shariat) Application (Amendment) Act, 1950

Pakistan Citizenship Act, 1951

Punjab Muslim Personal Law (Shariat) Application (Amendment) Act, 1951

NWFP Muslim Personal Law (Shariat) Application (Amendment) Act, 1953

The Maternity Benefit Ordinance, 1958

The West Pakistan Suppression of Prostitution Ordinance, 1961

The West Pakistan Suppression of Prostitution (Amendment Act), 1968

The Muslim Family Laws Ordinance, 1961

West Pakistan Rules under the Muslim Family Laws Ordinance, 1961

Muslim Personal Law Shariat Application Act, 1962

West Pakistan Family Court Act, 1964

West Pakistan Family Court Rules, 1965

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West Pakistan Muslim Personal Law (Shariat) Application Act, 1962

West Pakistan Muslim Personal Law (Shariat) Application Amendment Ordinance,

1963

West Pakistan Muslim Personal Law (Shariat) Application (Amendment) Ordinance,

1964

The West Pakistan Family Courts Act, 1964

Provincial Employees Social Security Ordinance, 1965

The West Pakistan Family Courts Rules, 1965

Punjab Muslim Personal Law (Shariat) Application (Removal of Doubts) Ordinance,

1972

Adoption of Laws Order, 1975

Dowry and Bridal Gifts (Restriction) Act, 1976

Dowry and Bridal Gifts (Restriction) Rules, 1976

The Hudood Ordinances, 1979

The Law of Evidence, 1985

The Shariat Act, 1991

Criminal Law (Second Amendment) Ordinance, 1993

The Pakistan Citizenship Act, 1951, Partially Amended in 2001

Amendments in family courts Act for Khula, etc, 2002

Criminal Law (Amendment) Act, 2004(on ‘Honour Crime)

The Marriage Functions( Prohibition of Ostentatious Display and Wasteful Expenses)

(Amendment) Act, 2006

The Protection of Women (Criminal Law Amendment) Act, 2006, revised the

Hudood Ordinance.

The Guardians and Wards (Amendment) Act 2008

Criminal Law (Amendment) Act, 2010 (on Sexual Harassment)

The Protection against Harassment of Women at the Workplace Act, 2010.

The Acid Control and Acid Crime Prevention Act, 2010

The Women in Distress and Detention Fund (Amendment) Act, 2011

Criminal Law Act (Second Amendment) Act, 2011, referred as Acid Control and

Acid Crime Prevention Act.

Criminal Law Act (Third Amendment) Act, 2011, referred to as Prevention of Anti-

Women Practices.

221

Domestic Violence (Prevention and Protection) Act, 2012.

National Commission on the Status of Women Act, 2012.

National Commission for Human Rights Act, 2012.

Enforcement of Women Ownership Rights Act 2012.

The Criminal Law (Amendment) (Offences Relating to Rape) Act,2016(Act XLIV

OF 2016)

The Criminal Law (Amendment) (Offences in the Name or on Pretext of Honour)

(Act XLIII OF 2016)

The Women Protection Act, 2016

222

APPENDIX C

RECOMMENDATIONS OF THE SYMPOSIUM OF EXPERTS ON THE

ROLE OF WOMEN IN THE DEVELOPMENT OF ISLAMIC SOCIETY TO

THE TWENTY-THIRD ISLAMIC CONFERENCE OF FOREIGN

MINISTERS

The OIC Symposium of Experts on the Role of Women in the Development of

Islamic Society, held in Tehran, Islamic Republic of Iran, From 17 to 19 Zul Qaidah

1415H, corresponding to 17-19 April, in accordance with Resolution 10/7-C (I.S),

adopted by the Seventh Islamic Summit Conference.

Having thoroughly examined the issue in light of the report of the Secretariat of the

OIC, proposals and papers presented by experts and views expressed by various

delegations;

Reiterating the commitment of Member States to the principles and objectives of the

United Nations Charter and the Charter of the Organisation of the Islamic Conference

and to the safeguarding of the exalted worth, dignity and status of women in Islamic

societies;

Convinced that the noble Islamic religion presents comprehensive solutions for all

aspects of human and social life and endeavours;

Conscious of the growing need for Muslims throughout the world to promote revival

of Islamic values and principles and to create societies based on Islamic principles of

peace, justice, tolerance, progress, equity and equality for all human beings;

Convinced that these noble objectives can only be achieved through the participation

of all Muslims, including the full, active and effective participation of Muslim women

who constitute half of the Islamic Ummah;

Underlining the Divine principles and teachings of Islam concerning the promotion

and protection of the rights and exalted status of women in various spheres of

personal, family, economic, political, cultural and social life;

Emphasising the instrumental role of women in the development of Islamic societies;

Reiterating the necessity of co-operation and co-ordination among Muslim countries

to promote comprehensive and equitable development of all segments of the Islamic

Ummah;

Committed to presenting the correct image of the noble Islamic religion and of the

role and status of Muslim women and combating all attempts to project a distorted

image of Islamic teachings and of Muslim women in the world;

1. Recommends to the Twenty-Third Islamic Conference of Foreign Ministers to

adopt the following measures:

1.1. Recognition and promotion of the prominent role provided by Islamic teachings

to the women in Islamic society, and adoption of positive policies to empower women

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to participate actively, effectively and constructively in various levels and spheres of

economic, political, cultural and social life;

1.2. Presentation and promotion of the true Islamic image of women and their real

role, dignity and status in Islamic society, particularly through the mass media and

text books and to make all attempts to portray Islamic women in a positive light in

keeping with the true Islamic thought and away from distorted images and

superstitious traditions which are alien to Islamic thought and teachings;

1.3. Opening the way for Muslim women to participate in interpretation and "Ijtihad"

in a manner compatible with Islamic principles;

1.4. Creation of a favourable spiritual, ethical, cultural, social and political

environment and conditions, in accordance with Islamic teachings, conducive to the

advancement and development of the personality and character of Muslim women,

and rejection of adverse cultural encroachments which are detrimental to the identity

and personality of Islamic societies in particular Muslim women;

1.5. Extension of every effort to ensure respect for fundamental human rights of

Muslim minorities and communities, particularly Muslim women minorities including

their right to practice their religion;

1.6. Conduct of research on and eradication of all forms of violence and exploitation

of women, including domestic violence, sexual exploitation, pornography,

prostitution, trafficking in women, sexual harassment, genital mutilation and other

negative traditional and cultural practices as well as violence against women caused

by armed conflicts;

1.7. Promotion of general awareness among women and men about the teachings of

true Islam concerning the role and status of women and their rights and

responsibilities in Islamic Shari’ah;

1.8. Creation of awareness among women and men about their individual, family and

societal rights, responsibilities and duties under Islamic Shari’ah, and provision of the

necessary environment for full attainment and practice of their rights and

responsibilities; request relevant authorities to provide the necessary conditions and

facilities to effectively meet the requirements of women and encourage their

participation in public life thus enabling them to reconcile their family and

professional responsibilities with their political rights and participation in decision-

making.

