Pakistan Journal of Gender Studies 1

Vol. 12, pp. 1-18, ISSN: 2072-0394

A Historical Analysis of Human Rights And Women’s Status

in Pakistan
Abida Parveen
Sheikh Zayed Islamic Centre
University of Karachi

Abstract
Human rights are the fundamental rights which are inherent to all human beings.
Whatever the nationality, place of birth, caste, gender, ethnic or national origin,
religion are equally entitled to human rights without discrimination. All these rights
are interconnected. These rights are resulted by the struggle of different human
societies. In 2003 Byrne Darren stated that “the in alienable and indivisible right held
by all are the basic standards of justice. Without justice and equality people cannot
live with dignity. Human rights are a set of individual and collective rights that have
been formally promoted and protected by international and domestic law since the
UN Declaration of human rights in 1948. Islam gave human rights as early as the
fourteenth century. In Islam one tries to remain subservient in total submission to the
creator, the ever living one true God (Allah). The true guidance in life can only come
from Holy Qur’an and the Qur’an has the answers to change the tears of the world
into smiles. In the Qur’an women is raised to a status of a dignified human being.

Keywords: Human Rights, Women’s Status, Domestic Law, Justice, Equality




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Introduction

Human rights may be regarded as those fundamental rights in any part of the world is entitled
by virtue of having been born as human being. In common parlance these rights may be said
those rights which are inherent in the people by virtue of their being human being.
2 A Historical Analysis of Human Rights and Women’s Status in Pakistan

Human rights are guaranteed by law in the forms of treaties, customary international law,
general principles and other sources of international level. Human rights law are
obligations of governments to comply in certain ways or to refrain certain acts in order to
promote and protect freedom of individual or groups. According to Hannum, “The
fundamental rights that humans have by the fact of being human, and that are neither
created nor can be abrogated by any government” (Hannum, 2011). Blattberg (2009)
described that human rights are “Commonly understood as inalienable fundamental rights
to which person is inherently entitled simply because she or he is human being”. Human
rights are thus conceived as universal and egalitarian. That mean these are applicable
everywhere and equally for everyone. “These rights may exist natural rights or as legal
rights, in local, regional, national and international law”.

Human Rights are about human both in individual and collective sense. Anybody has the
right to argue as human being what he or she has the rights? These are accepted standards
of permitted and forbidden actions in a state, which are consonant with justice, reason or
goodness. These standards are maintainable morally and socially and can be justifiably
claimed by anybody (Littman, 2003). The rights refer to those rights that are universal to
humanity based on justice, regardless of residency status, ethnicity, citizenship and
gender. The term “first gained wide usage in English due to the abolitionist movement,
which drew on the common humanity of slaves and free persons” (Alston, 1992).
According to the article 18 of Universal Declaration of Human Rights “when someone
wants to speak about human rights, requires a conception of what rights one possesses by
virtue of being human. That does not mean human rights in the self evident sense that
those who have them, but rather, the rights that human beings have simply because they
are human beings and independent of their varying social circumstances and degrees of
merit (Donnley, 1989).

In the human history of civilization, the idea of rights and liberty existed although theme
were different conception as in modern time. The famous experts on human rights Jack
Donnelly described of that in the traditional societies the systems of “duties conceptions
of justice, political legitimacy and human flourishing that sought to realize human
dignity, flourishing, or well being entirely independent of human rights. These
institutions and practices are after native to, rather than different formulations of human
rights” (Donnley, 1989). The modern sense of human rights can be seen from the
Renaissance Europe and the Protestant Reformation. These were developed during the
early modern period alongside the European secularization of Judeo Christian ethics. The
concept of human rights evolved in the west as important ethical concepts of justice and
equality. McIntyre believed that there was no word for “right” in any language before
1400. Medieval charters of liberty such as the English Magna Carta were not charters of
human rights, rather these were the foundation of limited and agreement to address
 Abida Parveen 3

specific political circumstance, in the case of Magna Carta later being recognized in the
course of modern discussion about rights (Blattberg, 2009)

Islamic View of Human Rights

Prophet Muhammad (Peace be Upon Him), fourteen hundred years before gave a
complete packages of human rights in the farewell sermon. He presented such guiding
principles for protection of human rights, which when applied, have the potential of
creating peace to the suffering people of entire planet. The Prophet said about human
beings:

O people listen carefully to what I say! May be the next year after this
(Pilgrimage) I never meet you again.

