Regime Type and Women's Substantive Representation in Pakistan: a Study in Socio Political Constraints on Policymaking

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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

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

i 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

ii 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

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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.

List of Tables

Table Table Title Page No. 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 56 one or other time. 3.3 List of Aqwam, often Muslims, considered Kammins (Menials) 57 usually on the basis of low occupation 7.1 Women’s Reserved Seats at Various Legislative Levels in Government 146 of India Act, 1935 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 154 Elections 7.5 Province-wise Women Legislators on Reserved Seats During Two 156 Tenures of National Assembly 1962-64 & 1965-69 7.6 Province-wise Apportionment of National Assembly Seats (with 159 Reserved for Women) Under Yahya Khan Legal Framework Order,1970 7.6.1 Number of Seats in Various Provinces according to Legal Framework 160 Order, 1970 with Seats Reserved for Women 7.6.2 Province-wise Participation of Women on General Seats in 1970 161 Elections. 7.7 Province-wise Seats in the Federal Legislature in 1972 163

7.8 Province-wise Reserved Seats for Women in National Assembly, 1985 168 Amendments 7.8.1 Province-wise 1985 Elections Contest Process for Women’s Reserved 169 Seats in National Assembly 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 170 Provincial Assembly 1985 7.8.5 List of Successful Candidates to the Seats Reserved for Women in 171 Provincial Assembly of Sindh 7.8.6 List of The Returned Candidates to the Seats Reserved for Women in 171 Provincial Assembly of NWFP (now Khyber Pakhtunkhwa) 7.8.7 List of The Returned Candidates to the Seats Reserved for women in 172 Provincial Assembly of Baluchistan

7.9 Province-wise 1988 Elections Contest Process for Women’s Reserved 172 Seats in National Assembly 7.9.1 Province-wise Women on Reserved Seats in National Assembly 1988 173

7.9.2 List of The Returned Candidates to the Seats Reserved for women in 173 Provincial Assembly of Punjab 7.9.3 List of The Returned Candidates to the Seats Reserved for women in 174 Provincial Assembly of Sindh 7.9.4 List of The Returned candidates to the Seats Reserved for women in 174 Provincial Assembly of NWFP(now Khyber Paktunkhwa) 7.9.5 List of The Returned candidates to the Seats Reserved for women in 175 Provincial Assembly of Baluchistan 7.10 Winners Contesting on General Seats in Three Elections: 1990, 1993 175 &1997 170 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 181 through Reserved Seats in Pakistan 7.12 Province wise Enhancement of Seats in National Legislature (With 182 Enhancement in Women’s Reserved Seats) 7.12.1 Enhancement of Seats in Provincial Legislature (With Enhancement in 183 Women’s Reserved Seats) 7.13 Party-wise Position of nominated/elected women on Reserved Seats in 183 National Assembly 7.13.1 Nature of Women MNAs’ Intervention in National Assembly 2002- 185 2007 7.13.2 Women’s Intervention in Major Categories of Law Making during 185 2002-2007 7.14 Party-wise Position on Seats Reserved for Women, National Assembly 187 2008 7.14.1 Party-wise Position of Nominated/Elected Women on Reserved Seats 188 in Provinical Assemblies 2008 7.14.2 Comparison of Male/Female MNAs Moving PMBs under Major 189 Categories of Bills 7.15 Party wise Allocation of Tickets to Women for Contest on General 194 Seats in 2013 Elections

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

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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

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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

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

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

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)

1 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)

2 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.

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-

4 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

5 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.

6 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.

7 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.

8 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.

9 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.

10 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.”

11 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.

12 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.

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.

14 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.

15 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.

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.)

17 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.

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)

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).

National Assembly of Pakistan (1962-64) Under Ayub Khan’s tutelage and army backing

National Assembly of Pakistan (1965-69) 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).

National Assembly of Pakistan (1972-77) 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). National Assembly of Pakistan (1985-88) Gen. Zia as president with military backing National Assembly of Pakistan (1988-90) Democratic, chosen under electoral procedure

National Assembly of Pakistan (1990-93) Democratic, chosen under electoral procedure

National Assembly of Pakistan (1993-96) Democratic, chosen under electoral procedure

National Assembly of Pakistan (1997-99) Democratic, chosen under electoral procedure

Gen. Pervaiz Musharraf takes over as a self- declared Chief Executive/President through a managed referendum, backed by military power (1999-2002).

