Law and Inequality: How Cultural, Class Values Disempower Vulnerable Individuals in Muslim Societies

Authored By: Aqsa Khalid

City ST George’s, University of London

Abstract

This article explores the intersection of law, class, and cultural values in disempowering vulnerable individuals particularly women and low-income groups in Muslim societies such as in Pakistan. It examines how deeply entrenched patriarchal and class-based norms, often misrepresented as religious doctrine, contribute to systemic inequality and legal injustice. Through case studies such as the Noor Mukadam murder, the honour killing of Qandeel Baloch, and instances where wealthy individuals evade accountability for serious crimes, the article highlights the stark disparity in access to justice.

The discussion delves into the failure of the legal system, where corruption allows the upper class to escape punishment while marginalised groups suffer in silence. It also challenges misconceptions about Islamic law, arguing that many oppressive practices stem from cultural traditions rather than religious teachings. By analysing existing legal frameworks and their shortcomings, this article advocates for legal reforms, stricter law enforcement, and cultural shifts to dismantle systemic discrimination. Ultimately, it calls for urgent action to address these inequalities and create a more just and equitable society.

Introduction

Systemic legal inequalities in Pakistan disproportionately affect women and low-income individuals, leaving them vulnerable to injustice. Despite legal provisions aimed at protecting fundamental rights, the implementation of these laws remains weak, particularly for marginalised groups. Women face widespread issues such as domestic violence, marital rape, and honour killings. At the same time, individuals from lower economic classes struggle to seek justice due to corruption and socio-political power dynamics.

A significant factor contributing to this inequality is misrepresenting cultural beliefs as religious doctrine. Many oppressive practices, including the suppression of women’s rights and the use of blasphemy laws against the poor, stem from patriarchal traditions rather than Islamic teachings. These misconceptions reinforce discriminatory attitudes, allowing systemic injustices to persist under the guise of religious legitimacy.

The economic class further exacerbates this disparity, as wealth and influence enable perpetrators to evade legal consequences. High-profile cases, such as the murders of Noor Mukadam and Qandeel Baloch, illustrate how the elite can manipulate the justice system to escape accountability. In contrast, individuals from lower classes often lack the resources or connections to defend themselves, leaving them at the mercy of a corrupt and biased legal framework.

This article will examine how cultural misconceptions, class privilege, and legal corruption intersect to disempower vulnerable individuals in Pakistan, we will see the cases from different cities in Pakistan and how they’re interconnected when it comes to injustice. This article will analyse key cases, explore the failures of the justice system, challenge common justifications for inequality, and propose legal and societal reforms to address these systemic issues.

Background

Pakistan’s legal system is plagued by corruption, where justice is often reserved for those who can afford it. Wealth and political connections allow powerful individuals to manipulate the system, evade punishment, and silence victims. Bribery, political influence, and nepotism play a critical role in deciding legal outcomes, often overriding the law itself.

One of the most alarming aspects of this corruption is how the upper-class benefits from legal impunity. Wealthy individuals accused of crimes ranging from domestic abuse to murder often secure bail quickly, have cases dismissed, or use their influence to pressure victims into silence. The Noor Mukadam case, where the daughter of a former diplomat was brutally murdered by an influential man, is an example of how legal battles become drawn out when the accused comes from a privileged background. Although Noor’s murderer was eventually convicted, countless other cases go unresolved due to the accused’s connections to political or military elites.

At the same time, blasphemy laws disproportionately target the poor, as they are often weaponised against marginalized individuals who lack the resources to defend themselves. Cases like that of an 8-year-old boy in Punjab, who was arrested for allegedly committing blasphemy, show how these laws are exploited, while powerful individuals who commit serious crimes face minimal repercussions.

The justice system’s failure to protect vulnerable individuals discourages victims from coming forward, as they see legal proceedings as futile. Fear of retribution, social stigma, and financial burden force many to accept injustice rather than fight against a deeply flawed system.

Compared to larger cities in Pakistan such as Lahore or Islamabad, Dera Ghazi Khan is a smaller district where the locals can tell you about 1000s of cases regarding injustice but when you search for a case on any social platform you can never find it as there’s no reference because they never actually end up in court as this will cause disruption in people’s political career or social power. Many smaller cities in Pakistan are victims of this initiative. Women and lower-class individuals in Pakistan face extreme difficulties in seeking justice due to social hierarchies that prioritise the elite and silence the poor. The region’s lack of legal infrastructure makes it nearly impossible for victims to report crimes. Many cases never reach the courts, as local landlords, feudal lords, and political figures exert control over law enforcement. For women, the situation is even more dire. Domestic violence, honour killings, and sexual abuse are rarely prosecuted, as local traditions discourage women from speaking out against male relatives or influential figures.