O People. God has created you from only one man and a woman and
distributed you in groups and tribes, so that you could be recognized
distinctly; To Allah, he / she from among you is more respected and
eminent, who is the more pious among you.

O people listen carefully; your sustainer is one and your father is also
one. Remember, neither a nun-Arab has superiority over an Arab, nor
an Arab a non-Arab; neither a black man has preference over a white
one, nor a white man over a black one.

All human beings are the opposing of Adam and there is no reality
about Adam except he fact that Adam was created out of clay (Khan,
2008).

The Prophet (Peace be Upon Him) said:

Now, all claims of superiority and nobility, all demands of blood and
wealth, all retribution stand crushed under my feet. However,
guardianship of the House of Allah and services of providing drinking
water to the pilgrimage performance will continue unchanged (Khan,
2008).

This enunciates universal fraternity. The last sermon of the Prophet Muhammad
(Peace be upon him) eliminates tribal and regional prejudices. It establishes
universal brotherhood, put an end to tribal vendettas and revenge killings and
put an end to tribal vendettas and revenge killings. It also, provides the basis of a
just economic system.
4 A Historical Analysis of Human Rights and Women’s Status in Pakistan

Prophet Muhammad (Peace be Upon Him) protected of rights of women and

ensured:

O’ people! Your women have got rights over you. Similarly, your
rights are upon your women. One of these rights is not to let any man
others than her husband to establish sexual relations with her. Women
should absolutely keep away from committing perversion. Should they
happen to commit this mistake. Their husbands are allowed to punish
them, but it should not be excessive (Sani, 1999).

He stressed that

Among the rights that women have upon you, one is that you should
feed and clothe them well. I advise you to behave fairly with women
because, on entering the wedding contract with you, they become
submissive to you and do not remain independent. Fear Allah in their
case. As you obtained them in the name of Allah on his name alone,
they became legitimate to you (Sani, 1999).

The Quran is thus, provides the basis and guidelines for the protection of women rights.
This sermon is the final guidance of the Holy Prophet to the community.

This remarkable farewell message is a charter of emancipation for all oppressed people
and the basis for a just socio-political system. This sermon bears good findings for all
humanity. The practical application in true spirit will serve the safeguarding of the rights
of all people on earth. It is the best contribution of Islam to world civilization.

Prophet Muhammad (Peace be Upon Him) practiced each and every command laid down
by the Quran and set up an ideal society on this basis. His deeds are recorded in
compilation known as Sunnah. Under the social system of Islam, no human being is
discriminated on ground of gender, power or wealth. We find many verses in the Quran
which clarify the position of man and woman in society. Both are like two wheals of a
carriage jointly working for its smooth running. Both are equally important in the eyes of
God. The status of women in Islam will be discussed again in this article.

Here, we have to examine the state of Human Rights from 18th to 20th century with
reference to the charter of United Nations.

Human Rights in Various Centuries

The issue of the Human Rights was introduced by Spanish clarics, such as Francisco de
Vitoria and Bartolome de Las Casas. In the Valladolid, Juan Gones de Sepulvede,
 Abida Parveen 5

mentioned an Aristotelian view of humanity as divided into classes of different worth,

argued with Las cases who argued in favour of equal rights to freedom of slavery for all
human regardless of race of religion (Hannum, 2011). In Britain in 1683, the English Bill
of Rights, an Act Declaring the Rights and Liberties of the subject and setting the
succession of the crown and the Scottish claim of Right each made illegal a range of
oppressive governmental action (Blattberg, 2009).

In United States, major charges emerged during the 18th century (1776) leading to the
adoption of the United States Declaration of Independence. In France the French
Declaration of Rights of Man and of the Citizen was established. Both of these provided
certain legal rights. These were followed by the Virginia Declaration of Rights in 1776
emerging a number of fundamental civil rights and freedoms. These all hold that all men
are created equal and endowed by their creator with certain unalienable rights that among
these are life, liberty and the pursuit of happiness (Blattberg, 2009).