1.9. Dissemination of public awareness and respect for the economic and financial

rights and privileges recognised for women under Islamic Shari’ah, in particular those

pertaining to private ownership, earnings and inheritance;

1.10. Encouragement of appropriate planning and allocation of the necessary

resources in national development programs and budgets for the advancement of

women in all fields;

224

1.11. Creation of the appropriate environment and the necessary facilities for the full

development of all potential and capabilities of women in various fields in harmony

with the pivotal role of Muslim women in social and family life;

1.12. Establishment and support of literacy centres and vocational training facilities as

well as creation and development of job opportunities compatible with modern life

and with Islamic Shari’ah;

1.13. Support of legal and social mechanisms for enabling women to carry out their

tasks, such as paid maternity leaves, flexible working hours and child care facilities;

1.14. Promotion and encouragement of traditional and advanced income-generating

employment opportunities for women in Islamic societies, which would reinforce

their role in the development and growth of Islamic societies, through appropriate and

equitable planning to generate productive employment and augment social security

and welfare for all;

1.15. Provision of necessary financial and social support and protection and

empowerment of women heads of household and other women requiring social help

and assistance;

1.16. Encouragement of national and international planning and co-operation for

eradication of poverty, which primarily affects women and other vulnerable segments

of society.

1.17. Proper emphasis on the important role of rural women in production and

development, facilitating their access, to the necessary resources including land, easy

credit, ensured prices and marketing and supporting rural and urban women

associations and groups as mechanisms for their social, economic and cultural

progress;

1.18. Facilitating and enhancing women's full access to appropriate, readily available,

and free quality health care and related services and facilities, including family

planning, reproductive and maternal and infant health in the context of Islamic

princip1es;

1.19. Support and encouragement of various collective social, scientific, economic,

cultural, sports and charitable activities of Muslim women;

1.20. Conducting appropriate research and study projects on the theoretical and

practical aspects of advancement of women in different spheres of personal, and

social life and identification of the prevailing obstacles as well as measures to

overcome them;

1.21. Adoption of common measures and exchange of expertise among Islamic

countries for the advancement of women and their development in various levels and

fields;

1.22. Promotion of co-operation and exchange of views and experience among

Muslim women in different societies;

225

1.23. Establishment and strengthening of appropriate mechanisms for better

coordination and implementation of programs and policies for the advancement of

women and world-wide dissemination of objective information about their role in

Islamic teaching and in the development of Islamic societies, including, inter alia

finalization, as soon as possible, preferably before the Twenty-Fourth ICFM, of

consultations concerning the establishment of an International Islamic Women's

Organisation within the framework of the OIC and in accordance with its regulations.

2. Requests the Secretary General to present these recommendations to the Twenty

Third ICFM;

3. Recommends that Islamic countries continue to co-ordinate their positions in

international forum and meetings on the role of women, particularly the forthcoming

Fourth World Conference on Women to be held in Beijing in September 1995;

4. Requests the General Secretariat of the Organisation to organise and facilitate

regular and orderly consultations for co-ordination of positions among Islamic

delegations attending international conferences of women, particularly the

forthcoming Fourth World Conference on Women to be held in September 1995.

DRAFT TEHRAN DECLARATION ON THE ROLE OF WOMEN IN THE

DEVELOPMENT OF ISLAMIC SOCIETY

We, the representatives of Member States of the Organisation of the Islamic Conic'

ence, meeting in Tehran, capital of the Islamic Republic of Iran, from 17 to 19 Dhul

Qa'dah 1415H (17-19 April, 1995) in a Symposium, at expert level, on the Role of

Women in the Development of Islamic Society, in accordance with the resolutions of

the Sixth and Seventh Islamic Summit Conferences held respectively in Dakar

(Republic of Senegal) and Casablanca (Kingdom of Morocco) in 1411H and 1415H.

Confirming the historical role of the Muslim Ummah which has provided mankind

with a balanced global civilisation linking this world with the hereafter, science with

Faith and the matter with the spirit; and confirming also the civilizational role

expected of this Ummah today in guiding a bewildered mankind across competing

currents and schools and in offering appropriate solutions to the chronic problems of

materialistic civilisation;

Declare the following:

FIRST: One of the objectives of Islam is to build a society in which both man and

woman have a complementary role to play in the building and development process.

Islam is the first religion to have given the woman her full rights in harmony with her

personality, her potentials, her aspirations and her essential role in life. In the Islamic

concept, society constitutes one complete unit in which man and woman are dealt

with comprehensively. The Holy Qur’an affirms the unity of the Muslim Ummah in

which women and man alike, as the two vital constituents of the Ummah, both have

their own personality and their own Standing in Islamic society.

226

SECOND: Islam considers the family, in the concept accepted by the Divine

religions, to be the cornerstone in the sound social edifice and rejects any other

deviated visions of the family and any alternative sexual relationship outside this

framework. Women have, by virtue of their motherhood and other characteristics, the

principal role in the stability and welfare of this sacred family edifice.

THIRD: Motherhood is one of the natural functions of the woman in her life and she

cannot discharge this noble mission in the optimal manner for better raising future

generations unless she is provided with proper opportunities to exercise all her rights

and play an active role in the other spheres of life.

FOURTH: The woman and man are equal in human dignity; the woman has rights

equitable with her duties in accordance with Allah's Word: "And women shall with

justice have their rights similar to those exercised against them," (The Qur’an, verse

2:228). Men and women, while having distinct and different natural characteristics,

fully complement each other in the family and social responsibilities and women have

an independent, civil, personality and is entitled to civil, political, economic social

and cultural rights and responsibilities.

FIFTH: The contribution of the woman - at our present time - in the speeding-up of

the renaissance and revival of the Muslim Ummah, is essential and the woman must

be provided with all the moral and material resources necessary for performing her

important her important role in the cultural, social, economic and political fields.

SIXTH: The woman is a basic agent in and beneficiary of the economic and social

development process which confirms her right to assume different functions, have

access to necessary resources and decision-making process and thus realise the

principles of equality and social balance in accordance with Islamic principles.

