Needed — law against dowry Dowry-related violence that was defined by the UN in 2009 as “any act of violence or harassment associated with the giving or receiving of dowry at any time before, during or after the marriage,” gets, regularly confused with and eventually covered in domestic violence. S.5 Sched. 41–42). Pakistan bans dowry, in the historic decision, Pakistan has become the first Muslim country to make it illegal for a man to take dowry. The marriage expenses include Mehndi, Baarat, and Valima’s functions. The Dowry Prohibition Act 1980 must be amended to make it effective. The dowry will just include clothes that are of the bride and bedsheets according to Islamic Sunnah. Dowry is illegal in India under the Dowry Prohibition Act of 1961, under which both giving and accepting dowry is offence.The punishment for violating the law is 5 years imprisonment + Rs.15000/- fine or the value of the dowry given, whichever is more. The lower courts had totally ignored the facts available on record and the fact that the defendant also failed to produce any other witness to rebut the contention of the plaintiff. 1. Due to fewer dowries the in-laws tortured the girl, they abused, insults and passed the sarcastic remarks. Frequently Asked Questions (FAQs): Divorce under Family Law in Pakistan. The federal laws are in any case being diluted with recent amendments and there has been a rise in tribal and rural rulers ignoring federal laws, making such laws largely ineffective. Claim: Dowry has been banned in Pakistan by a new law making Pakistan the first Muslim country to criminalise the practice. At the end, I want to give suggestions that a dowry is a very bad thing and should be banned in all countries. While the other form of dowry is based upon the discretion of the bride’s family and up to them whether to gift their daughter, the gifts should not be excessive or too expensive, as Prophet Muhammad has said, “The best of the marriages is one which is least burdensome in the financial sense to the families of the bride and the groom.”. MALIHA HAROON, Karachi. The goods prepared are called ‘jahazun‘. Dowry is taken by the groom’s family in form of money, cars, expensive gifts, and furniture. Humera Naseem vs ADJ Burewala, District Vehari. The contention of the husband was that no list of dowry articles was prepared at the time of marriage and that it was fabricated subsequently in the absence of valid receipts of purchase of the said articles, therefore the suit could not have been decreed and that appellate court was not legally justified to modify the decree passed by the Family Court and enhance the amount. The two main interpretations of dowry are (1) the property taken by the bride to her new home or given to her during the marriage rituals and (2) the property expected or even demanded by the husband and his family. The question arises here: How can government implement this law and keep check on families? Thus, it may be concluded that our laws and the decisions of the superior judiciary are pro women in Pakistan, which is justified and not unfair owing to the plight they have to go through in our society. The High Court in this constitutional petition added the price of the motorcycle (PKR 50,000) to the amount of decree passed by the Family Court and the Supreme Court held it to have been correctly added after finding that the motorcycle had been given to the wife at the time of marriage as a dowry article, which had been sold by her husband for PKR 50,000. Anti-dowry law proposed in meeting of Sindh cabinet limits dowry to Rs 50, 000Transport minister tells cabinet meeting that Karachi faces shortfall of 4,143 busesInfo minister says govt Whether recovery of dowry articles shall be treated differently than other recovery suits. Justifying this act, they argued that Prophet Muhammad (peace be upon him) also gave gifts to his daughter Fatima Zahra (R.A), even though they were simple household gifts but the concept is still alive of giving gifts to daughters on the occasion of their marriage, while supporting the groom’s financial status is still used as a justification. Since dowry is not legally banned in Pakistan, the amount personally paid by the female respondent’s parents can be asked without reservation in a Pakistani dataset such as the Pakistan Rural Household Survey. If they do ask for dowry the offender will be punished with two months in prison. While dowry is practiced in many different of the world, dowry-related violence is most prevalent in South Asia, in the nations of India, Pakistan, Sri Lanka and Bangladesh. They provide the things from basic needs to the things which come in luxuries … Thus, it was held that there were cogent and sound reasons for interference by the Supreme Court. 3. Mothers-in-law who had themselves experienced dowry demand were 14 (95% CI 5.0–40.4) and 5 (95% CI 1.3–18.9) times more likely to demand and harass daughters-in-law over dowry, respectively. The law made demands for a dowry by the groom's family illegal, as well as public display of dowry before or during the wedding. 