One of the biggest barriers to justice in Pakistan is the absence of financial resources among the lower class. Many families cannot afford legal representation, and public legal aid is nonexistent. As a result, victims are forced to compromise or withdraw cases under pressure from influential parties. The intersection of class, gender, and legal corruption in Pakistan exemplifies the broader crisis. While the country has laws meant to protect vulnerable groups, the reality is that these laws remain largely symbolic, failing to be enforced in regions where social and political power outweighs the rule of law.

This highlights how legal inequality is not just a national issue but a localised, deeply entrenched problem. The challenges faced by vulnerable individuals reflect a larger pattern of injustice across Pakistan, demonstrating the urgent need for legal reforms, stricter enforcement, and social change to address systemic discrimination.

Misinterpretation of Islam & Cultural Influence

One of the key drivers of systemic inequality in Pakistan is the misinterpretation of Islamic principles to justify cultural traditions that disempower women and lower-class individuals. While Islam emphasises justice, equality, and protection for vulnerable groups, many oppressive practices in Pakistan are rooted in patriarchal traditions rather than religious doctrine. Practices such as honour killings, forced marriages, domestic violence, and restrictions on women’s mobility are often defended under the pretence of Islamic values, even though they have no basis in the Quran or Hadith.

In reality, Islamic teachings uphold the rights and dignity of women, ensuring financial independence, the right to education, legal protections, and autonomy in marriage. However, conservative cultural norms have selectively ignored these aspects while perpetuating regressive practices under religious justification. The result is a legal and social system where cultural traditions overshadow actual religious doctrine, reinforcing gender and class inequality.

Honour Killings: A Cultural Crime Disguised as Religion

One of the most alarming manifestations of this misinterpretation is honour killings, where women are murdered for allegedly bringing “shame” to their families. Though Islam strictly condemns murder and upholds the dignity of all individuals, honour-based violence continues to be tolerated in many rural and tribal communities. Families justify these killings as acts of restoring “honour,” particularly when women marry without parental approval, seek divorce, or are even suspected of extramarital relations—despite the absence of any legal or religious basis for such punishment.

Pakistan has witnessed several high-profile honour killing cases such as the case State v.

Muhammad Waseem (Qandeel Baloch Murder Case) [2019], Qandeel Baloch born in Dera Ghazi Khan, who was a Pakistani social media star known for her bold online presence that challenged societal norms. In July 2016, she was murdered by her brother, Muhammad Waseem, who confessed to killing her for allegedly bringing dishonour to the family.

According to his statement, he believed that had not done anything wrong as her actions were disruptive to his family’s honour and the Balochi tribe’s norms and values. Despite her parents’ attempts to pardon their son, a trial court in Multan rejected the request, emphasising the state’s commitment to prosecuting honour-based crimes. In September 2019, the court reserved its verdict after concluding arguments from both the prosecution and defence.

Forced Marriages & Child Marriages

Another major issue falsely attributed to Islam is forced and child marriages, which disproportionately affect women from lower-income backgrounds. Islamic law mandates free and willing consent as a requirement for a valid marriage, yet many Pakistani families ignore this principle, marrying off daughters at a young age for financial or social gain. According to UNICEF, Pakistan has one of the highest rates of child marriage in South Asia, with an estimated 18% of girls married before the age of 18.

The legal framework itself reflects contradictions between religious interpretation and cultural enforcement. While the Child Marriage Restraint Act sets the legal marriage age at 16 for women and 18 for men, religious and cultural leaders often oppose raising the age limit, arguing that Islamic law allows earlier marriages. A study indicated a significant rise in marriages among girls aged 15 to 19 following the major floods of 2010 in Pakistan. Approximately 66.4% of marriages in rural areas of Khyber Pakhtunkhwa Province involve first or second cousins which are causing increasing genetic disorders. This conflict hinders legislative progress and leaves thousands of girls vulnerable to exploitation.

Domestic Violence & Marital Rape: Legally Overlooked

Domestic violence and marital rape which is not even recognised as a crime under Pakistani law—are other key issues that highlight how cultural beliefs override both legal and religious obligations. Islam explicitly promotes kindness, respect, and mutual consent in marriage, yet conservative interpretations in Pakistan enable men to exert unchecked authority over their wives, justifying abuse under the notion of male superiority.

