Gender Justice in Pakistan: Balancing Islamic Law and International Norms

Abstract

One of the greatest issues that continues to persist in the legal and social system of Pakistan is gender justice. Pakistan being an Islamic republic, its legal system is informed by Islamic jurisprudence, and at the same time it is founded on the structure of the constitution that is aware of the international human rights obligations. This two-fold paradigm frequently sparks controversy over the coexistence of the international gender equality standards and the Islamic law. Regardless of constitutional safeguards of equality and the many legislative changes that were made to safeguard women, gender-based discrimination remains prevalent in Pakistan because of the socio-cultural customs, institutional claims, and the patriarchal understanding of law. The present research article investigates the efforts of Pakistan to reconcile Islamic law and standards of international human rights in influencing gender justice. The research, through a qualitative doctrinal research approach, examines the provisions of the constitution and women's protection laws and the international commitments of Pakistan through the Convention on Elimination of All Forms of Discrimination against Women (CEDAW). The literature review is also based on scholarly articles that deal with the issues of Islamic jurisprudence, legal changes, and socio-cultural visions of women's rights in Pakistan. The results indicate that gender inequality in Pakistan is not always a result of Islamic teachings but rather the result of patriarchal interpretations and poor application of legal safeguards. The study concludes that a balanced solution based on gradual interpretation of Islamic laws, institutional changes, and increased understanding of the masses can greatly improve gender justice in Pakistan.