Last week, former prime minister and Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan and his wife Bushra Bibi were handed a seven-year sentence each by a trial court in the iddat or ‘un-Islamic nikah’ case. Senior civil judge Qudratullah pronounced the verdict during proceedings at Adiala jail, on a petition filed by Bushra Bibi’s former husband Khawar Maneka, against the couple’s marriage. The verdict has been termed shameful and an assault on women’s rights by legal experts and civil society.
From The Human Rights Commission of Pakistan (HRCP), Women’s Action Forum (WAF) to Aurat March and legal experts, many have condemned the verdict vociferously. WAF Lahore in its statement said that the verdict “is an assault on women’s autonomy over their bodies, dignity and privacy, setting dangerous precedent for state’s intrusion into the private lives of citizens”. HRCP said that the verdict “could also set a precedent for Section 496 to be weaponised for political purposes”.
Lawyer Reema Omer made a pertinent point that by making a woman’s menstrual cycle the subject of criminal inquiry, “this case has cast a blow to women’s freedom to make decisions about divorce and marriage without fear of being dragged in court”. Aurat March Islamabad will hold a protest tomorrow against this unjust verdict, which has made a mockery of the legal system in Pakistan. This is not the first time that frivolous cases have been made against politicians but it is the first time that a disgusting and vindictive accusation by an ex-husband of a former first lady was levelled and the courts actually gave a verdict in favour of the shameless man while humiliating a woman in the process by taking away her agency. It was good to see that Chairman Pakistan People’s Party (PPP) Bilawal Bhutto-Zardari took a firm stand against the verdict and said that we should not stoop to this level in politics.
He also highlighted how this verdict can impact the efforts made in the past to safeguard women’s rights. Mr. Bhutto is not wrong in his assertion. The low level to which the state has stooped in order to humiliate a politician who has fallen out of favour is a blot on the justice system as well as score-settling. The verdict has set a precedent that judges and courts can now monitor women’s menstrual cycles, with some saying that the country might as well let all gynaecologists go and let the judges and courts give their expertise in this department.
From Fatima Jinnah to Benazir Bhutto to Bushra Bibi, we have seen how men hold the power to slander women for their personal gains and get away with it. No Pakistani citizen should remain silent on this shameful verdict and we all must register our protest at how this has taken our entire struggle and progress years back. It is not the state’s business to declare a marriage null and void in this shameless manner. At the end of the day, this verdict can impact each and every woman with a vindictive ex-husband. We hope that this sham of a verdict will be overturned as soon as possible in a high court. No woman will forgive the trial court that gave this verdict and no woman should ever trust the justice system again if this is not overturned and an apology issued not just to Bushra Bibi but all women of Pakistan.
As February 8, the date set for general elections in the country, approaches, Pakistani celebrities are using social media to tell their followers to vote. They say it’s super important for everyone to join in and choose who leads the country next, especially with all the economic and political challenges. Pakistani stars like TV’s veteran actress Bushra Ansari and actor Haroon Shahid talked to fans about why voting is important. Check out some of our favorite celebrities talking about why you should vote:
8th of February! Vote for 🦁🏹⚖️ or whoever you support. Send a text to 8300 with your CNIC and find out where you'll be voting. Pakistan Zindabad ❤️🇵🇰 pic.twitter.com/AfpKPJ4bLj
It’s people vs the system now. They can ban everything but not what our heart says. Please find out your constituency & vote! Pata tou chal gaya hoga kisko karna hai ab tak
Pakistanio, we need to show them the power of people against a corrupted system.
Taylor Swift made Grammys history Sunday by winning her fourth Album of the Year prize, the most of any artist – the crowning moment of a night of electric performances and breakthrough wins.
In taking home the honor at the 66th annual Grammys in Los Angeles, Swift surpassed the likes of Frank Sinatra, Paul Simon and Stevie Wonder, industry greats she previously had been tied with.
It’s a cherry on top for the 34-year-old, who is already one of music’s blockbuster stars.
“For me, the award is the work,” Swift said, who earlier in the night announced she would drop a new album on April 19. “I love it so much.”
