63. Under the Constitution both men and women have the right to acquire, own, inherit, transfer or otherwise transact of such property. 64. Majority of the land is owned by the state and it is divided equally between men and women.132 Moreover, Sharia governs inheritance of private land, which bequests male heirs twice the share of females.133However, in practice private land is also divided equally among men and women unless there is contention over equal distribution of ancestral land. 65. Equal distribution of matrimonial property was guaranteed under the Second Amendment to Family Act in 2016.134 As per the new amendment, if there is an existing pre-nuptial agreement between the spouses, prior to granting leave for divorce or prior to the dissolution of marriage, the court has power to equitably distribute matrimonial property acquired during the marriage.135 In addition, equitable distribution of matrimonial property is granted where a couple having a pre-nuptial agreement is unable to agree upon the distribution of the property acquired during the subsistence of the marriage.136 However, the concept of pre-nuptial agreement is relatively new thus it is not widely known or considered by most. 66. During divorce proceedings, the Court is allowed to take in to consideration the amount of property or money acquired individually by either the wife or husband and the amount that has been used during marriage and whether there has been an increment to that property or money during marriage. At the same time the Court shall have regard to the extent and effort put by each in acquiring the property. 28

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