Warda Kamran Adil
WOMEN constitute more than half of the population of Pakistan. However, they seldom enjoy financial freedom due to the patriarchal nature of society and structural impediments favouring gender imbalances. Breaking from the past, the Supreme Court has boldly upheld the law by holding that women are entitled to maintenance in matrimonial matters. In the latest case of Ambreen Akram, the main questions raised were: (i) when does a Muslim woman become entitled to maintenance money within a marriage? and (ii) under what conditions, if any, must the husband be excused from his marital obligation to pay maintenance to his wife? The Supreme Court of Pakistan adjudicated the matter in favour of the wife and the reasoning advanced by the Court merits consideration; this write-up highlights the reasons behind the Court’s decision.
It may be noted that the fundamental rights of dignity and privacy guaranteed in the Constitution require that a woman’s right to privacy be respected. In the first instance, the Court disapproved of the practice of asking unnecessary personal questions to women. In the case at hand, the key question before the Court was whether the woman was entitled to maintenance between the period of marriage and her actual ‘rukhsati’ (a ritual ceremony, rooted in custom, marking the bride’s formal departure from her parents’ house). The Court noted that ‘rukhsati’ is not a legal construct and cannot serve as a basis for denying the financial obligations of the husband. The family trial court and the High Court erred by not computing the period between the marriage and ‘rukhsati’ for determining the maintenance amount.
The Supreme Court’s approach is fortified by several principles in Islamic law, as the concept of ‘rukhsati’ was foreign to Arabia. On deeper introspection, it may be noted that the Holy Prophet (Peace Be Upon Him) went to live with Hazrat Khadija at her house after their marriage. Furthermore, it must be acknowledged that ‘rukhsati’ and similar concepts are products of a patriarchal mindset aimed at lessening a man’s financial obligations toward his wife and children. Justice Mansoor Ali Shah authored the judgment in very temperate language and recorded the essence of the law quite eloquently.
Finally, it must be observed that to make the environment and society safer for women and to break the stereotypical views of society, public trust in the country’s courts is revived after every such decision that aims to remove gender imbalances. “On Earth there is no heaven, but there are pieces of it.” – Jules Renard
—The author is a law student with a keen interest in legal studies.
