CENTER OF EXCELLENCE IN GENDER STUDIES
ASSIGNMENT: MINI RESEARCH THESIS
TOPIC: THE RISE OF DIVORCE CASES IN ISLAMABAD
COURSE RESEARCH METHODOLOGY
SUBMITTED TO: Dr. FARZAN BARI
SUBMITTED BY: MUHIB ULLAH
3rd SEMESTER
QUAID-I-AZAM UNIVERSITY ISLAMABAD
Table of Contents
Chapter No. 1 2
Introduction: 2
Research Question: 3
Chapter No.2 5
Literature Review: 5
Chapter No.3 6
Legal provisions for divorce in Pakistan: 6
Chapter No. 4 9
Research Methodology: 9
Research topic: 9
Hypothesis: 9
Justification of the problem: 9
Objectives: 9
Research paradigm: 9
Research approach: 10
Methodology: 10
Sampling technique: 10
Sample: 10
Locale: 10
Samples size: 11
Research Question: 11
Ethics: 11
Chapter No. 5 12
Main Findings and Analysis: 12
Chapter No. 6 16
Conclusion: 16
Recommendations: 16
Chapter No. 7 16
Bibliography and Refrences: 17
Chapter No. 1
Introduction:
Over the years, there is seen the rise in number of divorce cases in Islamabad. According to Islamabad Arbitration Council, in 2005, there were 314 divorce cases reported in the press. In 2010, the number rose to 625 and in 2011, the number increased by 40 percent respectively.
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Islamabad is the capital city of Pakistan; demographically it is comprised of heterogeneous people. Mostly the inhabitants in Islamabad are not local rather some of them have migrated while others are living on temporary basis. People here are educated enough and much aware of their fundamental rights. Tangibly it is modern city in outlook. The way of life in Islamabad seems to be inspired by outer world. Furthermore, they are more liberal in their thoughts. As for as the people of the city are concerned they are totally different in respect of their behavior, attitude and life style as compare to the people of other cities like, Karachi, Lahore, and Quetta.
Owing to the aforementioned demography of Islamabad, the causes in hold behind the divorce cases are quite different from those in other parts of the country (mostly rural).
The more liberal overlook, higher education, heterogeneous society with people having different social background, financial status and to some extent the joint family system are some of the major causes in hole behind the rise of divorce cases in Islamabad.
Chapter No.2
Literature Review:
“Karney and Bradbury, emphasize that before going to the dissolution of marriage it is important to look into how marriages develop. It is important to understand the individuals understanding, their marriages and marital outcomes. They further emphasize that marital stability and quality are influenced by the differing stressful events that couples encounter and their adaptive processes”.
(Karney & Bradbury 1995:22)
“Arguing that the pathways to divorce cannot be conceptualized as an orderly and sequential process, Amato and Rogers offer the view that: The motives people used to explain their divorces can only be understood as historical devices that imposed a sense of order onto situations that were otherwise fraught with ambiguous and contradictory events, emotions, and inclinations towards behavior. They also, asserted that partners develop an account of the marital breakdown which enables them to accept and integrate the event into their lives. Events in the marriage may be reinterpreted, partner’s behavior redefined, and reasons emerge to justify the decision to divorce”.
The Essay on Divorce & marriage
People from broken families are less likely to have successful marriages. This is because of the psychological implications such families bring into their life. According to available psychological evidence, divorce is a major cause of emotional stress and depression (Clarke-Stewart, & Brentano, 2006). Depression as a psychological impairment has been evidently found to factor much in ...
(Amato. & Rogers. 1996:13)
“However, in this review of the study of divorce predicting dissolution, the effects of many of the demographic redactor variables, although statistically significant, are small. One explanation is that the impact of socio-demographic factors are more indirectly, acting as mediating or moderating variables that affect relationship expectations and behaviors including patterns of communication and conflict that may lead to divorce”.
(Karney.1995, pp3-34).
Due to the lack of research on the divorce in Islamabad I have chosen a newspaper article, putting that as literature review in my research.