“It makes me unbelievably blown away that it makes some people happy who voted for this award too.”
Swift however lost two other top prizes she was up for.
A Karachi resident, missing since the rains last weekend, was found dead in the storm drain near Baldia Town Factory.
The police said that the dead body found in the rain drain was that of Fakhar Alam, a resident of Baldia town. He left the factory where he worked after finishing his shift, but along the way, he slipped in the drain.
Fakhar was the father of five children. His body has been shifted to the morgue by the police.
The streets of Karachi got flooded after the sudden downpour while water was still standing in different places. However, the discharge of rainwater from the Korangi Causeway is underway.
Meanwhile, electricity was also suspended in several areas of the city
The Election Commission of Pakistan (ECP) said on Monday that it finished printing 260 million ballot papers for all 859 constituencies across the country, as reported by The News.
The spokesperson of the electoral body stated that they also completed the reprinting of some ballot papers for a few constituencies on time, as ordered by the Supreme Court (SC).
He also explained that after printing, the process of delivering ballot papers across the country is in progress and will be completed today.
The spokesman highlighted that for the 2018 general elections, they printed 220 million ballot papers using 800 tonnes of special security paper. However, for the 2024 general election, they printed 260 million ballot papers, requiring 2,170 tonnes of paper.
According to the spokesperson, the electoral body faced many challenges during the printing process, but ECP fulfilled its responsibility with honesty and completed the printing of ballot papers on time.
We knew Shah Rukh is the badshah of Bollywood but did you know, even Lollywood actors love him?
Veteran actor Javed Sheikh recently shared that on the set of the movie ‘Om Shanti Om,’ he made a request to Shah Rukh Khan, which was promptly fulfilled.
Discussing his collaboration with Shah Rukh Khan, Javed Sheikh said, “Shah Rukh Khan was my ‘smoking buddy’ during the filming.” He explained that during the shoot of ‘Om Shanti Om,’ there were two rules on the set – no photography and no smoking. Special arrangements were made for Shah Rukh Khan, with a table and an ashtray for cigarettes. Recalling his interaction with the Bollywood king on set, Javed Sheikh said, “When I met Shah Rukh Khan during the film shoot, he hugged me and offered assistance, saying, ‘If you need anything on the set, let me know.’ I expressed my preference for smoking and explained that I have to go out for it. Upon my request, Shah Rukh Khan immediately arranged for a table and placed an ashtray.”
‘Om Shanti Om’ was released in 2007, featuring actress Deepika Padukone alongside Shah Rukh Khan.
Thick fog in the plains of Punjab has severely affected inter-city travel. Due to heavy fog, Lahore-Sialkot Motorway is closed, while M-2 Motorway from Lahore to Farooqabad, M4, Shurkot Interchange to Gojra and Multan-Sukkur Motorway are also suspended.
Rain and snowfall are likely in Gilgit-Baltistan, Kashmir, and adjoining hilly areas today.
Many regions of the country are in the grip of severe cold and during the last 24 hours, Kalam was the coldest region of the country with a temperature of minus 9 degree Celsius recorded.
On the other hand, cold weather has returned to Karachi after heavy showers spread out over two days. However, the air in Karachi and Lahore is still polluted, while the air quality is relatively better.
In the first six months of fiscal year 2023–24, the federal government has exceeded expectations by collecting Rs472.77 billion in petroleum levy (PL), constituting an impressive 54 per cent of the total budgetary estimates for PL on petroleum products for the current fiscal year.
This collection marks a significant uptick, registering a remarkable 166 per cent increase compared to the same period in the previous fiscal year. The government achieved a substantial PL collection of Rs222 billion in the initial three months of the current fiscal year.
Originally budgeted at Rs869 billion for PL collection in the fiscal year 2023–24, the government revised its target to Rs918 billion following an increase in PL from Rs50 to Rs60 per litre on petrol and high-speed diesel (HSD). This adjustment aligns with the government’s commitment to the International Monetary Fund (IMF).
However, against this backdrop of successful revenue generation, the country witnessed a notable 15 per cent decline in the sales of petroleum products in the first six months of the current financial year.