SEVENTH: Organisational arrangements should be provided of the Muslim Women

so that they may decide on the definition of the issues and tasks pertaining to their

role and adopt appropriate measures to achieve the expected objectives on the basis of

Islamic principles and values so as to preserve women's dignity and personality and to

arrive at practical results for highlighting her role in the development of Islamic

society.

EIGHTH: Institutionalisation, promotion and encouragement of continued contact

between various Women's institutions and organisations in Islamic States with the

objective of benefiting from each other's experience should be actively pursued.

NINTH: Call for respect of woman in all fields; rejection of violence against her

including domestic violence, sexual exploitation, pornography, prostitution,

trafficking in women, sexual harassment, genital mutilation, as well as the practices

observed in certain societies which degrade the woman and her dignity and deny her

legitimate rights and which are alien and totally unrelated to Islam.

TENTH: Promotion of the positive role of women by mass media and rejection of all

forms of exploitation of women in the media and advertisements which are

detrimental to the moral values and virtues, as such an exploitation is a degradation of

her personality and a debasement of her dignity.

227

ELEVENTH: All efforts should be made to alleviate the suffering of women and

other vulnerable groups, particularly Muslims, who continue to be major victims of

armed conflicts, foreign or alien occupation, poverty and imposed external economic

pressures and blockade.

TWELFTH: Comprehensive and sustainable development cannot be achieved except

within a framework of religious and moral values. We therefore declare our rejection

of the attempts to impose alien cultural and social concepts upon others and our

condemnation of the continuous attacks launched by some quarters against the Islamic

concepts and prescriptions relating to women.

THIRTEENTH: Islamic Shari’ah in the context of its fundamental sources, is the sole

reference for the interpretation of clarification of any article of this Declaration.

FOURTEENTH: This Draft Declaration is to be submitted to the Twenty-Third

Islamic Conference of Foreign Ministers for consideration and appropriate decision.

Source: A Collection of Papers and Report Presented at The First OIC Symposium on

Women's Role in Islamic Society (1995) Tehran: Women's Solidarity Association of

Iran pp. 249-268.

228

APPENDIX D

ISLAMABAD DECLARATION ON THE ROLE OF MUSLIM WOMEN

PARLIAMENTARIANS IN THE PROMOTION OF PEACE, PROGRESS

AND DEVELOPMENTS OF ISLAMIC SOCIETIES

We, the Muslim Women Parliamentarians, meeting in Islamabad, Capital of the

Islamic Republic of Pakistan, from 3rd to 5th Rabble Awl 1416H (1 to 3 August

1995) in the first International Conference of Women Parliamentarians from Muslim

countries, inspired by our belief that Islam is the religion of tolerance, justice and

equality:

Confirming that Islam is a universal religion which provides mankind with a balanced

and enlightened civilisation and reiterating that it offers solutions to the problems of

the contemporary society.

Convinced that equality and elimination of discrimination in all spheres of life based

on justice constitute the essence of democracy and guarantee the happiness and

prosperity of the entire society, including men and women.

Aware of the participate, egalitarian, just and progressive society envisioned by the

immutable precepts of Islam.

Cognisant of the role, the respect, the rights and the responsibility which Islam

assigns to women in society.

Inspired by the invaluable and effective contributions of Muslim women in the

development and progress of human civilisation.

Recognising that Muslim women have always risen to the occasion, whether in

confronting aggression or as freedom fighters in a liberation struggle as well as for

their own rights.

Conscious of the need to dispel the deliberate misrepresentation and misperception of

the status and rights granted by Islam to women.

Determined to ensure that women in Islamic societies are able to pay their due and

rightful role in all sectors of national life.

Determined also to combat the discrimination and the injustice which women

continue to encounter in all walks of life and to eliminate all kinds of violence against

women.

Convinced that no society can achieve optimal progress and development without the

participation of women in public life and nation building.

Conscious of the need to promote awareness of women's rights in the economic,

social, political and professional fields at all levels.

Recognising that woman, as enshrined in the Qur’an and Sunnah, is the centre of the

family which is the basic unit of society and hence the cornerstone of the edifice of a

stable, peaceful and prosperous polity.

229

Acknowledging that women parliamentarians have a role in directing the efforts of

our respective countries and of the world Muslim organisations in promoting Islam as

a religion of peace, progress and development of the Muslim Ummah and humanity at

large.

Recognising the importance of inspiring a new generation of women and men to work

together for sustainable development, prosperity and peace.

Recognising the role of Muslim Women Parliamentarians in directing their countries

for justice, freedom and democracy as a contribution to human progress at large.

To promote the role of women and to ensure their rightful place in society, we the

Parliamentarians from the Muslim Countries, resolve as follows:

a) To promote and protect the human rights of women at all stages of their life cycle

in the true spirit of Islam.

b) To strive to eradicate illiteracy in Islamic societies of women in particular.

c) To work in our respective countries for the promulgation of laws supportive of

women's positive role and rights in society. We will make special efforts to abrogate

discriminatory laws, as well as cultural and customary practices so that our society

can advance on an egalitarian and just basis.

d) To strive to promote an Islamic identity, values and culture and to protect Muslims

from corrupt and negative influences by strengthening the family as enjoined by

Islam.

e) To make sustained efforts to end suppression, discrimination and violence against

women in all forms especially domestic violence.To this end to strengthen the legal

and judicial institutions and to ensure women's effective participation in formulating

national policies by all appropriate means.

f) To promote greater awareness of women's rights from the platform of Parliament

and to enjoin our government to promote participation of women in the executive,

legislative and judicial branches of government by giving them a fair share in all

decision-making process. We will fight all tendencies to deprive women of their basic

rights because of their gender.

g) To promote the implementation, as appropriate, of the provisions of international

conventions on the rights of women and urge all countries to adhere to these

conventions.

h) To mobilise women's forums to persuade the private sector to encourage greater

participation of women in commerce and industry, including through training.

i) To work for the creation of greater facilities for women in the social field

particularly health and all round education at all levels.

j) To encourage the media to promote awareness of women's rights in the society.We

shall endeavour to remove hurdles which prevent women from playing a fuller role in

the media.

