03/27/2017, 17.47
PAKISTAN
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Pakistani Christians caught between the sacrament of marriage and domestic violence

by Shafique Khokhar-Ata-ur-Rehman Saman

Christians have begun to analyse in depth the institution of marriage. Abuse and violence among married people is the main spark. For decades, the only way of separating from a violent spouse was through conversion to Islam. Maria is one of the victims.

Lahore (AsiaNews) – Domestic violence is commonplace in Pakistan. Maria (not her real name) is one of its victims. Scratches and bruises on her face, neck and arms tell better than words the violence she has had to endure at home.

Sitting in a corner of her parents’ home, she is still under shock and terror from years of abuse at the hands of her husband. A clergyman, Fr Victor, follows her in her slow path to recovery.

"In the past three months alone, I had to leave my husband’s home seven times, after a crescendo of serious physical and psychological violence."

Maria's story is just one of many examples of domestic violence that occur every day in Pakistan, among both majority Muslims as well as Christians. However, for Christian women, there is an additional problem, namely the inability to escape violent spouses through divorce, which the state denies them, except through conversions to Islam.

In Pakistan, Christian marriage is governed by certain special laws, many of which date back to the colonial era: the Christian Marriage Act of 1872, the Christian Divorce Act of 1869 and the Succession Act of 1925.

In 1981 then dictator Zia ul-Haq, who put in place the controversial blasphemy laws, changed the rules with a presidential decree without the consent of Parliament or Christians.

The changes he introduced have made it very difficult, if not impossible, to get a divorce because of the removal of Section 7 of the Christian Divorce Act, which provided for the annulment of Christian marriages.

Until recently, Christian women had but a single, practical and immediate way to escape domestic violence and abusive husbands, namely conversion to Islam.

In principle, the Catholic and Protestant Churches considers marriage an indissoluble sacrament and do not provide for divorce.

Under British rule, divorce was allowed under some cases outside of adultery, such as incurable mental illness, cruelty and desertion.

Since General ul-Haq’s rule, modern Pakistan has excluded Christians because of Section 7. However, last year a petition filed by Amin Masih, a Christian, prompted the court to restore Section 7 for Christians, citing a violation of the constitutional principle of the equality of citizens.

This decision has helped revive the debate in Catholic and Protestant communities, among leaders as well as the faithful, about the indissolubility of the sacrament and the lawfulness of divorce.

Amid the various opinions and positions, some have called for the possibility of annulling marriages, whilst others stand as defenders of orthodoxy and reject exceptions in principle.

Since August last year, the National Commission of Justice and Peace of the Catholic Church of Pakistan (NCJP) has promoted meetings and discussions with priests and lay people over marriage and divorce.

The goal is to outline ways to review existing laws and ensure full respect for human rights and international standards, whilst looking at the steps taken by other Christian communities. The goal is to prevent conversions to Islam for the sole purpose of ending a violent and abusive marriages.

This is what happened to Maria, with whom we began our story. Today, thanks to the reintroduction of section 7, she was able to separate from her abusive husband. Currently, with the support of Fr Victor and her family, she is trying to rebuild a happy and peaceful life.

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