According to the Oil Companies Advisory Council (OCAC), petroleum product sales dropped to 7.68 million tonnes, a considerable decrease from the 9.03 million tonnes recorded during the same period in the previous fiscal year (July to December).
January 20 marked the date when a landmark verdict from a session court in Karachi changed the landscape of the judicial approach in terms of intimate partner violence.
It has been precisely two weeks since the court announced in “The State vs Javed” that the “ocular version is also supported by the medical evidence which shows that the victim was a habitual passive agent of sodomy.” Sher Bano from Karachi lodged a complaint against her husband Javed at the police station about him subjecting her to sodomy despite her attempts to stop her. About two months after their marriage, she informed her mother-in-law, who didn’t say anything to him, she said, adding that then she disclosed her ordeal to her sister and brother, after which she lodged an FIR against her husband on November 23, 2022.
Garnering a fierce debate online, this also raised a couple of questions in my mind. If this was a case of sodomy, then why is it dubbed as a marital rape? Or are they both linked? I contacted Barrister Haya Zahid from the Legal Aid Society to hear her explain the legal complexities around these terms. Haya was welcoming and answered all my questions which helped me shape this article. Legal Aid Society has now been working for the last one decade. It started as a free legal aid clinic for the marginalized sections of society, especially women and children, and has now spread all over Sindh. In the last few years, they have proceeded with over a hundred cases of sexual violence, most including charges of sodomy and rape.
Haya’s works mostly surround policy and reform. Staying true to the mission statement to connect vulnerable and disempowered end users of justice with effective and expedient services for the delivery of justice, she runs the legal aid clinic efficiently and effectively. Her team includes 33 lawyers providing free services across Sindh. For instance, she is working on Fatima from Ranipur’s case, and her team is documenting the delays and lapses of the legal system. Apart from compiling research-based data, they are training judges and prosecutors. They even assist prosecutors, as they did in The State vs Javed case, Advocate Behzad Akbar from Legal Aid Society was writing arguments for the public prosecutor because they must proceed as sexual violence is a crime against the state. They train prosecutors for such cases, helping them in preparing the case.
“The reason we are all very excited is that in the current scenario in Pakistan, intimate partner violence is more common than rapes conducted by strangers” she started by setting the premise. “Spousal sexual abuse is physically and mentally more damaging. Women usually have tended to remain silent. According to our records, they come to our legal aid office to find out what they can do and most of them opt to tread the path of obtaining ‘khula’ which is accompanied by economic disadvantages. The majority of them do not pursue cases for protection against domestic violence let alone speaking about the intimate partner violence that they go through.”
Haya made it a point to mention that most of their clients of sodomy have been male children. Their parents feel less stigmatized in fighting for justice compared to the parents of female children. Sher Bano’s plea was refreshing in a way that she very soon left her husband after the marriage, informed her family about what she had to face and that this is not normal and fought the good fight. She put up with all the medical and legal requirements and despite certain minor discrepancies in her testimony, the judge had to take a broader approach as the claims were substantiated.
The State vs Javed
In the case the victim Sher Bano filed a case against her husband after approximately four months of marriage because he used to commit oral and anal sex despite her disapproval. She confided in her mother-in-law but was ignored. She eventually took the matter home, consulted a doctor and with the support of her family, lodged an FIR against her husband. She remained steadfast during the trial as the husband and his sisters accused her of being in love with someone else and therefore wrongly blamed his husband for sodomizing her. They even tried to use piles, which she suffered from, as an excuse to prove her claim wrong. Her grit is as Haya said, “music to the ears” because she emerged victorious.
What is Marital Rape in Pakistan’s constitution?
High Court Advocate Nimra Arshad in an explainer recorded by Dawn News sheds light on the term. There is still no such term as Marital Rape defined by the law but after the Criminal Law Amendment Act 2021, the definition of rape was broadened in Article 375 of Pakistan Penal Code. Previously, the implication of the law was that rape is when a man has non-consensual sex with a woman who is not his wife but now the definition involves non-consensual sex between a man and a woman irrespective of what relation they share.