National Assembly of Pakistan (2002-07) Elected Assembly under the influence of Gen. Musharraf backed by the army

National Assembly of Pakistan (2008-13) Democratic, chosen under electoral procedure

National Assembly of Pakistan (2013-todate) Democratic, chosen under electoral procedure Source: Reworked from Hamid Khan(2009), Constitutional and Political History of Pakistan.( Karachi: Oxford University Press)

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.

22 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)

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.

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

[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. 26

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

“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.

“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

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

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

65 The Qur’an, 20:50 66 The Qur’an, 30:30

31 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

32 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

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.

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.

“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

74 The Qur’an, 4:35 75 The Qur’an, 4:128

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

“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

“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

“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

85 The Qur’an, 2:236 86 The Qur’an, 2:237

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

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

42 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.

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

“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.

45 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

46 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

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.

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.

49 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):

“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.

51 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

52 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.

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

54 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.

55 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.

56 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

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

58 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.

59 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.

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/.

61 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.

“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.

“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.

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.

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.

66 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.

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.

68 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.

69 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.

70 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.

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.

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.

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.

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.

75 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.

76 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.

77 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.

78 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.

79 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.

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.

81 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.

82 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.

83 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.

84 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.

85 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.

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.

87 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.

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.

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.

90 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.

91 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.

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.

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.

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.

95 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.

96 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.

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.

98 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.

99 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.

100 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.

101 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.

102 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.

103

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.

104 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.

105 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.

106

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.

107 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.

108 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.

109 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

110 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)

111 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.

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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.

113

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.

114

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.

115 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.

116 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.

117 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.

118

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.

119 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.

120 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.

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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.

122

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.

123 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.

124 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.

125 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.

126 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.

127

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

128 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

129 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)

130 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.

131 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

132 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.

133 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)

134 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.

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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.

136 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.

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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.

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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.

139 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.

140 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.

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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.

142 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.

143 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.

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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

145 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.

146 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 Percentage of Seats Women Reserved for Women A. Federal Level i. Council of State 6 10.71 ii. Federal Legislative Assembly 9 16.07 B. Provincial Level i. Provincial Legislative Council -- -- ii. Provincial Legislative 41 73.22 Assemblies

313 Mona Lena Krook, (2009), Quotas for Women in Politics: Gender and Candidate Selection Reform Worldwide. (New York: Oxford University Press) p.59.

147

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.

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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.

149

Table 7.2: Territorial Allocation of Women’s Seats in Legislature

Provinces and Sates Women’s Percentage of Seats in Women’s Seats Legislature 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.

150

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 Total Women Percentage Women Elected Percentage Total Assembly Seats Elected on on Reserved Percentage General Seats Seats (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- 210 1** 0.48 10 4.76 5.24 July1977

1985-88 217 2 0.92 20 9.22 10.14

1988-90 217 4 1.84 20 9.22 11.06

151

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.

152 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.

153

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 3 3 6 Pakistan 2 Provincial Assembly 5 - 5 East Pakistan 3 Provincial Assembly - 5 5 West Pakistan 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

154

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 3 3 5 5 women Number of nominations 9 14 17 33 filed Number of nominations - - - - rejected Number of nominations 9 14 17 33 found valid Number of nominations 2 3 - 5 withdrawn Number of members - - 1 - elected unopposed Number of candidates 7 11 16 28 contested Number of members 3 3 5 5 returned 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.

155 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.

156

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 Begum Mujeebun Nisa Mohammad Akram 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.

157 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.

158 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.

159

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 Percentage Seats Percentage of Total Seats of General reserved for Seats Seats Women reserved for Women 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.

160

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 Percentage Seats reserved Percentage of Total Seats of General for Women Seats reserved Seats for Women 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 40 95.24 2 4.76 42 Pakhtunkhwa) 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.

161 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 Returned Candidate General Seats East Pakistan 3 0

Punjab 1 0 Sind 5 0 Baluchistan 0 0 NWFP(now Khyber 0 0 Pakhtunkhwa) 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

162 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.

163

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

Seats in the Federal Legislature Sr. Name of Province No. General Percentage Women Percentage Total of General of women Seats 1 NWFP( now Khyber 18 96.15 1 3.85 26 Pakhtunkhwa) + Tribal Areas 7=25 0 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.

164

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.

165 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

166 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.

167 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.

168

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.

169

Table 7.8.1: Province-wise 1985 Elections Contest Process for Women’s Reserved Seats in National Assembly

Number Number whose Number that Number that Number Province nominated for nomination papers withdrew their contested the of winner election were rejected candidature election 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.

170

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 4 Khyber Pakhtunkhwa) 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.