“According to Zafar Iqbal who says that the divorce rate increased after amendments to Muslim Family Court Act in 2001. He claims that the non-government organizations (NGOs) and the electronic media are responsible for an increasing number of divorces. He argues that after amendments to the family laws it has now become easier to take divorce”.
(Mahtab. 2011.)
Chapter No.3
Legal provisions for divorce in Pakistan:
In the constitution of Pakistan there is a huge difference in the procedure for divorce between men and women. Men easily just say Talaq thrice, but women have to go through very tough conditions even for claiming for the divorce and that should be also based any above mentioned issues mentioned in the constitution of Pakistan. Due to the slow judicial system it sometimes goes for years for women to get divorce, if the right of divorce has not been given/ mentioned in Nikahnama.
A Muslim Marriage is a contract and it can be dissolved easily like any other contract. The very contract is dissolved automatically on the death of either husband or wife. Other than this, both of them have legal and religious right to dissolve a marriage contract. A husband has the unilateral right of Talaq (divorce), which can never be taken away but, can be restricted through the Nikahnama (clause 19).
A wife can dissolve her marriage unilaterally only if the right of divorce has been unconditionally delegated to her by the husband in the Nikahnama (clause 18).
Other forms of dissolution of marriage which the wife can use are Khula and judicial divorce (including option of puberty).
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Pondering question to get reader thinking about topic II. What the problem is d. “Children do not fall behind their peers in these areas during the potentially disruptive period before their parents divorce, the study revealed. Instead, it's after the split that kids seem to have the most trouble coping. Include this from Healthday reporter Alan mozes e. What the child feels, they feel its their ...
These both have to be sought through the family Courts.
No matter whether the marriage has been dissolved through Talaq, Khula or judicial divorce, it is vital that legal procedure be properly followed. A wife who unluckily could not find herself to be in a peaceful wedlock with her husband and is desirous of getting a divorce has a statutory right to get divorce as the law does not believe in hateful unions although “it does not admit impediments in the marriage of true minds”.
However, in our society it becomes extremely difficult for a wife to ask for her pronounced, guaranteed and statutory rights. Besides being a male-oriented and male-dominated society she is psychologically debarred from having access to the statutes enumerating and ensuring the right of getting divorce under certain eventualities. Section 2 of the Dissolution of Muslim Marriages Act permits divorce on any one or more.
Divorce by husband under sec. 7 of Muslim Family Law Ordinance (MFLO), husband pronounces Talaq three times and sends notice in written for by registered post to any of the Union Councils, mentioning the address of his wife. Union council sends a copy of the same notice to wife by the registered post, constitutes Arbitration Council among 30 days of receipt of notice. Once Iddat (a specific time of 4 months) is over, the council issues certificate of Talaq being good to Husband and wife. Furthermore, the penalty for the violation of procedure is simple, fine up to 5,000, and/or imprisonment up to one year. The day given to family matter in the High Court of Islamabad is Saturday. Hundreds of families come there for domestic and family matter and most of them are nowadays seen, women who have claimed for divorce.
Chapter No. 4
Research Methodology:
Research topic:
The topic of research is “the rise of divorce cases in Islamabad”.
Hypothesis:
I hypothesized that the primary cause of the rise of divorce cases in Islamabad is “The women desire for more liberty owing to their economic independence and higher level of education”.
Justification of the problem:
This topic is important because divorce has severed implications on woman in the city regarding her security, psyche, and among others her status in the society at large. Secondly, it is a great impact on the nourishment of children and family formation, where both phenomenon plays a vital role in society formation.
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In this chapter I aim to gain a through understanding of sociological methods and to look at various methods and their merits and problems, i. e. quantitative etc. I will also attempt to show the methods that will be used in study, and asses the reasons for my choice. It will also be beneficial to look at possible problems and measures to minimise these problems At a basic level research falls ...
Objectives:
• To find out the major causes of the rise of divorce cases in Islamabad.
• To highlight the legal provisions of divorce in Pakistan.
• To put forward some recommendations.
Research paradigm:
The paradigm of this research is “Interpretative paradigm”. Interpretative deal with the systematic analysis of socially meaningful action through the direct observation of people in natural setting to understand how people maintain social world through their social interaction which deals with social sciences. It doesn’t believe on constant social reality but socially constructed and change for different people.
