Khyber Law Society

W ORKPLACE HARASSMENT IN PAKISTAN Workplace Harassment is one of the burning issues faced by the working women across the globe, preventing many who want to work to get themselves and their families out of poverty. The situation in Pakistan is even worst. According to a survey, about 93% of the women working in different public and private sector organizations in Pakistan have experienced harassment, with private sector organizations having the highest number of reported cases. Prior to 2010, there was no special law to deal with the cases of workplace harassment. There was even no clear definition of “harassment” and thus the offenders were tried under the following provisions of Pakistan Penal Code(1860); 1)     Section 354: Assault or criminal force to woman with intent to outrage her modesty. 2)     Section 354A: Assault or use of criminal force to woman and stripping her of her clothes. 3)     Section 375, 376: Rape and it’s...

    CONCEPT OF MAINTENANCE IN ISLAMIC LAW MAINTENANCE: Equivalent word of maintenance in Arabic is “Nafaqah” which means ,an amount spent by a person over his family. ➢ Generally maintenance includes: food , raiment and lodges. ➢ However, according to the case law ( 1992 MLD 219 Maqsood  Ahmad Sohail Vs Abida Hanif): “ Maintenance not only includes food, clothing  a nd residence but also other necessaries like education,  healthcare etc essential for mental and physical well being”. EXPLANATION: Under the Muslim Law, one is entitled to claim ‘nafaqah’ or ‘maintenance’ if he or she is a person’s: ➢ Wife ➢ Children ➢ Relatives such as parents, grandparents and others. 1):MAINTENANCE OF CHILDREN: Under Muslim law, it is the primary duty of the father to maintain his children. He is duty- bound to provide maintenance to : ➢ His son until he attains the age of puberty. ➢ His daughter until she gets married. ( Incase of disab...

  DISSOLUTION OF MUSLIM MARRIAGE: Dissolution of marriage is the legal process that terminates a marriage. Broadly speaking, a Muslim marriage can be dissolved by: 1) Act Of God, 2) Act Of Parties. 1):ACT OF GOD ( Death of Husband or Wife)>> with the death of husband or wife, a Muslim marriage dissolves automatically . 2):ACT OF PARTIES (Divorce)>> It is further divided into: a): Extra- Judicial Divorce, b): Judicial Divorce. Now we will discuss them one by one. ………………………………………………………………………………… a):Extra-Judicial Divorce : Divorce which takes place outside the court is called extra- judicial divorce. Non judicial divorce can take place by three ways – I) By Husband in the form of Ila, zihar and Talaq (sunnah & biddah). II) By wife in the form of delegated divorce (Talaq-e-Tafweez) and Khayar-Al-Baloogh (option of puberty) III) By the mutual consent of husband and wife in the form of Khula and mubarat. I):DISSOLUTION OF MARRIAGE...