Punjab

Custody question: ‘Dancing women are unfit mothers’

Guardian judge issues arrest warrant for actress in custody battle.

Rana Yasif May 09, 2011

LAHORE:

A guardian judge on Monday issued arrest warrants for a theatre actress and dancer for May 25 for ignoring court orders to hand over her kids to their father since her job meant she couldn’t be a good mother.

Guardian judge Muhammad Nadeem Shaukat had ordered Ayesha alias Mahpara to hand over her son and daughter to Waris Ali, her ex-husband, during ex-parte proceedings on March 8.

The judge said that society did not approve of Ayesha’s profession and the job was not permissible for a Muslim woman.

He said that no Pakistani father would let his daughter be brought up by a dancer. Ayesha had been ignoring court notices for several months and ex-parte proceedings were initiated on February 11.

Ali had filed a petition under Section 25 of the Guardian and Wards Act of 1890 seeking custody of the children.

According to the petition, the couple got married in April 1999 and had a son named Usama and a daughter named Abeeha. He said that under the influence of her sister, Ayesha became a professional dancer and then asked for a divorce from him. The divorce was finalised on August 19, 2002.

During arguments, Ali told the court that his ex-wife had performed some “objectionable dances” and had been booked in a case in Factory Area police station, Faisalabad, under Sections 294 and 188 of the Pakistan Penal Code.

Section 294 calls for a three-month prison term and/or fine for anyone that performs an “obscene” act or song in public. Ayesha denied the charge. The judge directed her to produce evidence in support of her case and cross-examine her husband’s witnesses, but Ayesha stopped showing up for hearings.

The judge issued notices to all her residential addresses and published a notice in the newspapers. But Ayesha did not show up and ex-parte proceedings were started against her on February 11. In a decision on March 8, the judge issued orders that she hand over the children to Ali.

Ali later filed an application for the recovery of the children in the same court. He asked that a bailiff or the police be directed to recover the children. He told the court he could look after them better than his wife.

Published in The Express Tribune, May 10^th, 2011.

COMMENTS (11)

Nobody | 13 years ago | Reply Misogyny at its best. I wonder if the judge would take into account if the father was known to be one who frequents prostitutes or dancing girls. Would he say a father of such low morals is an unfit father? Shame on whoever handed down this poorly thought out and sexist decision. Her choice of profession (who knows if it even WAS her OWN CHOICE...?) isn't necessarily a reflection of her as a person or a mother. Wish people could understand that, amidst all this intolerance and narrow-mindedness, in which too often women end up getting the short end of the stick.

Ghouse Mohiddin | 13 years ago | Reply This particular judge is an educated fool. His comments reveal his immaturity. The real judge will interpret the laws and validate/invalidate them. But in Pakistan, the judges are more conservative, more religious, more selfish and blind followers of outdated laws and philosophy. If the society not accept a dancer, then the audience also should be rejected by the same society.

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Furqan | 13 years ago | Reply This decision has got nothing to do with Islam, why don't people know that there is no such thing as Shariah Law in Pakistan's courts, may ALLAH guide all those Muslims who commented on this post.

Hmmm | 13 years ago | Reply Now do the Islam and Judiciary bashing all of you - again!!!!Don't forget the lady wanted the divorce herself and she got one and the judiciary acted according to the guardian law. Such a pity that every other time we love bashing the religion

muhammad farhan aziz | 13 years ago | Reply Well one has to fight for one's rights,no one gives anything in a silver platter.If women want their condition to improve then they have to stand up and say that yes,we are women & we are not ashamed of our gender or of our bodies & we won't hide ourselves under layer upon layer of suffocatin black cloth. it's time our girls talked back to the ones telling them how sinful the female form is,how it's the females who ruin the imaan of innocent,young men.Here's a news flash for you,no girl has ever ruined the imaan of a man.There is no such thing as an innocent teenage boy in the first place,so stop making girls ashamed of their gender & their bodies.

PostMan | 13 years ago | Reply 'The judge said that society did not approve of Ayesha’s profession and the job was not permissible for a Muslim woman.' and this guy is supposed to be the person equitable and just. No amount of money spent on restructuring the judicial system will be enough unless the society starts thinking on just terms.

Asma | 13 years ago | Reply absolutely Ridiculous. Another case of Pseudo-Islamic beliefs destroying human rationality

fatima akram | 13 years ago | Reply The people making such statements are the ones unfit for their jobs.Such state sanctioned injustice & hatred of women is the reason why 50% of our population can't contribute anything to our economy because as soon as they step out of their houses to work,they are confronted with the misogynistic abuse & insults directed their way. No matter how much we love to condemn the non-muslim west,they are a million times better then us when it comes to how they treat their women & the status their laws grant their women in society.

zainab irfan | 13 years ago | Reply Why never a statement like 'no mother would ever allow her daughter to be raised by an alcoholic father' ?? When will the unfair laws against women based on naked misogyny be removed from our legal system?? This unfair character assasination of women who work especially in the entertainment industry be it as actresses,models or stage artistes is a favourite pastime of our public. We love to sit in judgement on a woman's character.Well,we should then also sit in judgement on the characters of men who go out having affairs & one night stands. It's time someone held the men of our society to account also.Why must a woman always be at the receiving end of injustice in our islamic republic??

Balma | 13 years ago | Reply And what is this nonsense about Muslim women. When real tavaifs did exist, even hindu women will adopt Muslim names to act like a sophisticated tavaif. There were even Armenien tavaaifs in Calcutta. Anyways, most tavaifs in olden times were Muslims. Leave it to our judges to make lambee lambee taqreerai'n:-)

Balma | 13 years ago | Reply All forms of Pakistani (and Indian) arts should be promoted. One of them is dancing. Tavaifs (performers) have a role in our society. The judge should keep his bhaashans to himself. Tavaaifs (performers) and mujraas (presentations) are part of our history. If you don't like it, do do it. If you don't like to watch, don't go to such presentaions (mujras) or turn the TV off. Stop enforcing your ideals on others.

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