These were followed by philosophers such as John Stuart Mill, Thomas Paine and G.W.F
Hegel during 18th and 19th centuries. The term human rights in Europe and USA was used
in Paine’s the Right of Man and William Lloyd Garrison’s in 1831 writings in the
Liberator. He mentioned that the way trying to enlist his readers in “The Great Cause of
Human Rights”. Blattberg also said that the term “Human Rights” has been used by one
author in 1742 (Blattberg, 2009).

During the early 19th century, William Wilberforce in Britain worked for the abolition of
slavery and because of his efforts the British crown passed the Slavery Abolition Act in
1833. The institution of Slavery had abolished between 1778 and 1804 in the Northern
States of the USA. This “Peculiar institution” resulted the civil war in America in
Southern states. Soon, after several amendments to the constitution of the USA were
made (Hannum, 2011). The thirteen amendment banned slavery and fourteen amendment
gave full citizenship and civil rights to all people born in the USA and the 15th
amendment guaranteed African Americans the right to vote (Hannum, 2011).

During the 20th century, many movements were launched to achieve human rights. In the
west (Europe / North America) professional social groups (labour unions) brought about
laws granting workers the right to strike, work hours and forbidding child labour. The
movements were also successful to achieve right of vote for women. National liberation
movements succeeded in driving out colonial powers. The Indian subcontinent was
divided into two parts and ended the British Raj. Movements by long oppressed racial
and religious minorities had been successful in various parts of the world i.e. the African
American civil Rights movements, minorities Movements and Women Movements in the
USA. In 1864 the Red Cross, the labour code and the Geneva Convention were
established. This laid the foundation of International Humanitarian Law, which further
6 A Historical Analysis of Human Rights and Women’s Status in Pakistan

developed following the two World Wars (Hannum, 2011). The League of Nations was
established in 1919 and the Treaty of Versailles helped to end the war. The League’s
goals included disarmament collective security, improving global welfare and settlement
of disputes between countries through negotiation.

In fact, the charter of the League of Nations was a mandate to promote human rights
which were later incorporated in the Universal Declaration of Human Rights. After the
world war II, the Yalta conference (1945) the Allied Power established, The United
Nations. The United Nations played important role in developing human rights and
international human rights through its forum International Humanitarian Laws and
International Human Rights Law were agreed. The United Nations charter provided a
basis for the development of international rights protection. The preamble of the charter
provides that the members “reaffirm faith in fundamental human rights in the equal rights
of men and women” (Johnson et.al., 1998). It states that the purpose of the formation of
the United Nations is “to achieve international co-operation in solving international
problems of an economic, social, cultural or humanitarian character, and in promoting
and encouraging respect for human rights and for fundamental freedom for all without
distinction as to race, sex, language and religion” (Charter of the United Nations).

Discussion

Today there are numerous international treaties on human rights promulgated since the
UN Declaration to which increasingly large number of Nations States are a party, while
the language of human rights increasingly pervades moral, political and legal vocabulary
to such an extent that may have claimed we now live in an age of rights. Human rights
are those fundamental rights to which every man and or women living any part of the
world entitled by virtue of having been as human being.

There are two main approaches of human rights, first is the Western and second is the
Islamic approach. Mostly in Western societies, it is believed that the world has got the
concept of human rights from the west. Western thinkers and scholars say the world has got
the modern human rights from the great charter of Magna Carta, the first document
received by the king from his subjects, which was issued by King John in 1215, but it did
not limit the power of King in middle ages and it was just a piece of paper. Until 17th
century, Elizabeth and Stuart periods no one knows that Magna Carta contained the
principles to bound the king to renounce certain rights, respect legal principles, respect
procedure control of parliament on the right of taxation and accept that the will of king
could be bound by law. It shows that Western nations had no concept of human rights till
the end of 16th century. We find explanation of these concepts or ideas at the end of 18th
century in the constitution of USA and France. After the USA and French constitutions
many other countries included basic human rights in their constitutions but were not given
 Abida Parveen 7

to their people in their reality. In the middle of 20th century the United Nations passed the
Universal Declaration of Human Rights against genocide and therefore, formulated the
laws to check and revise it. Under the United Nations charter, an intergovernmental body
seeks to apply international jurisdiction for universal human rights legislation. Within the
UN machinery, human rights issues are primarily the concern of the United Nations
Security Council and the United Nations Human Rights Council and there are numerous
committees for safeguarding different human rights treaties (Safdar, 2005). The United
Nations has an international mandate to achieve international cooperation in solving
international problems and disputes of an economic, social, cultural or humanitarian
character, and in promoting and encouraging respect of human rights and for basic
freedoms for all without distinction of race, language, religion or gender (Henkin, 1987).

