The question arises here: How can government implement this law and keep check on families? The West Pakistan Dowry (Prohibition of Display) Act 1967 was the first legislation to tackle the issue of dowry. Pakistani laws related to dowry (statutory law and case-law of superior judiciary in Pakistan from 2008-2017): 1. Sources have stated that the sort of dowry that is demanded as a mandatory entitlement is part of Hindu customs which have nothing to do with Islam – there is no concept of demanding a mandatory dowry in Islam. The dowry-custom should not be legitimatized by Pakistani elites, media, and intelligentsia; merely on the popular wisdom that dowry is a form of social security for the women. Domestic violence is a routine matter in such cases and is carried out not only by the husband but other family members of the husband as well. The details of gifts and dowry given to the bride-to-be entered into the … 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. Pakistan has become the first Muslim county in the world to pass the law of banning dowry completely. Like Bangladesh and India, Pakistan also has a law on dowry. Muhammad Ismail vs Judge Family Court Rahim-Yar Khan. 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). Counsel for the respondent resisted that the list of articles submitted as evidence was fake and concocted, hence coud not be admissible. Dowry is the money, goods or estate that a woman brings to a marriage. 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. The new dowry law will increase the limit to four Tolas gold from Rs. It has been decided by the Minister of Religious Affairs of Pakistan that dowry tradition will be banned. Despite the existence of anti-dowry laws, dowry victims do not receive justice because of the difficulties and expense of the legal process. This case held that in a suit for restitution of specific dowry articles, an option was generally available to the husband/defendant to either deliver the articles or make a payment equivalent to their value. By Nihad Amani | Updated: 12th October 2020 8:42 pm IST. 41–42). 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. She becomes depressed. A new law in 1976 set a certain amount of dowry to be permissible where the bridal gifts and marriage expenditure could not exceed 50,000 rupees (about $900). Concept of dowry in Islam and historical background of dowry in the Subcontinent. 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. In the past, technology wasn't limited to those who could afford it. It has been decided by the Minister of Religious Affairs of Pakistan that dowry tradition will be banned. the traditional wedding gifts in the form of cash and kind still continued but without the groom or his family demanding them. This act extends to all the citizens of Pakistan. 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. Q: Can overseas Pakistani file for divorce without coming to Pakistan? The writer hails from Skardu, Baltistan and is a legal practitioner at District and Session Courts Islamabad. It states that the value of dowry should not exceed 5000 rupees. Similarly, women also follow the same path out of guilt to relive their family of the burden of paying a dowry. MALIHA HAROON, Karachi. The average market value of the house is Rs.95,000, 000. 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. Before find answers of these questions, let me put a quick glance at ‘what dowry means in Pakistan’. Required fields are marked *. Pakistan bans dowry, in the historic decision, Pakistan has become the first Muslim country to make it illegal for a man to take dowry. According to a case (2016 CLC 1473 Shariat court AJ&K), a gift or benefit was, in essence, a bounty from one person to another. Dowry is taken by the groom’s family in form of money, cars, expensive gifts, and furniture. Act No. Before find answers of these questions, let me put a quick glance at ‘what dowry means in Pakistan’. Dowry is taken by the groom’s family in form of money, cars, expensive gifts, and furniture. 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. 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. The impugned order did not suffer from any legal discrepancy nor any substantial question of public importance was involved in the petition against such order (2008 SCMR 1584; section 5, Schedule 14 West Pakistan Family Courts Act). SC). Your email address will not be published. Pakistan has become the first Muslim country to ban dowry. Like Bangladesh and India, Pakistan also has a law on dowry. Dowry consists of those things that girl’s parents give to their daughter, so she could use them later in her In-laws house. Family Courts Act. Now these few things have expanded to cars, houses, lots of gold for in-laws. IX of 1972), are hereby repealed. 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. This suit was about alternatively recovering the value of dowry articles. Dowry is an evil custom. Another significant risk factor for dowry-related harassment was mother-in law's status in the family. The max amount that bride’s family can give to the bride as dowry is four tola gold. That law had imposed ban on the display and exhibition of dowry and presents. Is this the responsibility of government to correct people morals? 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. 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. Pakistani laws related to dowry (statutory law and case-law of superior judiciary in Pakistan). Whether the ownership of dowry articles vests with the wife. So she suicide herself. 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