230

k) To set up the committees in our respective Parliaments to monitor progress towards

the full integration of women in national development.

l) To encourage the representation of Muslim women parliaments in the delegations

of their respective countries to the meetings of the International Parliamentary Union.

m) To spare no effort to alleviate the suffering of Muslim women who are victims of

armed conflicts, alien domination, genocide or foreign occupation and to promote all

necessary measures for the release of women and children imprisoned and taken

hostages in zones of armed conflict. In this context we express our complete solidarity

with the Muslim women of Azerbaijan, Bosnia-Hezergovina, Jammu and Kashmir,

Kosovo, Palestine, and other regions where our sisters are being subjected to violence,

genocide, occupation and aggression. While condemning these acts, we call for the

liberation of all territories occupied by force.

n) To urge the international community for the implementation of UN resolutions

calling for with drawal of Israel from occupied Arab territories and to allow for the

right to return and self-determination and the establishment of an independent

homeland of the Palestinian people with Al-Quds as its capital and to upon Israel to

stop the Judaization of Al-Quds Al Sharif.

o) To promote and encourage interaction amongst women's institutions and

organisations in the Islamic countries. We will use every opportunity to benefit from

each other's experience.

p) To provide relief and assistance to Muslim countries which have been subjected to

unfair economic sanctions that particularly affect women and children and call for the

lifting of the sanctions against Iraq and Libya.

q) To formulate a practical programme of action for addressing the problems of

women, especially in the Muslim countries to be presented at the next conference of

Muslim Women parliamentarians.

r) To encounter terrorism in all its forms in Islamic societies and to promote harmony

and tolerance amongst the believers of various religious. To strengthen the principles

of justice and equality among nations and to support human freedom everywhere.

This historic conference has opened up important opportunities for institutionalizing

the process of interaction amongst the women parliamentarians of the Muslim

countries. This opportunity should not be lost. We have, therefore, decided to:

i) Convene the second meeting of the Women Parliamentarians from Muslim

countries within one year.

ii) Set up a Follow-up Committee of 10 Women Parliamentarians, 3 each from the

Asian African and the Middle East regions and one from Europe to meet within six

months from this conference.

iii) Set up a nucleus Secretariat in Islamabad to co-ordinate interaction amongst the

women parliamentarians of the Islamic countries and to organise the above meetings.

The secretariat will co-ordinate the positions of the Muslim countries at the Fourth

World Conference on Women to be held in Beijing to reflect the true image of Islam,

231

preserve the cultural particularities and to promote the principles of equality and

freedom of women.

iv) To provide country reports highlighting the progress achieved in the

implementation of the above decisions to the Secretariat. A consolidated report to be

presented by the Secretariat to the Follow-up Committee and the Second Conference

of Women Parliamentarians from Muslim countries to be held in 1996.

Source: NEWSHEET, Vol. VII. No. 3, 1995.

Shirkat Gah.

232

APPENDIX E

Castes (Baradari) in Pakistan

Pakistan having one of the oldest and the most organized caste (Baradari) systems in

the world. Baloch, Sindhi, Punjabi, Pathan, Seraiki, Balti, Syed, Rind, Lashari,

Laghari, Talpur, Awan, Mengal, Marri, Bugti, Jamali, Kalhro, Afaridi, Makrani,

Sheikh, Mirza, Mallik, Rajput, Soomro, Arain, Jut, Gujjar, Mughal, Butt, is the main

caste in Pakistan

Punjabi Tribes

Aarbi Dhillon Khichi Rai

Abbhi Dhindsa Khingar Rai Sikh

Ad-Dharmi Dhoat Khokhar Rajoka

Aheer Dhobi Khoti Ramdasia

Ahluwalia Dhotar Khukhrain Ramewal

Ahuja Dhothar Khullar Ramgarhia

Alpial Dhudhi Kishtwaria Randhawa

Alreja Dhund Abbasi Kohja Ranghar

Andotra Doad Kohli Ranial Rajputs

Ansari Dogar Labana Ranjha

Arain Dolal Lak Ranu

Arar Dosanjh Lakhera Ranyal

Arneja Dumra Lali Ratial

Arora Gadhok Langrial Ratra

Assoun Gaharwal Lau (Mohyal) Ravidassia

Atwal Gakhal Lehal Rawal

Aulakh Gakhars Lidhar Rayat

Aura (Jat) Gandhar Lilla Rohilla

Babbar Ganjial Lodhra Sangi

Badhan Gaurwa Lodike Sabzvari

233

Bagga Ghardhora Lohar Sagla

Baghar Ghawri Lomish Sahota

Baghela Gheba Luna Gotra Sahotra

Baghial Ghirth Maan Sahu Jat

Baidwan Ghotra Madahar Sajanke

Bains (Jat) Ghuman Madari Salara

Bajwa Ghurki Madrak Samra

Bajya Gilotar Mahaar Samtia

Bal Gondal Mahil Sandhawalia

Baleli Goraya Mahnike Sandhila

Bali Grewal Mahra Sandhu

Bandechha Gujjral Mahtam Sangha

Bangial Gungal Mair Rajputs Sangra

Bangyal Gurjar Majoka Sansi

Basra Hafyal Makwal Sapera

Batth Hajjam Malak teli Sarai

Batwal Hal Jats Malhi Saraswat

Bazigar Handa Malhotra Sargana

Bersal Hanjra Maliar Sarpal

Bhabra Hans Malik (Julaha) Sarral

Bhachar Harral Mallaah Satti

Bhakral Hashmi Syed Mallana Sayyid

Bhalli Hattar Mandahar Sehdev

Bhamba Hayer Manes Sekhon

Bhambra Heer Mangat Sekhri

Bhao Hiraj Mangoana Sethi

Bhapa Hon Mangral Shah Khel

Bharat Hunjan Manj Shajra

Bharbhunja Jaitly Manjotha Sheikhum

Bhati Jajja Marath Shergill

234

Bhatra Jakhar Marhal Sidhu

Bhattewad Jalap Marral Sighaal Awan

Bhawana Jamwal Marrar Sikh Rajputs

Bhind Jandran Matharu Sikligar

Bhinder Jangids Mathauda Sipra

Bhogal Janjua Rajput Matyal Sodhi

Bhuee Jappa Mazhabi Sohal

Bhukar Jarral Meghwal Sohlan

Bhullar Jasgam Mekan Sood

Bhurjee Jasrotia Meo Sulehria

Bhutta (Arain) Jaswal Mial Sunar

Bhutta (Rajput) Jat Miana Suthar

Bishnois Jatal Mighiana Syed

Bodla Jathol Minhas Takhar

Bohar Jawanda Mirasi Talokar

Budhal Jethal Mittal Tandon

Buria Jhabel Mohan (Mohyal) Taoni

Buttar Jhammat Mohyal Tarar

Chadhar Jhandir Moonga Tarkhan

Chahal Jats Jhinwar Mughal Tatri

Chamar Jhujh Mutta Taunk

Chatha Jnagal Nagra Teli

Chattar Jodhra Nagral Thakial Rajputs

Chawla Johal Nagyal Thathal

Cheema Junhal Naich Thind

Chhachhar Juta Naipal Tulla Jats

Chhachi Kahloon Nalband Turkhel

Chhachi Kalyal Nalere Uppal

Chhibber Kalyar Nanda Uttra

Chhimba Kamboh Naroo Uttradhi Arora

235

Chhimba Darzi Kamboj Naru Rajput Varya Rajputs

Chhina Kanet Nathyal Ves Jats

Chib Kang Natt Virdi (Jat)