The punishment is laid out in Article 376 of PPC which can be a death sentence or life imprisonment for 10-25 years.
Criticism over three-year punishment
Barrister Haya Zahid explained that rape has more punishment in law as compared to sodomy. Because the primary abuse in this case, proven in front of the court, is sodomy, the case proceeded in line with the Criminal Law Amendment Act 2021. This law is pivotal in this case as the definition of rape was totally reformed in this amendment and was hence used in this case. According to an amendment in article 375, a person is said to have committed rape if the person penetrates his penis, inserts, or manipulates any object or part of the body to any extent into the vagina, mouth, urethra or anus of another person against their will, without consent, or consent being taken with coercion. Considering this a case of sodomy, it was still treated as marital rape because the victim was in a spousal relation with the offender and their marriage was intact when she filed the case. Resultantly, the court declared that the accused was not able to prove his point of any personal enmity that the victim (the wife) had an affair with somebody else and therefore, she implicated him falsely. “The prosecution has, thus succeeded in proving the charge against the accused only under section 377 Pakistan Penal Code beyond a reasonable shadow of doubt, therefore this point is answered accordingly,” the final verdict declared.
“This has become a seminal case where conviction of a spouse took place for sexual abuse,” Haya said enthusiastically.
They can recontest the conviction of three years which is much less than that of rape, but this may damage the case as it would be put to trial again and because the victim has gone through a lot, this will be draining for her too.
Response over conviction
Social media is mostly celebrating the verdict. BOL Network contacted LAS, and Advocate Safia Lakho represented them in their morning session where she not only explained the proceedings of the case but explained how this case will be a trailblazer in the legal history of Pakistan. “So many women, oblivious of the law itself, silently enduring the pain daily, have got to know about their rights through this judgment and it is a great achievement indeed,” she said.
However, some critics are saying this is not a case of marital rape, this is sodomy. Haya reinstated, “The definition of rape has changed as per law; this is rape happening in the context of a spousal relationship which is the highest form of intimate partner violence that there can be. We are acknowledging it as the first ever conviction of marital rape under the changed definition of rape which is in place since 2021”.
Interpretation of the verdict in the Islamic context
To understand the popular claims and interpretations used by the masses to either condemn or appreciate the conviction of marital rape I talked to multiple scholars including Mufti Mohammad Sohail Ahmad who is an MPhil in Usool-e-Din (Principles of Religion) from International Islamic University, Islamabad, now serving in Nottingham, UK. He delineated the basic principles as laid by the main text of the Qur’an: In Islamic schools of thought, there are two ways to go about it: Hadd and Tazir.
Hadd is equivalent to a death sentence, implying that strict action needs to be taken for the severity of the crime. Tazir on the other hand is a punishment for an offence that is culpable, and this is to be decided by the ruler or a judge according to the severity of the crime. It is strongly impermissible for a man to have sexual intercourse with his wife when she is menstruating. The other thing that is frowned upon by the laws of Islam is sodomy or unnatural sex- a crime strongly punishable by Islam.
Three-quarters of Islamic schools of thought consider Hadd to be implemented in cases of sodomy.
Image taken from @_Abdullah_Salehon X
The other scholar I consulted was Dr. Fazal-e-Hannan who is a PhD from Punjab University, Lahore and is serving as Sheik-ul-Hadith in Jamia Nazamia, Lahore. The unanimous response lays out the condemnation of the act of sodomy and applause for the verdict of the court. “It is good precedent set by the court,” Mufti Sohil Ahmad asserted, “making most of the latest medical and technological advancement to identify these crimes is a welcome change in Pakistan.”
As for the fact of a man forcing himself over his wife and inflicting pain upon her, they agreed that it is liable for a punishment. Islam stresses that husbands ought to be kind and considerate about the emotional, mental, and physical state of the wife. Allah says, “and live with them in kindness” [Quran 4:19] It is even stressed by the Prophet (SAW) as he said: “Be kind to your wives.” [Al-Bukhari and Muslim].
