Hopeful to hopeless in 15 days. The judgment of the Noor Mukadam case gave hope to many women that perpetrators like Zahir Jaffar will be held accountable by the courts. Yet in 15 days, that hope has gone, and I am reminded again of the crime women dare to commit, say no. Sana Yousaf, a seventeen-year-old, was murdered because she dared to say no to a man. Is it a crime for women to do so?
Yes, since the majority of the men in this society can’t seem to stomach the fact that women do have a choice and the right to exercise it. There will certainly be those who will again use religion to counter this argument, which will fail, since Islam does give women the right to choose who to marry, and certainly they can’t be forced into it. Just as religion has been used to oppose the Islamabad Capital Territory Child Marriage Restraint Bill 2025. To their dismay, not only is this right conferred by Islam, but by law as well.
Justice Hashim Kakar, in the case of Muhammad Kamran v The State, reaffirmed this. Maimoona Shaheen lost her life since she committed the heinous crime of exercising her right as to whom to marry, and refusing the defendant’s proposal. What would be the right thing to do in such a case? Of course, kill her. It is evident that he certainly did not take rejection well, thus having to resort to such acts, or had to avenge his ego to keep his masculinity alive.
The apex court held that no one has the right to force another into marriage, and the autonomy and dignity of women are protected by law and taking a life because of refusal to marry is contrary not only to justice itself but the autonomy of women. It was highlighted that marriage must be contracted via consent, not coercion. One must agree with the court that such acts are not born in isolation but nurtured by the social mindset that devalues a woman’s autonomy and treats her consent as optional. Until this social mindset is changed, certainly, many more women will lose their lives because of refusing a marriage proposal. Why do we, as a society, consider women’s consent as secondary? When it should be the determinative factor.
This decision of the apex court, along with the decision of Noor’s case, is certainly imperative in halting such patriarchal practices, as mentioned in the judgment, where women are treated as property rather than citizens who have the right to consent and decide who they want to marry. These rights are conferred by Article 9 of the Constitution, that is, no person shall be deprived of life or liberty, and in this case, Maimoona Shaheen was deprived of her life due to exercising her liberty to choose her own spouse. Lest we forget, patriarchy does seep into the apex court as well, Justice Hashim Kakar did state in Noor’s case that men and women living together out of wedlock was against religion and morals. The decision in Maimoona’s case is certainly an improvement, particularly since the role of the judge is not to judge morality but to decide based on law.
Noor and Maimoona’s stories are just one of the many which have made it to the mainstream media or reached the apex court for consideration. One must not forget Khadija Siddiqui, who was stabbed 23 times. Hundreds of other lives have been lost just because women exercised their rights. The patriarchal mindset and societal mindset which breeds such acts need to change, since, as per the Human Rights Commission of Pakistan in 2024, 346 women died due to ‘honour’ killings. This femicide isn’t just limited to Pakistan, but two Iranian women were killed for rejecting marriage proposals.
We have to recognise the fact that all of us are complicit in these patriarchal practices, in one way or the other. The society, the judiciary, the state, and other women. Has a man killed an employer for rejection? No. However, a woman, yes, he can because he knows he won’t be held accountable. Patriarchy is built by men but passed down by women. Women shame other women for prioritising careers over marriage. Women are told that silence, compromise, and ‘sabr’ are signs of being a good woman. A woman should tolerate disrespect in a marriage because that’s what is expected of them. Our society needs to stop perpetuating an environment that hates women and where women are weak; rather, empower them.
For this to change, it must be understood that everyone in society has a role to play. Men have the right to education, choose their own career and partner, but for a woman, society decides. This is the unfortunate norm of our society, thus, when men are denied this control over women, it leads to such crimes. Women exercising choice over their lives is seen as a threat to male dominance, but if men have the right to ask, then women also have the right to deny? This particular, no, hurts men so much since it is the realization that a society that has always favored them includes women who say no.
Sana, Noor, and Maimoona all had the right to live, and the right to say no. So do you. Exercise it, because what they are most afraid of is women living their lives fully; the ultimate form of resistance. Do it for those who dared to say no.