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.
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