Research approach:
The research approach of the research is phenomenology approach. This approach was first introduced by German school of thought. It is the shared experience of more than one person. It deal with the issues when become phenomena like divorce is a phenomena of every society but their experience, causes and effects are different on different people.
Methodology:
Semi-structural interviews and in-depth interview are use for collecting of data. In semi-structural interview in questionnaire is made in the way to collect new data or views of the respondent. Its question is open-ended to obtain information from respondent. In-depth interviews are also use for research.
Sampling technique:
The sampling technique used in my research is “snow ball Sampling”.
Sample:
Women who claimed for divorce, advocates of Islamabad High Court and university teachers.
Locale:
The locale of my research is Islamabad city.
Samples size:
To justify my hypothesis I have conducted 8 interviews and concerned to newspaper and magazines articles as secondary source of data. I conducted eight in-depth and 2 from women who have claimed for divorce, 3 advocates of Islamabad High Court (IHC) and 3 teachers in Quaid-i-Azam University Islamabad, and one focus group discussion among the 6 advocates of IHC.
Research Question:
The research question of my paper is ‘what are the causes of the rise of divorce cases in Islamabad’?
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Ethics:
I have followed all the ethics used in feminist research.
Chapter No. 5
Main Findings and Analysis:
My findings reveal that there are many causes involved behind the rise of divorce cases in Islamabad such as social change, joint family system, women’s economic dependence and independence, higher level of education, differences in social status and so on and so forth. Majority of women in Islamabad are well educated and they are able to live on their own and are much aware of their fundamental rights.
As mentioned above women in Islamabad are more educated that ultimately leads them to incline more towards liberal thoughts. Oft noticed the educated women ask for more liberty, freedom and opportunities for working at work place. According to my correspondent who is an advocate of Islamabad High Court (IHC) and is quite familiar in dealing the divorce cases the above mentioned demands of the women and the husband sometimes being unable to comply them, due to his traditional social background leads to divorce.
Respondent is 23 years old young woman; she did her graduation from ICG (Islamabad College for Girls) in 2009. She has one baby; she says that “we have everything to fulfill our daily needs”. From the very early age her objective was to become a teacher. She was teaching in a school before marriage. “I was also contributing to my father’s income”. After getting married she continued teaching, but after the marriage the salary was going to her husband’s pocket.
Respondent got a baby, who is fourteen months old. “Everything was going well and good”. During her teaching time, her mother in-law would care her baby. Suddenly, her mother in-law got ill and she was admitted to hospital. She left the school on leave for few days for taking care of her mother in-law. After she got healthy, her sister in-law insisted that she should continue teaching profession “thus, I continued it again”.
An up-turn took place in her life, when her husband told to abandon the job in order to serve the family rather than, serving others. her husband’s persistent demand for resignation from her job did not materialized, it was her to aim of life. Furthermore, her husband’s permanent persuasion and her sticking to her guns jeopardized the matter. Finally, she claimed for divorce and the case is still lingering in the court.
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In the focus group discussion with the advocates, they added that in Islamabad more women claim for divorce than men, because the husband is somehow bound in the “Nikanama” mentioning the “Haqmaher” more and more. The Haqmaher prove to be a sort of check on the husband since if he intends to give divorce to his wife he will be bound to pay the huge sum of money mentioned in Nikahnama under the title Haqmaher. Thus owing to this inability of payment he has to think twice before initiating any case leading towards divorce. Alternatively, the women are not bound to pay any amount under the title of Nikahnama. So, women having no hurdles and stumbling blocks very easily opt for divorce option if they feel they are denied their fundamental rights at any rate.
In an encounter argument of my other advocate respondent “women’s freedom to exercise their independent choice, empowerment and the, change in attitudes towards divorce and the changes in the legal and institutional surroundings make it more easy for women to successfully initiate the divorce cases”. Although, there is an overwhelming increase in the divorce cases, yet their ratio is very low.
