Svelare i diritti delle donne: il caso Saima Waheed e la ricerca della libertà coniugale in Pakistan.

The case of Abdul Waheed vs. Asma Jehangir (PLD 1997 Lahore 301) revolved around the contentious issue of whether a marriage conducted without a guardian's (Wali) consent is valid under Islamic law. The Lahore High Court of Pakistan was entrusted with tending to this critical lawful discussion when Saima Waheed married Arshad Ahmed without the assent of her father, Hafiz Abdul Waheed, who hence tested the legitimacy of the marriage in court. Abdul Waheed's contentions were established in customary translations of Islamic regulation. He declared that guardians, especially fathers, have a lawful right to be complied and regarded by their kids. Stressing the strict part of marriage, he addressed whether marriage in Islam is a demonstration of worship (Ibaadat) or just a common agreement. He kept up with that a genuine Islamic nikah (marriage contract) unequivocally requires the assent of the Wali (guardian). Contrarily, Saima Waheed, represented by Asma Jehangir, a reknowned human rights advocate, argued with a more progressive interpretation of Islamic law, one that lines up with contemporary perspectives on individual freedoms and gender balance. Saima contended that fundamental rights, especially those of women, should not be infringed upon. Saima argued against Pakistani Constitutional limitations on women's freedom of movement and spouse preference, using past court rulings, international agreements, and modern literature. She cited Islamic teachings, the Muslim Family Laws Ordinance of 1961, and Islamic marriage law interpretations. The Saima Waheed case in Pakistan highlights the tension between traditional Islamic law interpretations and modern women's rights ideas. This paper examines the case objectively, promoting women's rights and empowerment in Pakistan, fostering critical thinking, and understanding gender equality and marital freedom through contextualization and analysis.