171

Source: Government of Pakistan, Election Commission of Pakistan [1985], Report on the 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 Provincial Assembly of Sindh

1 Mrs. Gulzar Unar 4 Dr. Ameena Ashraf 2 Mrs. Naureen Akhtari 5 Mrs. Maqbool Ahmad 3 Mrs. Perveen Marri Source: Government of Pakistan, Election Commission of Pakistan [1985], Report on the 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 Source: Government of Pakistan, Election Commission of Pakistan [1985], Report on the General Elections 1985. Vol.III, (Islamabad) p.261. 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.

172 withdrew their candidature. As a result, all of them contested the election on due date. The following two were winners.352

Table 7.8.7: List of the Returned Candidates to the Seats Reserved for Women in Provincial Assembly of Baluchistan (2 Seats)

1 Fazila Aliani 2 Agha Pari Gul Source: Government of Pakistan, Election Commission of Pakistan [1985], Report on the General Elections 1985. Vol.III, (Islamabad) p.284.

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

Seats in National Assembly

Number Winner Number whose Number who who Province Nominated Nomination Papers Withdrew their Contested were Rejected Candidature the Election 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.

173

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

Table 7.9.2: List of the Returned Candidates to the Seats Reserved for Women in 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.

174

Source: Government of Pakistan, Election Commission of Pakistan,[1985], Report on the 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

Table 7.9.3: List of the Returned Candidates to the Seats Reserved for Women in 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 Source: Government of Pakistan, Election Commission of Pakistan,[1988], Report on the General Elections 1988. Vol.III, (Islamabad) p.262.

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.

175 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 Source: Government of Pakistan, Election Commission of Pakistan,[1988], Report on the General Elections 1988. Vol.III, (Islamabad) p.286.

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.

176

Begum Nusrat Bhutto Mrs Benazir Bhutto Syeda Abida Hussain Mrs Benazir Bhutto 1997-1999 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.

177

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.

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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.

179

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.

180 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

181 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 Tehsil Town District Minority Total Councils Councils Councils Councils Group Women Punjab 20,007 1,074 50 1,115 27 22,273 Sindh 5,878 297 59 360 87 6,681 NWFP(now 3,963 175 30 278 6 4,452 Khyber Pakhtunkhwa 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.

182 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

Enhancement in Women’s Reserved Seats)

General Percentage Women Percentage of Total Seats of General Women Seats 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 12 100.00 - - 12 Tribal Areas 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;

183

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

Enhancement in Women’s Reserved Seats)

Province General Percentage Women Percentage Non- Percentage Total Seats of General of Women Muslims of Non- Seats Muslims Baluchistan 51 78.46 11 16.92 3 4.62 65 Khyber 99 79.84 22 17.74 3 2.42 124 Pakhtunkhwa 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.

184

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 Percentage of Number of on Reserved Seats 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

185 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.

186

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 Development Organization), p.48.

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 Development Organization), p.51.

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.

187 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.

188

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 PA % PA % PA % PA % Total Party KPK Punjab Sindh Baluchistan

369 Ibid; p. 103.

189

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. Categories of Mover’s/Gender Total No. Bills Male Percentage Female Percentage Constitutional 1 11 52.4 10 47.6 and Legal 21 Business and 18 2 9 50.0 9 50.0 Economics 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

190 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

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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.

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“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.

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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.

194 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

Tickets Allotment by Political Parties to Women for Contest on General Seats Sr. Name of Party 2008 General Elections 2013 General Elections No. National Provincial Total National Provincial Total Assembly Assembly Assembly Assembly 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 Other Parties that Filed Three 11 3 2 5 15 19 34 or Less Candidates 12 Total on Party

375 Ibid.

195

Tickets 41 37 78 61* 99 160

13 Independents 31 83 114 74* 185 259 Total Women Contesting 72 120 192 135 284 419 Seats 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.

196 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.

197

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

198

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.

199

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.

200

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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

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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

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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.

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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

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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

222 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;

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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;

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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.

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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.

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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.

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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.

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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.

229 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,

230 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.

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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,

242 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:

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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.

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APPENDIX G

List of Contesting Candidates for Election 2008 to the Seats Reserved for Women in the National Assembly Punjab

Sr. Name of Contesting Address of the Contesting Party Affiliation No Candidate Candidate 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. Tanzeela Aamir 10 Chak No.35/SB, Tehsil & Pakistan Muslim League Cheema District Sargodha.

