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A freedom asserted in Pakistan

By B. Muralidhar Reddy

ISLAMABAD DEC. 20. In a landmark judgment, the Pakistan Supreme Court has ruled that all adult Muslim women were free to marry of their own free will and that they did not need seek the consent of their Wali (guardian) or other relatives.

A three-judge Bench said the Lahore High Court had no jurisdiction to reopen the matter, which had already been decided in 1981 by the Federal Shariat Court, the highest court to decide on matters related to Islamic laws.

The Supreme Court held that the Shariat Court's decision, allowing a sui juris Muslim woman to marry of her own free will, would remain in the field. The Lahore High Court had sparked a controversy by barring Muslim women from marrying of their own free will, and appeals against its decision were pending in the Supreme Court since 1997.

The apex court, in deciding an appeal against the decision of the Lahore High Court questioning the marriage of Arshad Ahmad and Saima Waheed, said the court had blown up the issue. "The sole controversy before the High Court was whether Saima was living in Dastak of her free will or not."

On another case in which the Lahore High Court had declared the marriage of Shabina Zafar with Mohammad Iqbal as invalid because of the absence of the Wali's consent, the Supreme Court deprecated the judge's conduct.

"The out-of-the-way and abnormal course adopted by the learned single judge has raised misgivings, which could have been avoided in the larger interest of fairness, and impartiality of the judiciary," it said. The court also exonerated Asma Jehangir, former chairperson of the Human Rights Commission, of any wrongdoing. Abdul Waheed Ropri had accused Ms. Jehangir of kidnapping his daughter, Saima.

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