Islam is Universal religion which introduced the concept of human rights before any
other society in the world. Islam gives the ideas of a noble individual regardless of his/her
caste, colour and creed and restored the dignity of entire humanity. Islam paved a way for
an integral forum of existence for all human beings, dignity of man and woman in the
society in terms of security and sanctity. When we talk about human rights in Islam mean
the rights which are directly granted and gifted by God. These rights are not granted by
any legislative council. In Islam, all the rights are given to man and women by God. No
legislative assembly or government has the authority to abrogate or withdraw them.
These rights are the part of the Islamic faith. As Islam is a universal religion and the
human rights are not only for its followers but they are for all mankind as human being.
According to Islamic human rights philosophy all the human beings are endowed by their
creator with certain basic rights regardless of birth, place, caste, colour or gender.

Status of Women in Islam

Islam has guaranteed and safeguards right of women and has enjoined upon the entire
society to treat women with respect, kindness and consideration. After Allah (God) and
the Prophet (Peace be Upon Him) the highest status is given to mother. A respectable
treatment of both parents has been enjoined and made mandatory. The Quran says:

And We have enjoined on man (to be dutiful and good) to his parents.
His mother bore him in weakness and hardship upon weakness and
hardship, and his weaning is in two years give thanks to me and to your
parents, unto Me is the final destination (Al-Qur’an, 31:14).

Prophet Muhammad (Peace be Upon Him) asked his companions emphasized very good
treatment of the mother. The role of women in Islam is of a wife. Women has a distinct
figure which does not merge with personality of her husband after marriage, nor a woman
her husband’s slave. Marriage entails assumption of some new responsibilities. Her rights
8 A Historical Analysis of Human Rights and Women’s Status in Pakistan

too cannot be usurped. The marital relationship is one of mutual love and devotion. Islam
has bound man not only to fulfil the legal rights of his wife, but also to treat her with
love. Sometime a husband does not love his wife because of some fault in her. It is but
natural. In such cases too, man is duty bound to treat her well because even her faults
might be a hidden blessing for him. The Quran says:

O you who believe! You are forbidden to inherit women against their
will, and you should not treat them with harshness, that you may take
away part of the Mahr you have given them, unless they commit open
illegal sexual intercourse. And live with them honourably. If you
dislike them, it may be that you dislike a thing and Allah brings
through it a great deal of good (Al-Qur’an, 4:19).

The Quran stresses:

And among His Signs is this, that He created for you wives from
among yourselves, that you may find repose in them, and He has put
between you affection and mercy. Verily, in that are indeed signs for a
people who reflect (Al-Qur’an, 30:21).

In Islam, a wife has been said to be the best of worldly goods. If a woman as wife is
granted due status in the family, it would certainly result in the emergence of ideal family
and consequently, of an ideal society.

The status of a daughter in Islam is also very important. Islam preached that daughter
should be cherished and loved. How a daughter was treated in pre Islamic society, the
Quran mentioned:

And when the news of (the birth of) a female (child) is brought to any
of them, his face becomes dark, and he is filled with inward grief!
He hides himself from the people because of the evil of that whereof he
has been informed. Shall he keep her with dishonour or bury her in the
earth? Certainly, evil is their decision (Al-Qur’an, 16:58-59).

Islam has given full legal rights and privileges to women and at the same time she is
morally an object of respect and esteem. Islam stresses that a woman’s chastity has to be
respected and protected under all circumstances, whether she belongs to our own nation or
to the nation of enemy, whether she is our co religion or belongs to any others religion. The
Quran says:

“Do not approach adultery” (Al-Qur’an, 17:32).