Chiniotis Kanjar Naul Virdi

Daher Kanyal Nayar Virdi

Dakoha Kapoor Nijjar Virk

Darzi Kassar Nipal Chand Vohra

Das Katil Nischal Wagha

Datt Kayani Noon Wahi

Daulatana Kethwal Oberoi Wahiniwal

Deo Khaira Odh Wahla

Deol Khakha Padda Waiha

Deshwal Khamb Pakhral Waraich

Dhamial (Jat) Khar Panesar Warar

Dhamial (Rajput) Kharal Panhwar Wattu

Dhanial Khatarmal Pannun Wejhwa

Dhariwal Khateek Paramara Wijhalke

Dharni Khati Parhar

Dhatt Khatril Pathania

Dhawan Khattar Qizilbash

236

Sindhi Tribes

Abro Jiskani Odh

Ahmedani Junejo Osmani

Alavi Kachelo Palh

Ansari Kalhora Palijo

Bachani Kalmati Panhwar

Bajaeen Kalpar Panjwani

Bayad Kambarzahi Paramara

Bhadala Kamboh Peechoho

Bhaiband Kehar Phulpoto

Bhangar Ker Pirzada

Bharwana Khanzada Qaimkhani

Bhel Khaskheli Qizilbash

Bhojani Khokhar Rajper

Bhurgari Khosa Rajput

Bhutto Khudabadi Ranghar

Bijarani Khuhro Raysipotra

Buledi Kolhi Rind

Bozdar Kunbhar Royma

Bulfati Kutchi Memon Sangi

Buriro Lakhani Sahito

Chakee Langah Samejo

Chandio Lanjar Samma

Channa Larik Sandhai

Channar Lashari Sanghar

Chhachhar Machiyar Sangrasi

Chhajra Magsi Sayyid

Dafer Mahar Shajra

237

Dano Mahesar Shambhani

Daudpota Majoka Shar

Deshwali Malghani Shoro

Dibla Mallaah Sial

Gabol Manganiar Siddi

Ghanghro Mangrio Sindhi Rajput

Gopang Manjhi Sindhi Shaikh

Goraho Me Sodha

Hajjam Meghwal Sirki

Hakro Mehar Solangi

Halaypotra Meta Qureshi Soomro

Hesbani Mir Sunar

Hingora Mirali Suthar

Hingorja Mirani Tagar

Indher Mirbahar Talpur

Ja'am Mohana Thaheem

Jadgal Momin Ansari Theba

Jakhrani Momna Unar

Jakhro Mughal Vagri

Jamra Mutwa Valasai

Janwari Naich Vazirani

Jatoi Nizamani Warya

Jats of Kutch Node Wassan

Jats of Sindh Nohri Zardari

238

Baloch Tribes

Ahmadani Hooth - main tribe Nausherwani

Ahmedzai Ismailzahi Nichari

Almani Jagirani Nindwani

Ameeri Jakhrani Nizamani

Amirari Jalbani Nothazai

Askani Jamaldini Nutkani

Barmani Jamali Pirakzai

Bugti Jarwar Pandrani

Badini (Rakhshani) Jatoi Pasoi

Bagayzani Jatt Pirkani

Bahalkani Jattak Pitafi

Bahawalanzai Jiskani Qaisrani

Bakhrani Joonglani Qalandrani

Bajoi Kadahe Qambrani

Band Kalmati Qandrani

Bangulzai Kalpar Qasimzah

Barakzai Kambarzahi Rahija

Baranzai Karlu Rahimi

Barazani Kashani Rahmanzai

Barija Katbal Rais

Barr Kenagzai Rakshani

Bhurgri Khalol Rigi

Bhutani Kharani Rind - main tribe

Bijarani Khetran Rodeni

Bijjarzahi Kheazai (Kiazai) Rodnani

Bizenjo Khosa Roonjha

Buledi Khurasani Sahibzada

239

Bulfati Khushk Sadozai

Bullo Kizilbash Sahlani

Buzdar Korai Sajdi

Chakerzehi Kubda Sakhani

Chakrari Kunara Samma

Chandio (Hooth) Kulachi Sanjrani

Chang Kupchanis Saravani

Changwani Kurd Sardaizai

Chanorwani Lamba Sargani

Chutani (Khosa) Langove Sarparah

Dahar Lanjwani Sasoli

Damanis Lashari - main tribe Sethwi

Dannarzai Lasi Seyahsawar

Dagarzai (Rakshani) Laskani Shadani

Dareshak Leghari Shahalzai

Darzada Lehri Shahani

Dashti Loharani Shahdadzai

Dehani Lund Shahwani

Dehwar Madranshahi Shahizai

Dodai Magsi Shaliani

Domki Makrani Shambhani

Drakhshan Malghani Shar

Durrazai Mallazai Sherkhlani

Esani Mamhdani Sherzai

Esaani Mandwani Shirani

Essazai Mandozai Sobdarani

Fatahni Marri Sohrani

Gadi Mashori Soomrani

Gabol Mastoi Sumalani

Gadani Masuri Sumrah

240

Gadhi Mazari Sundrani

Gajani Mazarzai Taherza

Gamshadzehi Meerwani Talpur

Gashkori Mengal Tanwri

Ghanbarzehi Mewtani Tauqi

Ghazini Mirani Talani

Gichki Mobaraki Umrani

Goarazai Mohammadzahi Wadela

Gola Mollazai Waddani khosa

Gopang Mollazehi Yallanzai

Gorgage Mondrani Yarahmadzahi

Gorshani Moosiani Zamurani

Gulfad Mrizai Zadjali

Gurgunari Muhammad Hasni ( Kiazai) Zagar Mengal

Gurmani Mugheri Zahnoozai

Gyandar Nandwani Zarakzahi

Halazai Narouie Zardari

Harooni Naukri Zarrani

Heesbani Nauri Zehri

241

Pashtun Tribes

Adam Khel Langah

Afghana Mamozai

Akhun Mamund

Akhun Khel Marwat

Babar Meis Khel

Baburkhel Mullagori

Baranzai Nasozai

Battanni Nikpikhel

Bhatiara Noorzai

Bhittani Norzai

Borzai Oriakhill

Burki Pakthas

Chamkanni Rokhri Khel

Chhachi Sakzai

Dawlatzai Salarzai

Durrani Shah Khel

Edo-Khel Sorgar

Enayet Khel Tarkani

Gardezi Tirahi

Ismail Khel Turi

Jadoon Turkhel

Kakazai Umarzai

Kala Khel Utmankhel

Kasi Wur

Kasi or Kasian Zai

Khan Khel Zaimukhts

Kundi Zimri

Compiled from relevant gazetteers published by British India Government Periodicals

