After recent backlash for supposedly being anti-Islamic, the government is referring the recently passed Domestic Violence (Prevention and Protection) Bill to the Council of Islamic Ideology.
Babar Awan, the Advisor to Prime Minister for Parliamentary Affairs wrote a letter to the Speaker of the National Assembly regarding the bill. In the letter, which was widely shared on Twitter on Monday, Awan writes, “You would […] be aware of the concerns being shown by different segments of the society regarding various definitions and other contents of the Bill. Most importantly, it is being highlighted that the Bill contravenes the Islamic injections and way of life as enshrined in responsibility of the state in Article 31 of the Constitution of Islamic Republic of Pakistan.”
Awan goes on to mention Article 227 (1), which states that all existing laws must be brought in conformity with the injunctions of Islam. Finally, he writes that through Article 230 (1)(b), the Council of Islamic Ideology is allowed to advise whether a proposed law conforms with Islamic values or not. This occurred after sections of society disagreed with the bill online and offline.
Interestingly, this bill is specific to the Islamabad Capital Territory. Domestic violence acts and other similar acts have already been passed in Sindh in 2013, in Balochistan in 2014, in Punjab in 2016, and in KPK in 2021. But this is the first time the bill has had such a strong reaction from the public—albeit on social media.
On Monday, Minister for Human Rights, Dr. Shireen Mazari spoke to Geo News about the bill. “Tell me which part of this bill goes against Islam?” she said. “It is not possible for us to pass a bill that goes against Islam.”
Mazari defended the bill by saying, “The punishments detailed in the bill already exist under the PPC.”
The bill defines domestic violence as “all acts of physical, emotional, psychological, sexual and economic abuse…”. Physical abuse includes “all offences under chapters XVI, XVI A, XVII, XX, XX A of the Pakistan Penal Code (PPC)”. All of these and their punishments already exist in the Pakistan Penal Code.
“Islam first teaches us to respect and treat people with humanity, so tell me what part of this bill seems incorrect to you?” Mazari continued. She was then asked for clarity on whether beating children one time counts as domestic violence or if it only counts if the abuse is repeated. She replied, “If someone’s life is in danger, and if they are constantly subjected to violence, it is our responsibility to protect them. We have to protect people who are weak.” She continued, “If we carefully look at religious interpretation, we see that when we hit someone, it shouldn’t leave a mark.”
Members of the Jamat-e-Islami and JUI-F have claimed the bill was created hastily and without proper consideration. Mazari cleared this up by stating the bill has been through multiple stages of vetting. It was with the National Assembly for many months before it went to the Senate. Amendments were suggested and accepted.
“I think this will strengthen families because with this bill, families can live in and evolve with harmony, respect, love, and humanity,” she said.
There have been many other opinions regarding the bill in the last few days.
Journalist Ansar Abbasi, whose initial tweet arguably started the discussion on Twitter on Monday, supported the decision to send the bill to the CII for consideration.
Abbasi was met with critique across social media.
People are also angry that the CII does not include a single woman and harms judicial authority.
Many Pakistanis expressed outrage that people thought protection from domestic violence would harm social fabric.
While many voiced support for the bill, Deobandi cleric Mufti Tariq Masud provided an alternate point of view. The Mufti stated, “If a man is not allowed to be harsh (towards his wife), he will go towards divorce which will damage our family system. If we make it so that a father cannot beat his child, his child will not be his child anymore, he’ll be his father.” He continued, “This bill is not for the betterment of humanity. These people’s children are no longer in their control, their daughters are not in their control.”
For the most part, the opposing side has not mentioned which parts of the bill are un-Islamic.
The bill, contrary to popular belief, is not gender specific. It highlights “any woman, child, any vulnerable person or any other person who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent.” It protects from multiple detailed forms of abuse through multiple forms of protection (no communication, help from the police, monetary relief, etc.). It also calls for the constitution of a Protection Committee.