 Abida Parveen 9

Islam prescribed very hard punishments for chastity. Anybody violating the chastity of
woman, cannot escape from punishment. This right of chastity of woman has been gifted
by God.

Islam recognizes equality for all human race regardless of colour, gender, race, language or
nationality. According to Islamic Human Rights all human being are equal. The Qur’an says:

O mankind! We have created you from a male and a female, and made
you into nations and tribes, that you may know one another. Verily, the
most honourable of you with Allah is that (believer) who has At-Taqwa
[i.e. one of the Muttaqun (pious - see V.2:2)]. Verily, Allah is All-
Knowing, All-Aware (Al-Qur’an, 49:13).

Thus, it can be said that goodness and virtue is in all cases better than vice and evil. Islam
laid down the principles that no citizen can be imprisoned unless his/ her guilt has been
proved in an open court and to arrest anybody on the basis of suspicion and throw him
into prison without proper court proceedings and providing him a reasonable opportunity
to produce his/ her defense is not permissible. The Qur’an says:

Whenever you judge between people you should judge with the sense
of justice (Al-Qur’an, 4:58).

In Islam all the people have the right to freely express their ideas and feelings on the
condition that it could be used to spread the virtue and truth and not for spreading evils.
No one has the right to use offensive language in the name of criticism. The Qur’an says:

They enjoins what is proper and forbid what is improper (Al-Qur’an,

9:71).

In Islam, freedom of expression is not only a right but it is also an obligation of calling
people towards the right way and forbidding them from evils. The government has the
duty to promote the freedom of expression for the propagation of virtue and truth.

In Islam, everybody has the basic fundamental right to freedom of faith and belief. It
stresses that all are equal in the eyes of law, even the rulers are not above the law. No one
is above the law and cannot claim immunity. The Quran and the Sunnah are the basis of
Islam and are the guiding light in all aspect of human life, social, political, moral,
spiritual and women rights. The Qur’an says:

It is he who created you from a single person, and made his mate of
like nature, in order, that he might Burden and caries it about
(Unnoticed), when she grows Heavy, they both pray to God (Al-
Qur’an, 7:189).
10 A Historical Analysis of Human Rights and Women’s Status in Pakistan

These words clearly describes that both men and women are created from a single
“person” as each other companions or places of rest.

God created all living being in pairs, male and female but no means one superior to other.
The Qur’an says:

And God has made you mates (and companions) of your own nature,
and made for you, out of them, sons and daughters and grandchildren,
and provided for you sustenance of the best; will they then believe in
vain things, and be ungrateful for God’s favours? (Al-Qur’an, 16:72).

The Qur’an says:

For Muslim men and women, for believing men and women, for devout
men and women, for true men and women. For men and women who
are patient and constant, for men and women who give in charity , for
men and women who fast, for men and women who guard their chastity
and for men and women, who, engage much as God’s praise , for them
God prepared forgiveness and great reward (Al-Qur’an, 33:35).

These verses explain that woman has not been considered inferior by God. She like her
male counterpart has been directed by God to seek his guidance. The Qur’an message is
universal and open to everyone. Woman’s function in the society is the same as that of a
man. Islam admits the rights of women. Islam does not impose restrictions or restrains to
the freedom and privileges of women. Prophet Muhammad (Peace be Upon Him) ordered
the last sermon

Treat your women well and be kind to them for they are your partners
and committed helpers (Khan, 2008).

A woman is equally important as compared to man as a member of society. In front of

God, there are same standards of punishment and rewards for men and women, both
came from the same essence and soul and they are equal. Neither gender can be superior
because it would be a contradiction of equality. Men and women are regarded as equal,
keeping in view their different nature and particular disposition. Islam gives the right to
work, to earn money if women need it or want it. According to the Qur’an:

Men have a share of what they earn and women have a share of what
they earn (Al-Qur’an, 4:32).
 Abida Parveen 11

Similarly, women enjoy having rights to property in Islam.

Men have share of what their parents and relatives leave behind and
women have a share of what their parents and relatives leave behind,
whether the estate be a small or large a legal share (Al-Qur’an, 4:7).