The case State v. Zahir Jaffer (Murder of Noor Mukadam), shocked the nation and brought global attention to issues of gender-based violence in Pakistan. Noor was a 27-year-old woman who on July 20, 2021, was brutally murdered by Zahir Jaffer, a man she had known, in Islamabad. She was held hostage, tortured, raped, and decapitated. The crime was committed in Jaffer’s family home, with his parents and household staff allegedly playing a role in covering up the crime. Jaffer was arrested at the scene, and in February 2022, he was sentenced to death for her murder and an additional 25 years for the rape. However, two household staff members were sentenced to ten years for their involvement. The case sparked widespread outrage across Pakistan, with public figures, activists, and citizens demanding justice for Noor and calling for better protection for women. In March 2023, the Islamabad

High Court upheld the sentences, and the Supreme Court dismissed Jaffer’s appeal in April 2023. Noor’s tragic death has highlighted the pervasive issues of domestic violence and the urgent need for legal reforms to ensure justice for women in Pakistan.

Although the Domestic Violence (Prevention and Protection) Act exists to criminalise domestic abuse, its enforcement is weak due to social stigma, lack of police intervention, and judicial bias in favour of men. Women who attempt to report abuse face severe backlash from their families and communities, and in many cases, police officers pressure victims to “reconcile” with their abusers instead of pursuing legal action. The absence of marital rape laws further exacerbates the issue, as women are legally unprotected from sexual violence within marriage, reinforcing the idea that wives are the “property” of their husbands. According to the 2017 census, women make up 48.76% of Pakistan. Approximately 33% of women who experienced physical abuse chose not to report it. There’s also economic dependence where women who are financially reliant on their families often have no choice but to endure abuse, fearing social exclusion or economic hardship if they seek legal action. The lack of education many women are unaware of their legal rights due to limited education and social conditioning that discourages them from challenging authority figures. Hence, there are no such domestic violence or marital rape cases that have a reference in Pakistan because they’re unreported normalising marital rape and domestic violence in society.

Class-Based Discrimination: A Double Burden

Gender-based oppression is further compounded by economic class discrimination, which prevents lower-income women from accessing legal remedies. Women from privileged backgrounds have better access to legal representation, social support, and financial independence, while those from poor or rural areas face significant barriers to justice. Such as Police Neglect & Judicial Bias many lower-class women are unable to file complaints because police refuse to register cases, especially if the accused belongs to a wealthy or politically influential family. The case State v. Shahrukh Jatoi (Shahzeb Khan Murder Case), 2013-2018 is a prominent example of murder and the influence of wealth in Pakistan’s legal system. In 2012, 20-year-old Shahzeb Khan, a university student in Karachi, was murdered by Shahrukh Jatoi, the son of a feudal lord, following a family dispute over his sister. Despite initial delays and the accused’s powerful connections, Shahrukh Jatoi was sentenced to life imprisonment in 2013. However, the case took a controversial turn in 2017 when Shahzeb’s parents pardoned the killers under Pakistan’s Qisas and Diyat law, allowing them to escape punishment. This sparked public outrage, leading the Supreme Court of Pakistan to intervene. In 2018, the court ordered the re-arrest of Shahrukh Jatoi, declaring the pardon invalid due to pressure on the family, and he was sentenced to seven years in prison. The case highlighted the misuse of the Qisas and Diyat laws and the influence of class and wealth in ensuring impunity for the powerful.

The Role of Religious Leaders & Misuse of Authority

Many religious scholars and clerics in Pakistan hold significant influence over legal and social matters, yet some misuse this power to uphold patriarchal norms rather than advocate for the true Islamic principles of justice and equality. In many cases, religious leaders oppose progressive legal reforms, such as laws against domestic violence and child marriage. Issue fatwas (religious decrees) that justify male dominance discourage women from seeking justice and influence local courts and Jirga (tribal council) decisions, which often prioritise male interests over female victims’ rights. For example, in many rural areas, Jirgas continue to settle rape and honour killing cases through forced marriages, financial compensation, or the victim’s family being pressured to “forgive” the perpetrator—all of which completely disregard both legal and Islamic principles of justice.

Conclusion

The misinterpretation of Islamic values, coupled with deeply ingrained cultural traditions, has led to widespread systemic oppression of women and lower-class individuals in Pakistan. While Islam advocates for gender equality, legal protections, and justice, patriarchal forces continue to manipulate religious teachings to reinforce a culture of male dominance and class privilege.

By challenging false religious justifications and promoting authentic Islamic teachings on human rights, Pakistan can begin addressing the structural inequalities that leave millions of women and marginalised communities without justice or protection. However, this requires a shift in social attitudes, stronger enforcement of legal protections, and active resistance against patriarchal customs disguised as religious obligations.

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