3. Dowry consists of those things that girl’s parents give to their daughter, so she could use them later in her In-laws house. Pakistan has become the first Muslim country to ban dowry. Women's rights to inheritance separate from the dowry are offered some protection in the Muslim Personal Law of Shariat of 1948 and the Muslim Family Laws Ordinance of 1961 . Concept of dowry in Islam and historical background of dowry in the Subcontinent. Anti-dowry law proposed in meeting of Sindh cabinet limits dowry to Rs 50, 000Transport minister tells cabinet meeting that Karachi faces shortfall of 4,143 busesInfo minister says govt Ordinary residence referred to a place which had been taken up by the plaintiff with her own choice and with an intention to live in (2009 YLR 1700 LHR). Pakistani laws related to dowry (statutory law and case-law of superior judiciary in Pakistan). Copyright © 2020 Research Snipers All rights reserved. It was later manipulated and people began to be demand expensive gifts, cash and kind from the brides’ families, who were often pressurized, tortured, divorced, even burnt alive or attacked with acid. There has been a law that has been passed in Pakistan to ban dowry. The concept of dowry was common in Europe until the 19 th century and is still important in Islamic world. The dowry violence is not comprehended correctly in the official reports of the concerned organizations in public sectors and civil society. Counsel for the respondent resisted that the list of articles submitted as evidence was fake and concocted, hence coud not be admissible. Pakistan has become the first Muslim county in the world to pass the law of banning dowry completely. Thus, I firmly refused any money on the day of the wedding from my father-in-law. Definition of dowry articles according to contemporary laws enforced in Pakistan (sections and case-law): Dowry and Bridal Gifts (Restriction) Act 1976, Section 2(b) defines dowry in the following terms: “…any property given before, at or after the marriage either directly or indirectly, to the bride by her parents in connection with the marriage but it does not include property which the bride may inherit under the laws of inheritance and succession applicable to her.”, 2. Pakistan is the first Muslim nation to do so, in a historic decision. As a gift in Shariah is considered to be a legal disposition, according Shafi’i jurists it is recoverable under all circumstances, while the Hanafis, whose rulings are generally upheld by the courts in most Islamic countries, take the view that a betrothal gift is recoverable like any other gift and that unless the gift has increased in value, been disposed of or destroyed, the donor is entitled to revoke it. In Pakistan, a woman's family pays the groom a dowry to take their daughter as if she was a burden, and he must be compensated for taking her. How can government put law on people private life? The husband’s plea was that his brother-in-law had offered the motorcycle to him for selling, which he had purchased as he was a dealer of motorcycles and subsequently sold to someone else. At the end, I want to give suggestions that a dowry is a very bad thing and should be banned in all countries. Amiran vs Additional District Judge Bhakkar (Lahore). In this case, the husband claimed to have returned the dowry articles to the wife and relied upon the agreement signed by two brothers of the wife. The Act placed a restriction on displaying or exhibiting dowry and confirmed that all the gifts received by a bride were solely her property. Recovery of Dowry According to Islam and Pakistani Law. Act No. Pakistan's population has increased 57 per cent, from 132.3 million in 1998 to 207.7 million in 2017, making Pakistan the world’s 5th most populous country and the 2nd largest South Asian country. This suit was about alternatively recovering the value of dowry articles. Dowry’s variation worldwide Presented by: Manisha Hamal and Hasan Sohail 2. Initially the West Pakistan Dowry (prohibition on display) Act 1967 was promulgated but it was repealed by the Dowry and Bridal Gift Restriction Act 1976. In the latest development by the Minister of Religious Affairs of Pakistan has decided to ban the tradition of Dowry, in which men (groom) and his family asks for a dowry and then they put it on display. Required fields are marked *. When husband and wife cannot live happily together within the limits prescribed by Almighty Allah then they can dissolve their marriage through divorce or khula. What is the “ordinary residence” of the wife? In the light of the preceding issue-based analysis, it is clear that the concept of demanding dowry or the mandatory form of dowry has nothing to do with the injunctions of Islam and is a purely traditional practice that has stemmed from the early history of the subcontinent. “Pakistan has one of the highest numbers of dowry-related crimes; therefore, we need a strong and informative campaign. Frequently Asked Questions (FAQs): Divorce under Family Law in Pakistan. In conducting this research, the writer went through cases from 2008 to 2017 regarding the specific issues pertaining to the recovery of dowry articles and found that the maximum number of cases had been decided in favour of the wife and only a few cases were found in favour of the husband. By Nihad Amani | Updated: 12th October 2020 8:42 pm IST. Furthermore, it was not necessary in all circumstances and events to produce more than one witness to prove a case – the sole statement of any party, if it inspired confidence, could be relied upon for the purposes of adjudication of the case. The sixth Population and Housing Census held in 2017 reveals Pakistan's population has increased by 57 per cent, from 132.3 million in 1998 to 207.7 million. Q: What is the law for custody of children for divorcing couples in Pakistan? The question arises here: How can government implement this law and keep check on families? In this case, the recovery of dowry articles by a divorced wife was decreed by the Family Court and the decreed amount was modified and enhanced by the appellate court. When the ingredients of a ‘gift’ were completed, the same would become irrevocable. The legislators of Bangladesh still do not acknowledge that the dowry system has shifted as a result of women's increasing paid labour force activity. “I had just