The verses from the Holy Qur’an clearly show how Islam determines the status of woman
in society. The problem starts when people misinterpret the teachings of Islam, according
to their own wishes. Scholars, throughout the history of Islam, male historians and
religious scholars wrote about the teachings of Islam and they kept their gender biased
approach in their work. Similarly different cultural and traditional practices have been
incorporated in the teaching of Islam, which have spoiled the true teaching of Islam. A
society that denies women their due rights and behaves them in undignified and
blameworthy manner can be of a traditional tribal structure, but cannot be viewed as
Islamic.

Violence against Women in Pakistan

The constitution of Pakistan give equal rights to man and woman as it says “there shall be
no discrimination on the basis of sex alone. No citizen, otherwise qualifies for
appointment in the service of Pakistan shall be discriminated against in respect of any
such appointment on the ground only of … sex, steps shall be taken to full participation
of women in all spheres of national life. The state shall protect the marriage, the family,
the mother. The state shall (ensure) that women are not employed in vacations unsuited to
their sex”.

In the year 2014, statistics shows that incidents of violence and injustices against women,
because of natural disasters such as floods and ongoing war against terror in the tribal
regions resulted in their displacement, making their plight worse. The year witnessed
cases of extreme public brutality against women such as family bludgeoning a pregnant
woman to death outside the High Court in Lahore for marrying without their approval
(HRCP, 2014).

That the right to public space for women was fraught regarding security was also
understand by two incidents in Baluchistan. In the first one, a masked man entered a
jewellery shop in Quetta and sprayed acid on four women patrons. In the second
incident, two teenage sisters shopping in Bazaar in Mastung were attacked in the same
method in the province in 2012 in Dalbandin Kalat and Quetta, leaving out a terrible
message that women venturing independently into the public domain would be attacked
(HRCP, 2014).
12 A Historical Analysis of Human Rights and Women’s Status in Pakistan

Each year promises are made for the protection of the women but to remain unfulfilled by
the end of the year. Violence in Pakistan takes many forms varying from physical to
mental torture many of which are not even recognized as violence by the victims.
According to the Human Rights Commission of Pakistan, in 2014 “597 women and girls
were gang raped, 828 raped, and 36 stripped in public in the country (HRCP, 2014).

Cultural and Structural Violence

Violence against women is a worldwide problem, it includes half of the humanity.

Women all over the world face multiple forms of violence just because of being women.
There are many cultural and structural causes which provide sound basis for the continual
perpetuation of violence against women all over the world. Pakistani society is a true
example of manifesting this violence where there are deep seated beliefs based on culture
and traditions, norms and social institutions that legitimize and therefore perpetuate
violence against women. Women are considered as personal properties of men and men
control every aspect of lives of women including their behaviour and movements. Men
have the rights to make decisions, and women have to follow their decisions in family,
tribe, community and society in many areas, like in North West Frontier Province,
Baluchistan, rural Sindh and rural Punjab, women are not even considered women come
to be discussed in law in the same terms as material objects and possessions. This is
normally reflected in Pakistan’s rape laws, which treat the offence as one of theft of a
male’s private property, with no consideration for the woman’s rights human beings.
Rather, they are viewed as personal property with which to barter and trade. For instance,
in rural areas, where traditions of women living in rural areas of Baluchistan where most
of women have to bear the double burden of domestic and work outside the home mainly
in fields. Many men in these rural areas completely consider women as subordinates,
mere servants doing work in the home. Normally, a father in rural areas of Pakistan
thinks that there is no benefit to give education to a daughter, because she will be to wash
dishes after marriage. Men strongly believe that the actual duty of women is to work
inside the home not outside.

