NON-PROVISION OF RIGHT TO DIVORCE UNDER CLAUSE 18 OF MARRIAGE CONTRACT: A CAUSE OF DOMESTIC VIOLENCE

Abstract

Pakistani women face systemic gender-based violence both at home and workplace. This violence often magnifies after marriages, though for different reasons. Although women have the right to divorce under Islamic law it is hardly practised. Using the Integrative Feminist Model for women’s rights as a conceptual framework, this paper aims to focus on the restriction of the right to divorce as a cause of domestic violence (DV). Primary data for this study were generated from a population of 350 women in the age group of 18 to 60 years in urban Charsadda, Khyber Pakhtunkhwa (KP) from April 2022 to June 2022. Data reveals that most women suffer from domestic violence but could not use their legal right to divorce because of its non-provision, and also because of their lack of understanding of the provisions of the nikah form. In light of victim responses, this study suggests the introduction of peace education in all schools and in colleges to inculcate the merits of peace and discouragement of feuds and altercations. It is hoped that these lessons leant at school will help in resolving family disputes peacefully and ultimately protect women in general. For a better understanding of the official form of the marriage contract (nikahnama) in Urdu, this author presents a Pashto translation of this document.