Financial reasons have always been a bone of prosperity and oppression as the case may be. It does matter in the family relations. The impact of economic status on the “divorce rate”, within the periphery of Islamabad might be two-pronged. Sometimes the income of a family brings havoc in the form of divorce. According to my co-respondent, who is a layer and deal mostly with such causes, the low income of a husband is the core reason that counts for high rate of divorce in the city. Poverty brings psychological depression, along with other plenty of issues, that bring in jeopardy the demotic life, that ultimately ends in divorce.
Similarly, the lawyer also mentioned that in Islamabad sometimes the skill of women, earning money, ameliorates the family life, mostly the joint families and when the husband tends to be earing low income than his wife, the situation breeds inconvenient relations that end in divorce. Many women in Islamabad have entered the workplace i-e in a variety of profession and occupations. As they become economically well and independent, bringing home a pay cheque, they are less and less willing to accept oppression from domineering husbands or in-laws. Thus, as a result the divorce occurs due to high economic level and earning capability of women.
The differences in social backgrounds also counts for divorce cases in Islamabad. Islamabad, being the capital of Pakistan, is a heterogeneous entity. Here the local people are very less as compared to the people coming from outside with different social backgrounds. According to the lawyers, I consulted love marriages succeed in very low ratio. The couples after getting married come to know about the family backgrounds of each other. The wife expects her husband to be aloof from his family but the traditions and values of the husband that he has left behind do not allow him to do so. Thus, the marriage ends in divorce due to the differences in family background of the husband and the wife.
We have joint family system in large swathes of Pakistan that has it resemblance in Islamabad to some extent. The joint family system bring multiple issues, owing to the daily domestic chores. The inter and intra family rows are witnessed in Islamabad, mostly based on estranged relations between the wife and her in-law (male and female both).
The in-law surely demands the persistent domestic works, ranging from sweeping, washing clothes, nourishing her children and cooking, which she pretends to be tired of. Thus, according to my co-respondent the domestic chores do count for the divorce in Islamabad.
Chapter No. 6
Conclusion:
The ratio of divorce cases in Islamabad has been rising over the years. With the coming of each new year the divorce cases are increasing due to the peculiar demographic surroundings and the ever increasing liability towards freedom, liberty, and easy access to legal institutions.
There are number of reasons behind the rise of divorce cases in Islamabad. Such as, economic reasons, the joint family system, difference in social background, heterogeneous city and higher level of women education. Some experts of law argue that the easy access to legal institutions is the reason for the rise of divorce cases in the city.
Recommendations:
• Educational institutions can play their due role by offering special courses regarding marriages. These courses would aware the young boys and girls about the curse of divorce.
• Media being a fourth pillar of the state should shoulder the responsibility to play a constructive role in order to aware the masses regarding the divorce.
• The periphery of Islamabad having about 1600 Mosques in it. The religious scholars can also have a shear in the awareness of masses through their sermons.
• The states should take steps for women more liberty, as it is the right of each citizen to enjoy the liberty and style of life the way they want regardless of their gender. The cases of divorce shall not be delayed for years; the issue shall be taken seriously by the authorities.
Chapter No. 7.
Bibliography and Refrences:
Amato, P. & Rogers, S. (1997), ‘A longitudinal study of marital problems and subsequent divorce’, Journal of Marriage and the Family, vol. 9, pp. 612-624.
BASHIR, MAHTAB Women initiate more divorce cases than men, Pakistan Today, 20 Jul 2011.
Kakakhel,The Law of Divorce in Pakistan,September 23, 2008, HG legal directories.org
Karney, B. & Bradbury, T. (1995), ‘The longitudinal course of marital quality and stability: a review of theory, method and research, Psychological Bulletin, vol. 118, no. 1-3, pp.3-34.
Karney, B. & Bradbury, T. (1995), ‘The longitudinal course of marital quality and stability: a review of theory, method and research, Psychological Bulletin, vol. 118, no. 1-3, pp.3-34.
Rao, Inam, Divorce rates climb, Pakistan Today Sunday, 26 Jun 2011.
SDPI, the constitution of Pakistan, SDPI.com.PK.