asked my in-laws that they should get their daughter married to me by putting half money from their side and half money will be put from my side. It states that the value of dowry should not exceed 5000 rupees. DOWRY AND BRIDAL GIFTS (RESTRICTION) ACT, 1976 ACT XLIII OF 1976 An Act to provide for restrictions on dowry and bridal gifts. A lot of appreciation can be seen that it is a great initiative by the Pakistani government to implement the law against Dowry in Pakistan. According to the report, the law has been implemented in all the provinces i.e. This piece of research has been divided into two parts: Part I. I was always against dowry. The “intention” of the wife to stay at a particular place was material and not the “length” of stay (2008 PLD 410 LHR). and also Section 113 B (presumption as to dowry death) have been made part of the Indian Evidence Act (I.E.A.) Sufficient evidence was available on record to establish that the dowry articles given to the plaintiff by her parents were still at the defendant’s house. It’s one of the few sensible pro-women legislation to come out of the Jamaat-e-Islami (JI). Is this the responsibility of government to correct people morals? Furthermore, guests are not permitted to give gift costing over PKR 1,000. In recent years, there has been an increased in the value of dowries in Pakistan. Pakistan’s Minister of Religious Affairs has decided to ban the dowry tradition, which essentially revolves around the family of the groom asking for expensive gifts, furniture, cars and, in … Section 17 of the West Pakistan Family Court Act 1964: “Provisions of Evidence Act and Code of Civil Procedure not to apply — (1) Save as otherwise expressly provided by or under this Act, the provisions of the Evidence Act, 1872, and the Code of Civil Procedure, 1908, [except sections 10 and 11] shall not apply to proceedings before any Family Court.”. This comes from the Arabic word ‘tajheez‘ which means to prepare someone for a journey. In the latest development by the Minister of Religious Affairs of Pakistan has decided to ban the tradition of Dowry, in which men (groom) and his family asks for a dowry and then they put it on display. Despite the existence of anti-dowry laws, dowry victims do not receive justice because of the difficulties and expense of the legal process. This was a suit filed by a wife for the recovery of dowry articles while the husband contended in the appellate court that the list of dowry articles did not bear the signatures of the trial court. The Supreme Court decided that the principles of Qanoon-e-Shahadat Order and Civil Procedure Code (CPC) were not stricto sensu applicable to family cases and decided in favour of the respondent (wife) (SCMR 2017 393. This study examined the prevalence and risk factors for dowry demand and dowry harassment and its psychosocial correlates across different social strata in India, and also by husband and mother-in-law characteristics. Following these, the Urdu word ‘jahez‘ was coined, as the Muslims of the Indo-Pak subcontinent were basically Hindus who later converted as Muslims and continued to follow some of their customary traditions with slight variations i.e. That law had imposed ban on the display and exhibition of dowry and presents. Though prohibited by law, dowry is widely practised, and often contributes to severe injuries and even death of young brides. Pakistan has become the first Muslim country to ban dowry. Fact: Dowry has not been banned all over Pakistan and there has been no legislation on the topic recently. Like Bangladesh and India, Pakistan also has a law on dowry. There is the Dowry Prohibition Act, 1961 which is enacted, and in addition the laws have been made more stringent namely, Section 304 B (dowry death) and Section 498 A (cruelty by husband or his relatives) have been integrated into the Indian Penal Code (I.P.C.) The judgment of High Court affirming the conclusion reached by the appellate court was not open to any exception and the leave to appeal was refused (2006 SCMR 1136). Pakistan bans the practice of dowry; passes law to make it criminal According to the new law, the allowed dowry will be just clothes (for the bride only) and bed sheets only. So she suicide herself. This suit by a wife for the recovery of dowry articles was initially dismissed by the Family Court but the appellate court decreed otherwise. When the possession of gifted property was handed over to the donee, the donor could not claim a return or recovery of the same. Dowry is an evil custom. While Islam has not restricted the giving of gifts to one’s children on their wedding, these gifts must not be excessive in any way. Dowry is the money, goods or estate that a woman brings to a marriage. “Even my parents were in agreement and against any exchange of dowry. The latter is what the anti-dowry movement addresses and Indian anti-dowry law prohibits (Menski 1998a, pp. Judgment of the appellate court was set aside and judgment of the trial court was restored (2010 YLR 848 LHR). Dowry is taken by the groom’s family in form of money, cars, expensive gifts, and furniture. Similarly, women also follow the same path out of guilt to relive their family of the burden of paying a dowry. The West Pakistan Dowry (Prohibition of Display) ... 