Javed Ahmed Ghamidi, in one of his lectures, emphasized that the relationship of a husband and wife is mutual and there is no other opinion about it.
However, the bottom line is that there are protocols of Islam that need to be followed for sexual intimacy. If violated, then needs to be dealt with accordingly.
Repudiation of implied consent theory
Advocate Nimra Arshad in her explainer describes that many people use religion to describe their chauvinistic views about the concept of marital rape whereas Islam is the same religion which provides women the protection, kindness and care they deserve in a marriage and if that is not given, there is a reasonable exit available too.
Pakistan’s law is essentially an extension of British law as proposed by Sir Matthew Hale who believed that a marriage perpetually gives man consent to treat his wife as a property. This implied consent theory is long been amended in the UK under Sexual Offences Act 2003 where spousal rape now falls under sexual assault, but the remnants of that law are very much intact in our country.
Final thoughts
Sher Bano has paved the way for women to not submit to unjust and violent behaviour in the name of marriage. This case also highlights the importance of support of the family which makes a woman invincible, especially in a society like ours. As much as raising awareness is the duty of the state, it is equally a compulsion for it to ensure the safety of citizens by making pertinent, pragmatic, and bold laws. Not recognizing marital rape as the highest form of intimate partner violence is a fact that remains in place till today.
In this part we will discuss Matiari, Tando Allahyar, Hyderabad, and Tando Mohammad districts of Hyderabad division of Sindh. Hyderabad is the largest division of Sindh in the context of districts. It consists of nine districts with 13 National Assembly (NA) and 28 provincial assembly (PA) seats.
Matiari, with two PA seats and one NA seat, is famous for handicrafts of Hala and the tomb of Bhit Shah. The Makhdooms of Hala and famous novelist Bina Shah hail from this district. In NA 216 Matiari, 12 candidates are contesting. However, PPP’s Jami-Uz-Zaman and PML-N Sindh president Bashir Memon, who beside his community is also supported by GDA and JUI-F, are the main contenders on this seat. Jamil-Uz-Zaman won this seat in 2018 by getting over 100,000 votes while his close rival GDA’s Fazal Shah got 50,000 votes. Makhdoom has a bigger challenge to retain his ancestral seat while Memon has to prove his worth. Naseer Memon, brother of Bashir Memon, is the PML-N candidate who, alongside eight others, will challenge PPP’s Mehboob Zaman on PS 56 Matiari-I. Nargis Naz of PTI is also in the running here. Mehboob defeated Naseer in 2018 by taking 50,000 votes, while Naseer got 34,000 votes. On another provincial assembly seat, PS 57 Matiari-II, 15 candidates are testing their luck, but the real contest is expected to take place between PPP’s Fakhar Zaman and GDA’s Syed Jalal Shah. PTI’s Gulzar Hussain is also contesting on this seat. Jalal Shah was beaten by PPP’s Rafiq Zaman in 2018. He got 24,000 votes while the PPP candidate polled around 46,000 votes.
Tando Allahyar district in Hyderabad division has one NA and two PA seats. PPP’s Zukfiqar Bachani, who won NA 217 in 2018 by getting more than 90,000 votes, is facing 17 candidates. Raheela Magsi of GDA would be his main challenger, while PTI’s Rozina Bhutto is also contesting. Bachani family has been winning this seat continuously since 2002. In 2018, there was seat adjustment between PTI and other anti-PPP political parties and families. Raheela Magsi of GDA, Syed Zia Abbas Shah of PPP, Rashid Hussain Meo are among 23 candidates vying for victory on PS 58 Tando Allahyar-I. In 2018, PPP’s Zia Abbas Shah won this seat while his close rival was PTI’s Ali Palh, who got 34,000 votes against 58,000 votes of PPP candidate. Aslam Leghari of PTI, M. Mohsin Magsi of GDA and Imdad Ali Pitafi and other nine candidates are competing on PS 59 Tando Allahyar-II. Imdad Pitafi of PPP won this seat in 2018 by taking 47,000 votes while his close rival GDA’s Khair Muhammad Khokahr got 39,000 votes. Magsi family will display some resistance, but it seems PPP is poised to retain its hold in this district.
