Pozycja prawna kobiet w prawie małżeńskim Pakistanu w świetle międzynarodowych standardów ochrony praw człowieka

Abstract

This doctoral thesis is an attempt to answer the question if women rights related to the marriage in Pakistan are compatible with international human rights standards. The main hypothesis of the thesis is that the standards in Pakistani marriage law are consistent with the requirements of Sharia law and thus significantly differ from the universal international standards. The study proves assumed hypothesis, in the course of the research author conclude that women’s position in the marriage is not equal to the position of the man. The discrimination is most visible in various situations: women do not have same right to choose a spouse and to enter into marriage, same rights regarding custody of their children and responsibilities as parents and also in law regulating divorce. The thesis consisting of VI chapters; chapter I characterize the legal system of Pakistan and Islamic law, chapter II analyze the historical developments of women rights in Pakistan, chapter III look over the international human rights standards related to marriage, while chapters IV, V and VI examine Pakistan's specific laws regulating status of women in marriage and compares tchem to an international human rights standards.