In Pakistani society, working women are not liked or respected by most people and many
men prefer not to marry them. Women are normally considered subordinates to men,
because of economic interdependence. In short, working women are not considered good
character human beings; because, to some extent, women have to become free from the
dependence of men and they have become able to make decisions for themselves. It is
normal in Pakistan for a husband to beat his wife, for a brother to beat his sister, and for
father to beat his daughter, because of very minor issues, such as coming home late after
the college, cooking poorly, or going out without permission. Unfortunately, it is the
traditional setup of Pakistani society, whereby a man is expected to be responsible person
for the nourishment of the family, in economic terms. Due to this cultural belief, men try
 Abida Parveen 13

for jobs, and women, who are dependent on men, try to marry that man who has a nice
job and economic stability. This is also an important reason for the backwardness of
Pakistani economy, where half of the population does not work and remains dependent
on the working half of the population. In Pakistan women have strict limitations
regarding their thinking and movements. When she wears any dress, she will keep the
perceptions of her close male relatives such as brother, husbands and fathers in view.
Excluding some educated and urbanized families, almost every woman in Pakistan goes
outside the home with the permission of man. She will get education according to the
dictations and decisions of her male family members. She cannot marry without the
consent of her male family members Pakistani society is a society where a man is the
head of family with complete decision making powers, and the woman normally obeys
the orders of the man, because the man is giving her basic necessities of life such as food,
shelter and clothes (HRCP, 2014).

Because of deep seated cultural and traditional practices and inadequate responses of
society and government, in Pakistan women are the victims of direct violence and in most
cases, they are killed mercilessly in the name of honour, customs and compensation of
crimes or bringing insufficient dowry. It can be said that when a husband kills his female
relative because of suspicion or any other reason. When the majority of man follow the
same practice of killing women, it is structural violence, which is embedded in
patriarchal setup of society and when society does not give adequate attention towards
this in human behaviour, it can be said to be a manifestation of cultural violence. It is
unfortunate that Pakistani society is not acting against this vicious circle of violence to a
considerable extent because of ignorance and an overall gender biased approach.
Violence against women in Pakistan does not only bring physical injuries to women but
also has psychological impacts on their thinking. Domestic violence leaves a deep seated
trauma with no proper healing. Further it brings misery, especially in cases of rape, when
the victims of rape has to provide four male witnesses in order to prove rape. Society
consider women as responsible for adultery and in some cases, women are killed by their
relatives because she has brought shame towards the family. This is called honour killing.

Honour killing is one of the worst forms of violence against women. It is an extreme
form of direct physical violence, which is marked by great suffering. In recent years,
Pakistan has been criticized because of the dramatic rise in the incidence of honour
killings in the country.

Honour killings can also be described as extra judicial punishment of a female relative for
assumed sexual and marriage offences. These offences, which are considered as a
misdeed or insult, include sexual faithlessness, marrying without the will of parents or
having a relationship that the family considers to be inappropriate and rebelling against
the tribal and social matrimonial customs. These acts of killing women are justified on
14 A Historical Analysis of Human Rights and Women’s Status in Pakistan

the basis that the offence has brought dishonour and shame to family or tribe (HRCP,
2014).

Honour killings are justified in the name of religious tradition. These traditions have
become blurred and corrupted, allowing for widespread abuse. Women and young girls
are being killed by husbands, fathers, and brothers who feel shame as been brought upon
their family. Authorities blame women for their deaths, believing that they deserve
punishment for their actions and murder is a justifiable action taken by men. Hundreds of
women die each year in Pakistan as a result of Honour Killings. Many killings go
unreported, placing some estimates of those actually dying in the thousands one in every
five homicides in Pakistan are related to an honour killing.

Women’s Human Rights and Islam

Pakistani people claim their society as an Islamic society. Islam admits the rights of
women. Islam does not impose restrictions or restrains to the freedom and privileges of
women. The rights of women are present vividly and resolutely in the teachings of Islam.
A woman is equally important to man as member of society. In front of God, there are
same standards of punishments and rewards for women and men. Since men and women
both came from the same essence, they are equal in their humanity.

The discussion in the beginning of the paper and verses of Holy Quran clearly show how
Islam determines the status of women in society. The problem arises when people
misinterpret the teachings of Islam according to their own wishes. Scholars, such as
highlighted throughout the history of Islam, male historians and religious scholars wrote
about the teachings of Islam and they kept their gender biased approach in their work.
Similarly, different cultural and traditional practices have been incorporated in the
teachings of Islam, which have spoiled the true teachings of Islam.

After analyzing the rights given by Islam, it will be difficult to consider Pakistani society
as an Islamic society where traditional and social norms put strict obstacles in the way of
progress for women. A society that denies women their due rights, and behaves towards
them in an undignified and blameworthy manner can be an example of a traditional tribal
structure, but cannot be viewed as Islam.