242

APPENDIX F

65: At-Talaq (Divorce)

In The Name of God, The Most Gracious, The Dispenser of

Grace:

65:1

O PROPHET! When you intend to divorce women, divorce

them with a view to the waiting period appointed for them, and

reckon the period [carefully], and be conscious of God, your

Sustainer. Do not expel them from their homes; and neither shall

they [be made to] leave unless they become openly guilty of

immoral conduct. These, then, are the bounds set by God - and

he who transgresses the bounds set by God does indeed sin

against himself: [for, O man, although] thou knowest it not, after

that [first breach] God may well cause something new to come

about.

65:2

And so, when they are about to reach the end of their waiting-

term, either retain them in a fair manner or part with them in a

fair manner. And let two persons of [known] probity from

among your own community witness [what you have decided];

and do yourselves bear true witness before God: thus are

admonished all who believe in God and the Last Day. And unto

everyone who is conscious of God, He [always] grants a way

out [of unhappiness],

65:3

and provides for him in a manner beyond all expectation; and

for everyone who places his trust in God He [alone] is enough.

Verily, God always attains to His purpose: [and] indeed, unto

everything has God appointed its [term and] measure.

65:4

Now as for such of your women as are beyond, the age of

monthly courses, as well as for such as do not have any courses,

243

their waiting-period - if you have any doubt [about it] - shall be

three [calendar] months; and as for those who are with child, the

end of their waiting-term shall come when they deliver their

burden. And for everyone who is conscious of God, He makes it

easy to obey His commandment:

65:5

[for] all this is God's commandment, which He has bestowed

upon you from on high. And unto everyone who is conscious of

God will He pardon [some of] his bad deeds, and will grant him

a vast reward.

65:6

[Hence,] let the women [who are undergoing a waiting-period]

live in the same manner as you live yourselves, In accordance

with your means; and do not harass them with a view to making

their lives a misery. And if they happen to be with child, spend

freely on them until they deliver their burden; and if they nurse

your offspring [after the divorce has become final], give them

their [due] recompense; and take counsel with one another in a

fair manner [about the child's future]. And if both of you find it

difficult [that the mother should nurse the child], let another

woman nurse it on behalf of him [who has begotten it].

65:7

[In all these respects,] let him who has ample means spend in

accordance with his amplitude; and let him whose means of

subsistence are scanty spend in accordance with what God has

given him: God does not burden any human being with more

than He has given him - [and it may well be that] God will grant,

after hardship, ease.

65:8

And how many a community has turned with disdain from the

commandment of its Sustainer and His apostles! where upon We

called them all to account with an accounting severe, and caused

them to suffer with a suffering unnameable:

244

65:9

and thus they had to taste the evil outcome of their own doing:

for, [in this world,] the end of their doings was ruin,

65:10

[the while] God has readied for them [yet more] suffering severe

[in the life to come]. Hence, remain conscious of God, O you

who are endowed with insight-[you] who have attained to faith!

God has indeed bestowed on you a reminder from on high:

65:11

[He has sent] an apostle who conveys unto you God's clear

messages, so that He might those who have attained to faith and

do righteous deeds out of the depths of darkness into the light.

And whoever believes in God and does what is right and just,

him will He admit into gardens through which running waters

flow, therein to abide beyond the count of time: indeed, a most

goodly provision will God have granted him!

65:12

GOD is He who has created seven heavens, and, like them, [the

many aspects] of the earth. Through all of them flows down

from on high, unceasingly, His [creative] will, so that you might

come to know that God has the power to will anything, and that

God encompasses all things with His knowledge

Source: Muhammad Asad, (1980), The Message of the Qur’an. (Gibraltar: Dar Al-

Andalus) pp.797-98. http://www.geocities.com/masad02/073.html.

http://www.geocities.com/masad02/073.html

245

APPENDIX G

List of Contesting Candidates for Election 2008 to the Seats Reserved for

Women in the National Assembly Punjab

Sr.

No

Name of Contesting

Candidate

Address of the Contesting

Candidate Party Affiliation

1 Sumaira Malik Bangla Khan Sahib Pakistan Muslim League

Padhrar, Khushab.

2 Kashmala Tariq C-4, Officer Colony Pakistan Muslim League

Zarrar Shaheed Road,

Lahore Cantt

3 Begum Shahnaz 129-J/Model Town, Pakistan Muslim League

Sheikh Lahore.

4 Dr. Donya Aziz 48-B, St.No.15, Chak Pakistan Muslim League

Shezad Farms,

Islamabad.

5 Attiya Inayatullah 73-5, Munir Road Pakistan Muslim League

Lahore Cantt.

6 Bushra Rehman 8-C Ahmed Block Pakistan Muslim League

Garden Town, Lahore.

7 Marvi Memon 70-C, Model Town, Pakistan Muslim League

Lahore.

8 Nosheen Saeed Qaziabad Margala, Pakistan Muslim League

Attock.

9 Anjum Amjad 119-G, Model Town, Pakistan Muslim League

Lahore.

10 Tanzeela Aamir

Cheema Chak No.35/SB, Tehsil & Pakistan Muslim League

District Sargodha.

246

11 Rukhsana Jamshed 619, St.No.79, Sector-3, Pakistan Muslim League

Buttar Gulshan-e-Abad Adiala

Road, Rawalpindi.

12 Mehnaz Raffi 16-Chauburji Park, Pakistan Muslim League

Lahore.

13 Farrukh Mukhtar Kothi Mills, Fazalabad, Pakistan Muslim League

Sher Shah Town, Multan

14 Neelam Shahid Bagowal Kalan Post Office

Tehsil and District Gujrat Pakistan Muslim League

15 Rubina Shaheen

Wattoo I-S-P, Wasa-We-Wala, Pakistan Muslim League

Depalpur, Okara.

