IN a recent court ruling that has sent shockwaves across the legal and social landscape, a former first lady found herself ensnared in a web of injustice. Despite lawfully divorcing her (former) husband and remarrying, she faced a conviction in a case marred by glaring deficiencies. What unfolded in the courtroom was not just an affront to the principles of justice but a chilling harbinger of the potential plight awaiting countless women and girls within the jurisdiction.
In a recent judgment, Shariat Court Judge Mufti Taqi Usmani asserted that a 39-day iddat period is sufficient, contradicting the legal provision granting women the right to determine the onset of their iddat period. This stance diverges from established legal principles, as exemplified by the citation 1992 SCMR 1273, which underscores women’s autonomy in this regard. Moreover, there is an additional discrepancy regarding the authority of lower courts to issue concise orders, as this power typically rests with higher courts, highlighting a potential procedural error in the judgment.
Central to the miscarriage of justice was the flagrant disregard for established legal frameworks, including precedents set forth by the Supreme Court, dictates of Shariah law and judgments rendered by the Federal Shariat Court. The judge presiding over the case, entrusted with upholding the sanctity of the law, instead veered from its course, setting a dangerous precedent that threatens to unravel the fabric of justice.
The ramifications of this flawed judgment are far-reaching and deeply troubling. It has not only unleashed a wave of uncertainty but has also emboldened former husbands to initiate a witch hunt against women and girls, exploiting the legal system to pursue vindictive agendas. Such a precedent not only undermines the integrity of the legal system but also perpetuates systemic injustices against women. This egregious miscarriage of justice demands unequivocal condemnation from all quarters, particularly from women and feminists who champion the cause of gender equality and justice. It serves as a stark reminder of the perils inherent in a system where judicial discretion can be wielded arbitrarily, disregarding established legal principles and perpetuating systemic injustices. The injustice has garnered acknowledgment even from opposition parties, with figures like Bilawal Bhutto condemning the judgment.
Beyond the immediate implications for the individuals involved, this case offers a sobering glimpse into a future where thousands of women across the country could find themselves ensnared in a similar web of injustice. It underscores the urgent need for collective action to hold accountable those responsible for upholding the rule of law, including the judge whose flawed judgment has sowed the seeds of injustice. Every woman must heed the call to stand up and speak out against this affront to justice. It is incumbent upon us to demand accountability, to challenge the prevailing narrative of impunity and to work tirelessly towards a future where justice is not a privilege but a fundamental right afforded to all. Failure to do so would not only perpetuate the cycle of injustice but would also betray the principles of equality and fairness upon which our legal system purportedly stands.
—The writer is a contributing columnist based in Islamabad.
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