87% of the participants of the survey have also never heard of anyone actually being penalized under any of the dowry laws, which comes as no surprise given the minimal effort made to control the practice of dowry. According to Islamic injunctions, there is no such concept of dowry that is mandatorily gifted to a daughter at the time of her marriage – such a concept of dowry is a moderated form of the dowry that is demanded which is, no doubt, a curse upon social values. It states that the value of dowry should not exceed 5000 rupees. What is dowry? The fine for this crime is at least Rs300,000. According to Section 5 of the Dowry and Bridal Gift Restriction Act 1976, alll property given as dowry or bridal gifts and all property given to the bride as a present shall vest absolutely in the bride, and her interest in the property however derived shall hereafter not be restrictive, conditional or limited. The average market value of the house is Rs.95,000, 000. Unfortunately, the practice of mandatory dowry still exists in certain remote areas of Punjab and Sindh in Pakistan, even when this practice has absolutely nothing to do with Islam, rather it goes against the very injunctions of Islam. 2. Is this the responsibility of government to correct people morals? The max amount that bride’s family can give to the bride as dowry is four tola gold. It has been decided by the Minister of Religious Affairs of Pakistan that dowry tradition will be banned. Dowry violence and Pakistan Disconsolately, it has yet to be criminalized in the Islamic Republic of Pakistan that has been ranked (yet again) the second worst country (148/149) on gender equality parameters as per the calculations of the report on gender global index by the WEF. The details of gifts and dowry given to the bride to be … The Khyber-Pakhtunkhwa Dowry, Bridal Gift and Marriage Functions Restriction Act of 2017 has thankfully put an end to it as far as the law in K-P is concerned. Claim: Dowry has been banned in Pakistan by a new law making Pakistan the first Muslim country to criminalise the practice. It was also held that the quality of evidence had to determine the fate of a case regardless of considering the quality of the decision of the case (NLR 2004 SD 576). In this case, it was held that admissibility of the list of dowry articles without its scribe could not be questioned on the ground of being violative of Qanoon-e-Shahadat Order 1984, since under section 17 of Family Courts Act 1964, provisions of Qanoon-e-Shahadat Order 1984 are not applicable to Family Court proceedings. Whether the laws and the decisions of courts to recover dowry articles are pro women. Similarly, women also follow the same path out of guilt to relive their family of the burden of paying a dowry. Related Case Law The Family Court had wrongly decided against the plaintiff on the grounds that she could not produce any other witness in support of her contention. Division of 20 Marla House under Law of Inheritance. Pakistan adopted the dowry system from Indian culture. How can government put law on people private life? Pakistan’s Ministry of Religious Affairs has decided to ban the tradition of dowry. MALIHA HAROON, Karachi. 2,500 for the total expenditure on a marriage, excluding the value of dowry, bridal gifts, and presents. Unfortunately, the practice of mandatory dowry still exists in certain remote areas of Punjab and Sindh in Pakistan, even when this … This suit for the recovery of dowry articles was concurrently dismissed by the Family Court and appellate court on the grounds that the wife was not able to adduce even a single witness in support of her contention and in such circumstances was not entitled to a claim of dowry articles. The cases in Pakistan are high due to the concept of dowry. When the engagement is broken due to the dowry the girl begins to live in the society with a sense of insecurity develops an inferiority complex and remains emotionally suppressed. Such is the dowry game, the exchange of goods and money that, despite all of Pakistan’s advances, continue to remain a fixture in the arrangement of marriages. Banning this tradition leads to happier life because it is a source of stress among parents of girls . In Pakistan there are 2000 dowry-related deaths per year, and annual rates increasing 2.45 per 100,000 women from dowry related violence. Moreover Bangladesh, a Muslim country, has already banned dowry in 1980. Since Pakistani dowry consists of gold/jewelry, clothing, furniture, kitchenware, and so on, we queried dowry amounts by item. Fact: Dowry has not been banned all over Pakistan and there has been no legislation on the topic recently. 2,500 for the total expenditure on a marriage, excluding the value of dowry, bridal gifts, and presents. The High Court decided the case in favour of the wife and held that the attached list exhibited in evidence was without objection and reservation – once a document had been exhibited in evidence without objection from the other side, no subsequent objection in respect of its admissibility could be taken (2009 CLC 255 PWR). Less dispensable women are apparently treated by in-laws with more kindness. The average market value of the house is Rs.95,000, 000. When husband and wife cannot live happily together within the limits prescribed by Almighty Allah then they can dissolve their marriage through divorce or khula. No illegality or jurisdictional defect was found in the impugned judgment. The impact of dowry in Pakistan is similar. SC). Islam is not against giving gifts to a bride on the occasion of her marriage as long as they do not exceed or go beyond the limits prescribed by Allah. The defendant could not prove, for instance, that the dowry articles given to the plaintiff by her parents had already been taken away by her. The family court would also be right in directing the husband/defendant to make a payment corresponding to the price of dowry articles if they had been mercilessly used or were in a damaged condition (NLR 2004 SD 1051). Same path out of guilt to relive their family of the Indo-Pak Subcontinent “ Islamized the. 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