ABSTRACT
With a focus on Pakistan’s system of personal status laws, “The Situation in the Country” explores the colonial origins of the legal fusion of religious affiliation and applicable rules of family law. The legal system of British India had recognised civil marriage since 1872 but had made this option conditional on both parties to the marriage renouncing their religion. A 1923 amendment to the Special Marriage Act, 1872 allowed Hindus, Jains, and Buddhists - but not Muslims, Parsis, or Christians - to enter into a civil marriage without having to self-excommunicate. Post-independence, Pakistan continues to administer this colonial legacy of personal status laws, albeit that the legal system privileges Islam and Muslim personal law. This means that in case of a conflict between Muslim personal law and another personal status law, the former will prevail. Recent developments in Pakistan’s personal status laws have seen the enactment of marriage laws for Hindus in 2016 and 2017 and a reform of Christian divorce law as a result of a decision of the Lahore High Court in 2017. The chapter concludes with the observation that being marked by fragmentation and inequality, demands for any reform of Pakistan’s family law remain focused on particular bodies of personal law rather than a reform of the system of personal status laws itself.