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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 Bagowal Kalan Post Office 14 Neelam Shahid Pakistan Muslim League Tehsil and District Gujrat

Rubina Shaheen 15 I-S-P, Wasa-We-Wala, Pakistan Muslim League Wattoo Depalpur, Okara. Yakut Jamil-ur- 10-St.No.76, G-6/4, 16 Pakistan Muslim League Rehman Islamabad. 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. Rehana Aleem 20 17-D, Faisal Town, Pakistan Muslim League Mashhadi Lahore. 157- Garden Block, 21 Dr. Hajra Tariq Aziz Pakistan Muslim League Garden Town, Lahore.

102-B Tech, Society, 22 Onaza Ehsan Pakistan Muslim League Lahore 174-B,Shahdman 23 Farzeen Ahmed Pakistan Muslim League II,Lahore

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24 Farzana A. Malik Mohallah Masjid Pakistan Muslim League Baghban Wali, Attock 25 Nasira Naseer Rana 86-HH, DHA, Lahore. Pakistan Muslim League Shahzada Kousar 26 H.No.121, St.No.34, G- Pakistan Muslim League Gilani 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. Mariam Awais 31 2-Habib Ullah Road, Pakistan Muslim League Mamdoot Lahore. 32 Rehana Hashmi H.No.25, St.No.21, F- Pakistan Muslim League 7/2, Lahore.

H.No.887, St.NO.18, 33 Seyda Sajida Baqar Pakistan Muslim League Tehsil & District Sialkot. 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

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Pakistan Muslim League 36 Begum Ishrat Ashraf Chak No.105/P, (N) R.Y.Khan 50-B, Qasim Road, Multan Pakistan Muslim League 37 Mamoona Hashmi Cantt. (N) Begum Tahmina Pakistan Muslim League 38 Daultabad Ludden, Daultana (N) Vehari Pakistan Muslim League 39 Tahira Aurangzeb 780/F, Satellite Town, (N) Rawalpindi.

Pakistan Muslim League 40 Begum Nuzhat Sadiq H.No.213, St.No.33, F- (N) 10/1, Islamabad. Pakistan Muslim League 41 Nighat Parveen Mir 110/J Kanari Bazar (N) Chok/L, Jhelum. Pakistan Muslim League 42 Khalida Mansoor 18-X, 1/Madina Town, (N) Faisalabad.

Pakistan Muslim League 43 Shahnaz Saleem 2/B, Kayaban Sarwar, (N) D.G.Khan. Parveen Masood Pakistan Muslim League 44 Aziz Bhatti Road, Model Bhatti (N) Town-A, Bahawalpur. Pakistan Muslim League 45 Sabeen Rizvi H.No.27, St.No.30, F- (N) 8/1, Islamabad.

Pakistan Muslim League 46 Shireen Arshad H.No.10, St.No.1, (N) SectorG-6/3, Islamabad. Pakistan Muslim League 47 Surriya Ashgar Tehsil & District Norwal. (N)

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Pakistan Muslim League 48 Tasneem Siddiquee H-384, St.No.72, F-11/I, (N) Islamabad. Village Jasowala Tehsil Pakistan Muslim League 49 Mrs. Nisar Tanveer Gujjar Khan, Rawalpindi. (N) Pakistan Muslim League 50 Shaheen Ashfaq Syed Bahadur Ali Civil (N) Line, Gujranwala. Pakistan Muslim League 51 Anusha Rahman Khan 75-A, Model Town, (N) Lahore.

Pakistan Muslim League 52 Qudsia Arshad 2-B, St.No.56, F-6/4, (N) Islamabad. Pakistan Peoples Party 53 Rukhsana Bangash 48-Kh-E-Iqbal, F7/2, Parliamentarians Islamabad. Pakistan Peoples Party 54 Shahnaz Wazir Ali 85-Sarfraz Rafique Road, Parliamentarians Lahore Cantt.

Palwasha Muhammad Pakistan Peoples Party 55 Post Office Khas Tehsil Zai Parliamentarians & District Chakwal. Pakistan Peoples Party 56 Mrs. Beelum Hasnain 46,E-I, Gulberg-III, Parliamentarians Lahore. Mehreen Anwar Pakistan Peoples Party 57 71-A, Shah Jamal, Raja Parliamentarians Lahore.

Pakistan Peoples Party 58 Farzana Raja Village Chak Rajgan Parliamentarians Tehsil Gujjar Khan,Distt

Rawalpindi.

