Domestic violence

The parliament's passage of the Domestic Violence Act, 2026 is yet another attempt to address an undeniable and deeply entrenched social ill. Domestic violence remains widespread in Pakistan, often hidden behind the walls of the home and protected by silence.

The bill significantly broadens the definition of domestic violence. It includes not only physical and sexual abuse, but also psychological and verbal conduct including, most controversially, the threats of divorce or second marriage on "baseless" accusations of insanity or infertility. Punishments can extend to three years imprisonment, along with fines and compensation. At a moral level, Islam is unequivocal in condemning physical and psychological cruelty within marriage. In that sense, the spirit of protecting vulnerable individuals within the household is just. However, the problem lies not in intent but in execution. Divorce and polygamy, while regulated and discouraged except under necessity, are nonetheless permissible under Islamic law. Criminalising threats related to these rights, without clearly defining what constitutes a "baseless" accusation or malicious intent, risks crossing from protection into overreach. How, for instance, will investigators or courts determine whether a threat of divorce was abusive or part of a genuine marital dispute? Vague language is dangerous as it opens the door for misuse. Moreover, Islam places strong emphasis on reconciliation and mediation before punitive action. The legislation, however, offers little clarity on whether arbitration councils or family mediation will be prioritised before criminal penalties are imposed.

None of this is to deny the urgency of protecting victims of domestic violence. The silence surrounding abuse has destroyed countless lives. But good law requires precision and institutional readiness. If the parliament is serious about addressing domestic violence, it must clarify definitions and build safeguards against abuse of process.