Recognition of marital rape in Pakistani Law
There is no legal Recognition of Marital [...] in Pakistani Law. Subjects covered within marital [...] are delineated in multiple separate laws governing the people of Pakistan. The first is the Hudood Ordinance, an implementation of Islamic Shari'a law enacted in 1979. The second is the Women's Protection Bill which reformed many Hudood Ordinance laws that covered [...] and adultery in Pakistan.
Hudood Ordinance and Shari'a Law
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Sources: Unicef 1997. UNIFEM 2003. |
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Prior to 1979, instances of marital [...] were under the purview of family law instead of criminal law. With the passage of the Hudood Ordinance in 1979, women were required to have four male witnesses to any [...] to corroborate any accusation of [...]. If they failed to provide such witnesses, they were convicted of zina, or extramarital [...].
Women's Protection Bill
Passed in November 2006, this bill moved the prosecution of [...] cases from the Hudood Ordinance to Pakistan's secular penal code. The bill enabled judges to try [...] cases in criminal court instead of Islamic court. These moves ended the need for multiple male witnesses to a [...] in order to prosecute. They also require that formal charges be brought in cases of an accusation of extramarital [...] in order to jail the accused.
Women's Rights in Marriage
There has, historically, been a conception of the conjugal right within marriage. This concept continues to be recognized as law in Pakistan. There are no recorded cases of marital [...] being successfully prosecuted against legally married couples in Pakistan.
References
- Koss, M.P., Dinero, T.E., Siebel, C.A., & Cox Stranger and acquaintance [...]: Are there differences in
- Sir Matthew Hale , Pleas of the Crown, Vol.1 736
- Clarie M. Renzetti, Requel Kennedy Bergen Violance Against Women 2004
- Suzanne G. Frayser, Thomas J. Whitby Sudies in Human Sexuality: A Selected Guide 1995
- A.Nicolas Groth , H. Jean Birnbaum Men Who [...]: The Psychology of the Offender 2001
- Samya Burney Crime or Custom? Violence Against Women in Pakistan 1999
- Irfan Latif Mir, Situation of Marital [...] in Pakistan Weekly Iqbalian. 23rd March 2002
- Naeem Butt, After Effects of Spousal [...] Monthly Daytime, January 2007
- Dr. Shahid Masood, Enough is Enough, Its time to Change Daily Nawa-e-Shumal, Sialkot Pakistan, 14th August 2007 Independence day Special
- Nicole Westmarland, [...] Law Reform in England & Wales School for Policy Studies Working Paper Serious April 2004, Paper 7
- Declaration on the Elimination of Violence against Women A/RES/48/104 23 February 1994.
- Not a one Minute more, ending Violence against Women, UNIFEM 2003
- Expert Group Meeting on good practices in legislation on violence against women United Nations Office at Vienna 26 to 28 May 2008 EGM/GPLVAW/2008
- Violance aginast Women, Amnesty International 1993, 11-12
- Violance against Women, Amnesty International 1995, 14
- ‘A World Free of Violence Against Women’, United Nations Inter-Agency Global Videoconference, 8 March 1999
- Frieze and Browne ,Violence in Marriage, Family Violence: Crime and Justice, A Review of Research, 1989