Legal Capacity of Marriage and Guardianship of Disabled Person in Pakistani, Islamic, and International Law

Abstract

Recently, a bill was passed by the National Assembly of Pakistan regarding the rights of disabled people in Pakistan, and there are many developments in international law to protect the rights of disabled people. In this study, I will discuss all the family rights of disabled persons in Islamic, Pakistani, and international law. Unfortunately, people on various levels of the handicap spectrum face many problems, and one of the greatest among these is financial difficulty. In this context, the study targets several objectives, such as critically analysis the role of society and government in working together to pursue a coordinated approach towards ensuring family and individual security according to Islamic law; evaluating the existing position and improvement in institutional mechanisms for disabled persons; examining existing laws in other countries regarding disputes and issues arising in families of disabled persons; constituting a mechanism to prevent conflicts between families and individuals by addressing the problems of disabled persons and suggesting progressive solutions; and promoting a supportive family culture for disabled persons in Pakistan. The research is descriptive and qualitative in nature, based on the theoretical framework of UN Articles, constitutional rights, Quranic verses, and Ahadith related to family matters. Provincial and regional enforcement procedures will be comparatively reviewed. An analytical and critical approach will be adopted to examine issues related to loopholes in legal and social systems. Relevant books will also be consulted. The research includes official and secondary sources such as law magazines, journals, articles, commentaries, blogs, general comments, international jurisprudence, and human rights documents. Internet sources will also be used for data collection. Together, these form the secondary sources of the thesis. Although Pakistan has signed various conventions passed by the United Nations for human rights, the government has not yet formed a ministry for differently-abled persons to manage and supervise their affairs, even though they constitute a prominent portion of society.