16 Yakut Jamil-ur-

Rehman

10-St.No.76, G-6/4,

Islamabad. Pakistan Muslim League

17 Begum Tehmina Dasti 110-Shami Road, Pakistan Muslim League

Lahore.

18 Amina Saleem 49-2/4, Tulsa Road Pakistan Muslim League

Lalazar, Rawalpindi.

19 Farukh Khan 77A-1/2, Satellite Town, Pakistan Muslim League

Rawalpindi.

20 Rehana Aleem

Mashhadi 17-D, Faisal Town, Pakistan Muslim League

Lahore.

21 Dr. Hajra Tariq Aziz 157- Garden Block,

Garden Town, Lahore. Pakistan Muslim League

22 Onaza Ehsan 102-B Tech, Society,

Lahore Pakistan Muslim League

23 Farzeen Ahmed 174-B,Shahdman

II,Lahore Pakistan Muslim League

247

24 Farzana A. Malik Mohallah Masjid Pakistan Muslim League

Baghban Wali, Attock

25 Nasira Naseer Rana 86-HH, DHA, Lahore. Pakistan Muslim League

26 Shahzada Kousar

Gilani H.No.121, St.No.34, G- Pakistan Muslim League

10/1, Islamabad.

27 Dr. Ruzina Tufail Arian Raiwind Road, Pakistan Muslim League

Lahore.

28 Aasiya Azeem 20-Lake Road Anarkali, Pakistan Muslim League

Lahore. 500-A, St.No.8

F-10/2, Islamabad.

29 Surriya Naseem Chak No.543/GB, Pakistan Muslim League

Faisalabad.

30 Maimoona Asad Raza Farm No.12, Tarbi, Pakistan Muslim League

Islamabad.

31 Mariam Awais

Mamdoot 2-Habib Ullah Road, Pakistan Muslim League

Lahore.

32 Rehana Hashmi H.No.25, St.No.21, F- Pakistan Muslim League

7/2, Lahore.

33 Seyda Sajida Baqar H.No.887, St.NO.18,

Tehsil & District Sialkot. Pakistan Muslim League

34 Amina Naveed Mohallah Bindar Gali Pakistan Muslim League

Chadhary Anwar Mouza

Tehsil & District

Gujranwala.

35 Rehana Hussain Malik KS.No.2233, Margala Pakistan Muslim League

Road, F/10-3, Islamabad

248

36 Begum Ishrat Ashraf Chak No.105/P, Pakistan Muslim League

(N)

R.Y.Khan

37 Mamoona Hashmi 50-B, Qasim Road, Multan

Cantt.

Pakistan Muslim League

(N)

38 Begum Tahmina

Daultana Daultabad Ludden,


(N)

Vehari

39 Tahira Aurangzeb 780/F, Satellite Town, Pakistan Muslim League

(N)

Rawalpindi.

40 Begum Nuzhat Sadiq H.No.213, St.No.33, F- Pakistan Muslim League

(N)

10/1, Islamabad.

41 Nighat Parveen Mir 110/J Kanari Bazar Pakistan Muslim League

(N)

Chok/L, Jhelum.

42 Khalida Mansoor 18-X, 1/Madina Town, Pakistan Muslim League

(N)

Faisalabad.

43 Shahnaz Saleem 2/B, Kayaban Sarwar, Pakistan Muslim League

(N)

D.G.Khan.

44 Parveen Masood

Bhatti Aziz Bhatti Road, Model


(N)

Town-A, Bahawalpur.

45 Sabeen Rizvi H.No.27, St.No.30, F- Pakistan Muslim League

(N)

8/1, Islamabad.

46 Shireen Arshad H.No.10, St.No.1, Pakistan Muslim League

(N)

SectorG-6/3, Islamabad.

47 Surriya Ashgar Tehsil & District Norwal. Pakistan Muslim League

(N)

249

48 Tasneem Siddiquee H-384, St.No.72, F-11/I, Pakistan Muslim League

(N)

Islamabad.

49 Mrs. Nisar Tanveer Village Jasowala Tehsil

Gujjar Khan, Rawalpindi.


(N)

50 Shaheen Ashfaq Syed Bahadur Ali Civil Pakistan Muslim League

(N)

Line, Gujranwala.

51 Anusha Rahman Khan 75-A, Model Town, Pakistan Muslim League

(N)

Lahore.

52 Qudsia Arshad 2-B, St.No.56, F-6/4, Pakistan Muslim League

(N)

Islamabad.

53 Rukhsana Bangash 48-Kh-E-Iqbal, F7/2, Pakistan Peoples Party

Parliamentarians

Islamabad.

54 Shahnaz Wazir Ali 85-Sarfraz Rafique Road, Pakistan Peoples Party

Parliamentarians

Lahore Cantt.

55 Palwasha Muhammad

Zai Post Office Khas Tehsil

Pakistan Peoples Party

Parliamentarians

& District Chakwal.

56 Mrs. Beelum Hasnain 46,E-I, Gulberg-III, Pakistan Peoples Party

Parliamentarians

Lahore.

57 Mehreen Anwar

Raja 71-A, Shah Jamal,


Parliamentarians

Lahore.

58 Farzana Raja Village Chak Rajgan Pakistan Peoples Party

Parliamentarians

Tehsil Gujjar Khan,Distt

Rawalpindi.

250

59 Justice® Fakhar-un-

Nisa A-40, CMA Colony,


Parliamentarians

Khokar Lahore Cantt.

60 Miss. Fauzia Habib 18-E, Saidpur Road,

Rawalpindi.


Parliamentarians

61 Mrs. Shakeela

Khanum Rasheed 189-Shadman-II Lahore.


Parliamentarians

62 Mrs. Yasmeen

Rehman 197-Shah Jamal,


Parliamentarians

Lahore.

63 Samina Mushtaq Pugganwala House, Pakistan Peoples Party

Parliamentarians

Pugganwala Gujrat.

64 Begum Nasim Akhtar

Ch. Mouza Sher Shah Singh


Parliamentarians

District Multan.

65 Nargis Faiz Malik NE-1003, Gali No.5, Pakistan Peoples Party

Parliamentarians

Dhoke Hukam Dad,

Rawalpindi.

66 Dr. Nagina Sadaf H.No.21/3, Munshi Pakistan Peoples Party

Parliamentarians

Mohallah, M.B.Din

67 Nighat Abbas 72-G, Model Town, Pakistan Peoples Party

Parliamentarians

Lahore.

