The Awareness-Action Gap: A Study on Talaq Tafweez Awareness, Perceptions, and Institutional Barriers among Women in Pakistan

Authors

  • Hamza Sajjad Hajveri Law College, Faculty of Law, Times Institute Multan, Pakistan.

DOI:

https://doi.org/10.55627/ijss.004.02.01610

Keywords:

Talaq Tafweez; Delegated Divorce; Women's Rights; Islamic Law; Pakistan; Legal Awareness; Nikah Nama; Muslim Family Laws Ordinance; Gender Justice; Socio-Legal Barriers.

Abstract

This study investigates the disparity between the legal provision of Talaq Tafweez (the delegated right to divorce) and its practical application among married women in Pakistan. Employing a quantitative cross-sectional design, structured questionnaires were administered to a stratified random sample of 300 married women across diverse geographic and socio-economic backgrounds. Data were analyzed using SPSS. The findings reveal a profound awareness-action gap: while 68% reported no awareness of the right, there was overwhelming support for the principle of gender equality in divorce initiation. The research identifies multi-faceted barriers driving this paradox. Institutional failure is evident, with respondents strongly indicating that Nikah Registrars routinely omit the crucial clause from the marriage contract. Furthermore, powerful socio-cultural barriers, including intense social stigma and honor-based concerns, combined with perceived religious opposition, create a deterrent environment. Critically, the legal system is perceived as unsupportive, inefficient, and unclear in its procedures. Conversely, the data shows strong prospective demand, with respondents advocating for the clause to be made compulsory and endorsing key reforms. The study concludes that the underutilization of Talaq Tafweez is a symptom of systemic failure rather than a lack of belief in its principles. Recommendations include mandatory training for marriage registrars, public awareness campaigns, engagement with religious leaders, and legal aid services to transform this dormant right into an accessible tool for women’s empowerment.

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Published

06-05-2024

Issue

Section

Research Articles

How to Cite

The Awareness-Action Gap: A Study on Talaq Tafweez Awareness, Perceptions, and Institutional Barriers among Women in Pakistan. (2024). International Journal of Social Studies, 4(2), 65-75. https://doi.org/10.55627/ijss.004.02.01610

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