There are three NA and six provincial assembly seats in Hyderabad district. In 2018, PPP won one NA and three PA seats while the remaining two NA and three PA seats were grabbed by the MQM. In NA 218 Hyderabad-I, 11 candidates are the running. Syed Tariq Hussain of PPP, Nasreen Akhtar of MQM, and Zubair Khadim of JI are prominent among the contestants. PPP may retain this seat. JI’s Meraj-Ul-Huda Siddiqui, Mehmood Qadri of JUP Noorani, Mohammad Ashraf of PkMAP, Ali Muhammad Sahito of PPP, Abdul Aleem Khan of MQMP, Husnain Rashid of PML-N, Mustansir Billah of PTI and Muhammad Momin Kunwar are prominent among 40 candidates who are running for NA 219 Hyderabad-II. MQM will try to retain this seat while others, especially the PPP, are poised to challenge their hegemony. On NA 220 Hyderabad-III, 36 candidates are running. JUP(N)’s Abul Khair Zubair, PML-N’s Khalid Aziz, MQM-P’s Syed Muhammad Hussain, Tahir Majeed of JI, PPP’s Waseem Khan Rajput and PTI’s Faisal Mughal are among notables running on this seat. A close contest is expected here between the PPP and MQM-P.
PPP candidate Jam Khan Shoro won PS 62 Hyderabad-I in 2018 by getting 35,000 votes. His close rival Ayaz Latif Palijo of GDA got 13,000 votes. In 2024 elections, Jam Khan Shoro is running again to retain the same constituency re-designated as PS 60 Hyderabad-I. His rivals are Afroz Shoro of PTI, Ayaz Latif Palijo of GDA, Sajid Ali of MQM-P, Mehboob Mahesar of JI and 19 others. Hyderabad’s main locally of Sindhi speaking population Qasimabad is in this constituency. Ayaz Latif banks on residents of that area for success. However, here Jam Khan Shoro seems favourite for victory. On PS 61 Hyderabad-II, 22 candidates are contesting in 2024. Anwar Ali of PTI, Fateh Muhammad Shoro of JI, Saeed Ahmed Talpur of JUI-F and Sharjeel Inam Memon of PPP are prominent contestants. Sharjeel Inam Memon won this seat in 2018 by getting 44,000 votes. The PPP candidate is the frontrunner on this seat. On PS 62 Hyderabad-III, the total number of candidates is 35. Awais Khan of PTI, Hashim of ANP, Faizullah of JUI-F, Abdul Jabbar of PPP, Sabir Hussain of MQM-P, Saif-Ul-Rehman of JI, Syed Muhammad Hassan of JUP-N, Saeed Akbar of PkMAP, and Khalid Aziz of PML-N are the prominent among them. Abdul Jabbar of PPP won this seat in 2018. A close contest between the PPP and MQM-P is expected during these polls. 41 contestants are vying on PS 63 Hyderabad-IV. Yasir Talpur of PML-N, Muhammad Rehan Rajput of PTI, Kamran Shafique of MQM-P, Sanam Talpur of PPP and Afaq Nasir of JI are the main contenders. MQM-P’s Naeem Siddiqui won this seat in 2018. PPP’s Sanam Talpur may put some resistance. However, MQM-P may clinch this seat. 45 candidates have fielded their nomination papers on PS 64 Hyderabad-V, which include PPP’s Aajiz Dhamrah, MQM-P’s Muhammad Rashid Khan, JI’s Zaheeruddin Shaikh, Rashid Hameed of PML-N and PTI’s Naeem Uddin. In 2018, MQM-P won this seat; PTI was the runner up while PPP stood third. Although history favours MQM-P, PPP will try to turn the tables. 42 candidates are running on PS 65 Hyderabad-IV. Shoaib Shaukat of PTI, Nazim Ali Arain of JUP-N, Nasir Hussain Qureshi of MQM-P, M. Fareed Qureshi of PPP, and Irfan of JI are the notables among them. MQM-P won this seat in 2018 and they will repeat same in these elections.
