Hasnain Massodi, J.

1. Women have been at the bottom of barrel, for most part of human history. In archaic society essentially patriarchal in character, women remained confined to four walls of house, debarred from public life, before marriage under complete control of her father or male kin in absence of father and under subjection of her husband after marriage. Her position in either case was nothing except that of a mere chattel or a piece of property. The father or a male kin having guardianship over a girl, would receive consideration in cash or kind from the man to whom she was given by him, in marriage. She did not have a role in selection of her life partner. Her consent was not considered necessary and therefore never sought. She though required to play multiple roles ranging from providing comfort to her husband, bearing children, gathering and cooking food for the family, working in fields, adding to family assets, did not have any right over property created by her hard labour, not even the shelter she and her husband built. She was denied right to possess, own, control or manage property. Be it any part of the world or any civilization, the story of woman was one of subjection, humiliation, disrespect, misery and deprivation. John Stuart Mill in his essay: "The Subjection of Women" thus narrates plight of women in various civilizations over the ages:

"Originally women were taken by force, or regularly sold by their father to the husband. Until fairly recently the father could dispose of his daughter in marriage at his own will and pleasure, without any regard to hers. After the marriage, the man had anciently, the power of life and death over his wife. She could invoke no law against him, he was her sole tribunal and law. For a long time he could repudiate her, but she had no corresponding power in regard to him: By the old laws of England, the husband was called the Lord of the wife, he was literally regarded as her sovereign, that the murder of a man by his wife was called treason (petty as distinguished from high treason) and was more cruelty avenged that was usually case with high treason, for the penalty was burning to death.

The author giving an account of the status of woman in nineteenth century England comments:

"Meanwhile the wife is the actual bond servant of her husband: no less so, as far as legal obligation goes, than slaves commonly so called. She vows a lifelong obedience to him at the altar, and is held to it all through her life by law. Casuists may say that obligation of obedience stops short of participation in crime, but it certainly extends to everything else. She can do no act whatever but by his permission, at least tacit. She can acquire no property but for him; the instant it becomes hers, even if by inheritance, it becomes ipso facto his. In this respect the wife's position under the common law of England is worse than that of slaves in the laws of many countries. In Roman Law, for example a slave might have his Peculiar which to a certain extent the law guarantees to him for exclusive use."

2. In Roman Law, as stated in Encyclopedia Britannica, a woman was completely dependent. On her marriage, the property, if any, she had, went to her husband, she herself was purchased property of her husband and like a slave, acquired only for his benefit. A women could not hold any civil or public office, could not be a witness or surety, tutor or curator. In Mosaic Law to betroth a woman to oneself meant simply to acquire her possession by payment of the purchase money. Plight of women was no different in Greek and other civilizations. The women was taken as curse, a source of sin, and devil's gateway.

3. The fate of women in Pagan Arab Society was as bad, if not worse, as in any part of world. The condition of women in Arab Society in the age of ignorance (Jahilya) is described by Moin Qazi in his book "Women In Islam, Exploring New Paradigms" in following words:-

"Women suffered great injustic