Research Journal: Differences in Women’s Perspective on Legal Rights

Mumtaz, K. (1994). Identity Politics and Women: “Fundamentalism” and Women in Pakistan. In V. Moghadam (Ed.), Identity politics and women: Cultural reassertions and feminisms in international perspective (pp. 228-242). Boulder: Westview Press.

Resistance to government’s Islamization program has not been a unified struggle for all women in Pakistan. A sharp divide exists between women who Mumtaz calls “fundamentalists” and women’s right activists. The difference in their perspectives arises from factors such as class differences and exposure to type of education (Western education or Islamic education). Although the concerns of the two groups are the same: they call for a ban on polygamy, demand fair divorce procedures, etc., the bifurcation in their ideas emerge regarding the concept of gender equality, women’s role, legal rights etc.

Women’s Action Forum (WAF), which was created in response to Zia’s Islamization program, has been at the forefront questioning patriarchal structures and the use of misinterpreted Islam to justify restrictive legal laws. While women’s rights activists challenge strictly defined gender roles and the notion of women being nurturers and reproducers of society, “fundamentalist” women embrace these ideas. They opt for complete gender segregation. So which organizations or political party are “fundamentalist” women affiliated with? Mumtaz identifies that most “fundamentalist” women are either supported by Jama’at-i-Islami or they belong to its student wing called Jama’at-i-Talebat. Also, the party has a strong influence in urban areas that have gone through industrialization. Other religious-based political parties include Jamiat-Ulema-e-Pakistan (JUP), Jamiat-Ulema-e-Islam (JUI), Anjuman Sipah-e-Sahaba, but none of these parties have a women’s wing or women members in their higher ranks.

Before picking this book, I had incorrectly assumed that most women in Pakistan would consider the Hudood Laws to be restrictive and downright discriminatory towards women. However, “fundamentalist” women do not think that way. They argue that women should not interact with men and therefore should not pursue careers in politics, but these “fundamentalist” women –although small in percentage when compared to the party’s total members – hold positions in their party and parliament themselves.

Research Journal on Women Prisoners in Pakistan: Changing Practices to Enforce Laws and Rights

Ali, A., and Shah, N. A. (2011). Women Prisoners In Pakistan: Changing Practices To Enforce Laws & Rights. Kuwait Chapter of Arabian Journal of Business and Management Review. 1(4). 57-63.

In Pakistan, rates of female imprisonment have increased significantly over the recent decades. Ali and Shah identify the Hudood Ordinances as one of the major reasons for the increase. They cite that a report by National Commission on the Status of Women states that 80% of female prisoners are locked up because they cannot disprove rape charges and have subsequently been convicted of adultery. (They did not provide which year the report was released.) Furthermore, 80% of them are raped in police custody.

Ali and Shah note that only 10% of the judges in the country are female. They argue that people (including judges) carry the cultural prejudices of their society. Having predominantly male judges reflects the patriarchal norms that work against women. The lack of representation of women in the judicial system is troubling. I want to find out the percentage of female judges in lower and higher courts and see whether more restrictive laws are applied to rape charges in the lower or higher levels of judiciary. This will enable me to see if there is a higher correlation between male judges and restrictive laws issued.

Ali and Shah conducted a study at Youth Offenders and Special Prison for Women, a jail founded in 1993 in Peer Ilahi Bakhash Colony, Jamshed Town. After surveying 200 women prisoners under the jail staff’s supervision, they concluded the following:

Screen Shot 2014-11-06 at 8.29.25 AM