Irtiqa Institute of Social Sciences arranges Hamza Wahid Memorial Lecture every year. Hamza Wahid was a teacher and also a social activist. This was the 11th lecture of the series delivered by Dr Saba Gul Khattak. Her topic was 'Friction between customs and religion - possibilities of women' land rights'. Saba is an Islamabad-based researcher; her work covering two Tehsils of Swat district has been found to be thought provoking.
Though Islam gives women land rights, our tribal, Wadera and feudal customs deprive women of land rights. They have been denied the inheritance right. According to Saba's research, most men think that if they give 'land right' to women they would rebel against men, become empowered and begin to take decisions on their own.
In Swat, mostly collective landownership was there. Swat got land ownership rights after 1930. The land ownership has been changed with time. About 62 percent say women can exercise their ownerships rights, because Islam gives them this right, but only 15 percent oppose land rights for women because they believe that women still need men's help to look after land, Saba said.
"Despite this, the court and police processes are horrible for women. The insecurity and pressure also stop women from exercising their rights. They do not want to drag their brother or father in court matters, if she does so she is ostracised by the community. Woman feels secure inside the boundary wall and thinks the males give her protection".
One interesting matter disclosed in Saba lecture was that the women do not consider the dowry as a compensation of inheritance rights. The land was not the reason behind violence against women, and thin mobility of women is also caused by class difference. If woman belongs to lower class she can be seen in market and different public places while an upper class lady would never be seen anywhere. Although, the lower class women have knowledge by working in the field, they do not have land rights".
The implementation of Sharia can empower women in land rights. Men agree but to put it in practice, they say its implementation would cause a countrywide fallout. So there is an urgent need for change in land ownership and the system. Give women social protection, ensure women's registration, and provide agricultural loans to women, these measures can help reduce the land transfer process".
The former chairperson of Women Rights Commission, Justice Majida Rizvi, who presided over the meeting, said that women could not do much without support of men. "Article 23-24-25 of Citizens Act is against the women because if a woman get married to a foreigner her husband cannot get Pakistani citizenship, but if a man gets married to a foreign woman his wife can become Pakistani citizen".
Thus the equality for all citizen guaranteed under the Constitution becomes victim of discrimination against women. Women have been emotionally blackmailed due to tradition, if women get property rights they will have power to rid society of all evil customs, Majida said.
"Generally, this is the mentality of men, it is not in Islam. If men give them support and acknowledge the women's ability it will be beneficial for women to strengthen society". "Gender bias creates an obstacle at the recruitment stage itself; while law proclaims equality but it is seldom put into practice. It is because of the male superiority that obstacles are created.
"Women constitute almost half of the population in the country; constitution guarantees equal rights for them and there is the need of creating awareness among all of them about their rights, that have been bestowed upon them not only through the International Charter, but also in the country's constitution".