Irfan Pebriyansyah
Program Studi Hukum Keluarga Islam, Pascasarjana, Universitas Islam Indonesia, Indonesia
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ABSTRACT
This study examines the dynamics of women’s rights protection within the framework of contemporary Islamic family law in Pakistan. The background of this study is rooted in the evolution of family law, which reflects an ideological struggle between the vision of legal modernism and the demands of traditionalism grounded in classical Sharia norms and the legacy of British colonial common law. These dynamics place women in a vulnerable position amidst a legal pluralism involving state regulation, religious interpretation, and customary practices. The primary objective of this study is to evaluate the effectiveness of the national legal framework, particularly in protecting women’s civil and economic rights within the institutions of marriage and inheritance. The methodology employed in this study is a qualitative approach with a legal-political analysis that examines the implementation of the Muslim Family Laws Ordinance 1961 and its interaction with other regulations and judicial practices in Pakistan. The findings indicate that while the MFLO 1961 serves as a significant milestone in curbing male dominance—such as through Article 6, which requires Union Council approval for polygamy—its effectiveness remains hindered by various systemic obstacles. In the dissolution of marriage through Khula, women are often burdened with severe financial consequences, including the requirement to forfeit their dowry rights.