68 Mrs.Shabnam Waseem 60-X, Phase-III, DHA, Pakistan Peoples Party

Parliamentarians

Lahore

69 Nishat Afza Chak No.391/JB,

T.T.Singh


Parliamentarians

70 Uzma Fida Khawaja 258-D, People

Colony,Faisalabad


Parliamentarians

251

71 Zarqa Butt H.No.33, St.No.51, Pakistan Peoples Party

Parliamentarians

Islampura, Shahdara,

Lahore.

72 Syeda Abida Kalsoom 35-A, Satellite Town, Muthida Majilis-e-Aml

Pakistan

Naqvi Lahore.

73 Shumaila Rashid 17-D, Civil Line District Muthida Majilis-e-Aml

Pakistan

Sheikhupura.

74 Shamshad Javed

Inayat Mohallah-36, Saddat

Muthida Majilis-e-Aml

Pakistan

Macloud Road, Lahore.

75 Adla Hamood Qila Tara Singh Tehsil Muthida Majilis-e-Aml

Pakistan

Depalpur, Okara.

76 Tahira Asif Mian D-1/36, Wafaqi Colony, Muthida Quami Movement

Lahore.

77 Dr. Lala Rukh

Mustafa Khalidabad Depalpur, Muthida Quami Movement

Okara.

78 Iram Sohail Khan 34-D/II, Model Town, Pakistan Muslim League

(Functional)

Lahore.

79 Dr.Asma Mamdoot 111-G, Model Town,

Lahore


(Functional)

80 Mrs. Sultan Gull 102/A Punjab Housing Pakistan Democratic Party

Society, Cantt Lahore.

Source: Election Commission of Pakistan, (2008), “List of Contesting Candidates for Election to the Seats

Reserved for Women in National Assembly Pakistan.” URL:http://www.electioncell.com/wp-

content/uploads/2013/04/Form-V-Reserved-Punjab-National-Assembly.pdf

http://www.electioncell.com/wp-content/uploads/2013/04/Form-V-Reserved-Punjab-National-Assembly.pdf

http://www.electioncell.com/wp-content/uploads/2013/04/Form-V-Reserved-Punjab-National-Assembly.pdf

252

APPENDIX H

Interview Instrument

Semi-Structured Interview to Assess the Role and Contribution of Democratic

and Non Democratic Governments for Women Political Representation in

Pakistan

A. Personal Information

1. Name:__________________________

2. Age :_________________________

3. Birth Place:_______________________

4. Residence:______________________

5. Marital Status:________________

6. No. of Children:_______________

7. Nature of Family:_________________

8. Educational Status:_______________

9. Occupation:_______________

10. Occupation of Husband/Father:______________

B. Political Background

11. Are you member of any political party? If yes, which party?

12. How long you have been a member of the party?

13. How many times did you become the Member of Parliament?

14. How many times did you become the minister?

253

C. Contribution of Democratic and Non Democratic Regimes in

Empowering Women Politically

15. What is the contribution of democratic or non-democratic governments in

promoting women’s representation in the political arena?

15(b) Contribution especially in creating quota for women at different levels

of governance and at party level

16. Which regime/ government (either democratic or non-democratic) has

introduced Family laws in Pakistan (especially women’s rights in family through legal

system)?

254

17. Which regime/government (either democratic or non-democratic) has

taken effective measures against domestic violence? Also mention the measures.


taken initiative(s) against harassment of the women? Mention the initiatives also.


defined/framed the policy of equal employment (i.e equalizing position of men and

women in the paid labour)?

255

20. Which regime/government (either democratic or non-democratic) has put

effective efforts to deliver some public services to women? State the efforts.

21. In your opinion, what remain to be done and how that can be done?

256

APPENDIX I

List of Women Parliamentarians, Who Were Inverviewed.

Sr.# Name of Parliamentarians Description of Job Date of Interview

1 Iffat Liaqat Ali Khan MNA 2013-todate &

MPA Punjab Assembly 2008-13

14-07-2017

2 Mussarat Rafique Mehesar MNA 2013-todate 14-07-2017

3 Sajida Zulfiqar MNA 2013-todate 15-07-2017

4 Nafeesa Anayatuallah

Khattak

MNA 2013-todate 15-07-2017

5 Naheed Begum MPA Sindh Assembly 2008-13 &

2013-todate

16-07-2017

6 Heer Soho MPA Sindh Assembly 2008-13 &

2013-todate

16-07-2017

7 Rashida Akhtar Panhwar MPA Sindh Assembly 2008-13 17-07-2017

8 Farzana Hanif MPA Sindh Assembly 2008-13 17-07-2017

9 Tauqeer Fatima Bhutto MPA Sindh Assembly 2008-13

Minister for Women

Development

18-07-2017

10 Aisha Khatoon MPA Sindh Assembly 2013-

todate

18-07-2017

11 Nusrat Bano Seher Abbasi MPA Sindh Assembly 2008-13 &

2013-todate

19-07-2017

12 Najma Shaheen MPA KPK Assembly 2013-todate 19-07-2017

13 Bibi Fouzia MPA KPK Assembly 2013-todate 20-07-2017

14 Sajida Mir MPA Punjab Assembly 2008-13 20-07-2017

15 Tehseen Fawad MPA Punjab Assembly 2013-

todate

21-07-2017

16 Nabila Hakim MPA Punjab Assembly 2013-

todate

21-07-2017

17 Nighat Sheikh MPA Punjab Assembly 2008-13

& 2013-todate

22-07-2017

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18 Dr Zamurad Yasmin Rana MPA Punjab Assembly 2008-13 22-07-2017

19 Dr Ghazala Rana MPA Punjab Assembly 2008-13 23-07-2017

20 Shagufta Sheikh MPA Punjab Assembly 2008-13 23-07-2017

21 Fouzia Behram MPA Punjab Assembly 1988-90,

1990-93 and MNA 2008-2013

24-07-2017

22 Dr Nousheen Hamid MPA Punjab Assembly 2013-

todate

24-07-2017

23 Saadia Suhail Rana MPA Punjab Assembly 2013-

todate

25-07-2017

24 Shunaila Rutt MPA Punjab Assembly 2013-

todate

25-07-2017

25 Nasreen Jawaid Alias

Nasreen Nawaz

MPA Punjab Assembly 2013-

todate

26-07-2017

26 Afshan Farooq MPA Punjab Assembly 2002-07

&2008-13

26-07-2017

27 Gulnaz Akhtar Saduzai Lady Councilor 2013 -to date 27-07-2017

28 Amina Mustaq Lady Councilor 2013 -to date 27-07-2017

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