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Justice® Fakhar-un- Pakistan Peoples Party 59 A-40, CMA Colony, Nisa Parliamentarians Khokar Lahore Cantt. 18-E, Saidpur Road, Pakistan Peoples Party 60 Miss. Fauzia Habib Rawalpindi. Parliamentarians Mrs. Shakeela Pakistan Peoples Party 61 189-Shadman-II Lahore. Khanum Rasheed Parliamentarians Mrs. Yasmeen Pakistan Peoples Party 62 197-Shah Jamal, Rehman Parliamentarians Lahore.

Pakistan Peoples Party 63 Samina Mushtaq Pugganwala House, Parliamentarians Pugganwala Gujrat. Begum Nasim Akhtar Pakistan Peoples Party 64 Mouza Sher Shah Singh Ch. Parliamentarians District Multan. Pakistan Peoples Party 65 Nargis Faiz Malik NE-1003, Gali No.5, Parliamentarians Dhoke Hukam Dad, Rawalpindi.

Pakistan Peoples Party 66 Dr. Nagina Sadaf H.No.21/3, Munshi Parliamentarians Mohallah, M.B.Din Pakistan Peoples Party 67 Nighat Abbas 72-G, Model Town, Parliamentarians Lahore. Pakistan Peoples Party 68 Mrs.Shabnam Waseem 60-X, Phase-III, DHA, Parliamentarians Lahore

Chak No.391/JB, Pakistan Peoples Party 69 Nishat Afza T.T.Singh Parliamentarians 258-D, People Pakistan Peoples Party 70 Uzma Fida Khawaja Colony,Faisalabad Parliamentarians

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Pakistan Peoples Party 71 Zarqa Butt H.No.33, St.No.51, Parliamentarians Islampura, Shahdara, Lahore. Muthida Majilis-e-Aml 72 Syeda Abida Kalsoom 35-A, Satellite Town, Pakistan Naqvi Lahore.

Muthida Majilis-e-Aml 73 Shumaila Rashid 17-D, Civil Line District Pakistan Sheikhupura.

Shamshad Javed Muthida Majilis-e-Aml 74 Mohallah-36, Saddat Inayat Pakistan Macloud Road, Lahore.

Muthida Majilis-e-Aml 75 Adla Hamood Qila Tara Singh Tehsil Pakistan Depalpur, Okara.

76 Tahira Asif Mian D-1/36, Wafaqi Colony, Muthida Quami Movement Lahore. Dr. Lala Rukh 77 Khalidabad Depalpur, Muthida Quami Movement Mustafa Okara. Pakistan Muslim League 78 Iram Sohail Khan 34-D/II, Model Town, (Functional) Lahore. 111-G, Model Town, Pakistan Muslim League 79 Dr.Asma Mamdoot 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

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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?

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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)?

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17. Which regime/government (either democratic or non-democratic) has taken effective measures against domestic violence? Also mention the measures.

18. Which regime/government (either democratic or non-democratic) has taken initiative(s) against harassment of the women? Mention the initiatives also.

19. Which regime/government (either democratic or non-democratic) has defined/framed the policy of equal employment (i.e equalizing position of men and women in the paid labour)?

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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?

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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 & 14-07-2017 MPA Punjab Assembly 2008-13

2 Mussarat Rafique Mehesar MNA 2013-todate 14-07-2017

3 Sajida Zulfiqar MNA 2013-todate 15-07-2017

4 Nafeesa Anayatuallah MNA 2013-todate 15-07-2017 Khattak

5 Naheed Begum MPA Sindh Assembly 2008-13 & 16-07-2017 2013-todate

6 Heer Soho MPA Sindh Assembly 2008-13 & 16-07-2017 2013-todate

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 18-07-2017 Minister for Women Development

10 Aisha Khatoon MPA Sindh Assembly 2013- 18-07-2017 todate

11 Nusrat Bano Seher Abbasi MPA Sindh Assembly 2008-13 & 19-07-2017 2013-todate

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- 21-07-2017 todate

16 Nabila Hakim MPA Punjab Assembly 2013- 21-07-2017 todate

17 Nighat Sheikh MPA Punjab Assembly 2008-13 22-07-2017 & 2013-todate

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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, 24-07-2017 1990-93 and MNA 2008-2013

22 Dr Nousheen Hamid MPA Punjab Assembly 2013- 24-07-2017 todate

23 Saadia Suhail Rana MPA Punjab Assembly 2013- 25-07-2017 todate

24 Shunaila Rutt MPA Punjab Assembly 2013- 25-07-2017 todate

25 Nasreen Jawaid Alias MPA Punjab Assembly 2013- 26-07-2017 Nasreen Nawaz todate

26 Afshan Farooq MPA Punjab Assembly 2002-07 26-07-2017 &2008-13

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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