The Constitution and Female-Initiated Divorce in Pakistan

The legal status of Muslim women, especially in family relations, has been the subject of considerable international academic and media interest. This Article examines the legal regulation of divorce in Pakistan, with particular attention to the impact of the nation’s dual constitutional commitments to gender equality and Islamic law. It identifies the right to marital freedom as a constitutional right in Pakistan and demonstrates that in a country in which women’s rights are notoriously and brutally violated, female divorce rights stand as a ray of light amidst the “darkness” of the general legal status of Pakistani women. Contrary to the conventional wisdom construing Islamic law as opposed to women’s rights, the constitutionalization of Islam in Pakistan has proven to be a potent tool in the service of women’s interests. Ultimately, I hope that this Article may serve as a model for the utilization of both Islamic and constitutional law to benefit women throughout the Muslim world.