Conclusions

Violence against women is a concern of noticeably significant importance at societal and

family levels. Domestic or intra family violence perpetrated by both male and female
family members and relatives deserves special attention. Domestic violence is a serious
threat to basic human rights and psychological well being. Violence against women is a
 Abida Parveen 15

complex problem which requires coordinated solutions, involving the participation of

both the state and civil society. There is a strong and urgent need for mobilizing and
adequately utilizing all allied sectors of society for formulating policy and programs.
These involve the development of community networks in order to provide case and
support to people who are victims of violence. This also involve the promotion of non
violent relations in public and private lives of men and women (Shamsuddin, 2007).
Regressive social practices, entrenched deeply in tribal and feudal customs and traditions,
coupled with an obscurantist interpretation of religious leaders, are the main hurdles in
the way of women, demanding their rights. Changing social attitudes towards women in
Pakistani society requires sustained efforts. Pakistan cannot become a moderate,
progressive and a prosperous Muslim country without strengthening civil society. This
requires first and foremost giving men and women equal access to opportunities in life,
with particular emphasis on the protection of the rights, safety and well being of women.
If half of the population of Pakistan is spending life marked by strong feelings of fear and
insecurity, directly or indirectly, how can Pakistan stand among the prosperous countries
of the world? How Pakistan, which was created on the name of Islam, can be a role
model for Islamic countries as well. Only through the education of women and by
making them leaders and equal participants in decision making and in deciding their own
future, that Pakistan will ever be free itself from the bonds of illiteracy, inequality and
poverty. International declarations and agreements may play an important role to
pressurize the government of Pakistan to make adequate laws or policies in order to
control the violence against women but the ultimate solution lies in the realization of
gender equality. Change can come and must come from both men and women. To work
for a society free from gender based violence is not be possible if Pakistani people do not
take into account or address the role of women. Women not only are mothers, daughters
sisters and wives but they are human beings as well. They should not be treated as objects
whose existence is defined by their relationship to men. Rather, they should be treated as
equals having the right to live, work, contribute, earn. Everyone should acknowledge this
role or right in Pakistani society from government to a common man.

The reality is this that women are as capable as men in any task not involving excessive
physical activity. Unless the men of Pakistan do not react against the patriarchal patterns
of society, social conditions will remain problematic and further promoting violence
against women. Gender inequality is a product of the society’s patriarchal and pathetic
attitude and has nothing to do with the knowing or thinking powers of women. Violence
against women sustains its momentum. Handling one factor will obviously effect other
factors. The government has to address concerning issues of human rights. Pakistan will
remain to be a country in which women will be living like second class citizens. It is not
bad to be backward in material progress but it is bad to be backward in thoughts. At least
people of Pakistan should not be mentally backward and narrow minded. If people of
Pakistan try to remove this social illness, things, may start to change.
16 A Historical Analysis of Human Rights and Women’s Status in Pakistan

In the end I would conclude that Islam may tolerate many things but it teaches zero
tolerance for injustice, oppression and violation of rights of human beings. In Surah e
Nisa Allah says:

And what is wrong with you that you fight not in the Cause of Allah,
and for those weak, ill-treated and oppressed among men, women, and
children, whose cry is: "Our Lord! Rescue us from this town whose
people are oppressors; and raise for us from You one who will protect,
and raise for us from You one who will help" (Al-Quran, 4:75).

This verse signifies the status of women in society.

References

Al-Qur’an, 16:58-59

Al-Qur’an, 16:72

Al-Qur’an, 17:32

Al-Qur’an, 30:21

Al-Qur’an, 31:14

Al-Qur’an, 33:35

Al-Qur’an, 4:19

Al-Qur’an, 4:32

Al-Qur’an, 4:58

Al-Qur’an, 4:7

Al-Qur’an, 49:13

Al-Qur’an, 7:189

Al-Qur’an, 9:71
 Abida Parveen 17

Al-Quran, 4:75

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____________________

Dr. Abida Parveen is an Associate Professor in the Sheikh Zayed Islamic Centre,
University of Karachi.