ahore High Court has found that in mandating women to adopt their husband’s last name for issuance of passports the Directorate General of Immigration and Passports is guilty of unconstitutional. The directorate general has been instructed accordingly to discontinue the practice.

A large number of people in Pakistan have followed the Western naming convention whereby marrying women adopt their husband’s surname. The practice is rooted in societal expectation, reflecting a structure that emphasises the husband’s premarital identity over the wife’s.

The Pakistan Passport Act, 1974, and its subsequent regulations govern the procedures and requirements for issuance of passports. These legal instruments stipulate various criteria for obtaining a passport, including the naming convention. The mandate for women to change their surname upon marriage is not explicitly outlined in the Act itself. However, it has been enforced through administrative practice.

Shariah law lays significant emphasis on the preservation of individual identity and lineage. Women in early Islamic history are known to have retained their fathers’ names, indicating that the Islamic tradition did not favour the adoption of the husband’s surname. Prominent Islamic scholars have held that a person’s identity remains linked to their father’s name and is noit affected by marriage. This aligns with the concept of lineage preservation in Islam. Recent practice across Muslim-majority countries varies, with most adhering to the principle that women retain their father’s surname. In most Arab countries and Iran, for instance, women continue to use their father’s name after marriage, reflecting strict adherence to the Islamic principle with regard to lineage. Many married women in Pakistan echo these concerns. Rafia Ali, one such person, says: “Changing my surname after marriage was unnecessary. It was not something I had to do as a Muslima. I wanted to retain my father’s name which is a part of my identity and my personal history.”

The National Database and Registration Authority allows marrying women to retain their father’s surname after marriage. This policy supports women’s autonomy and aligns with international human rights standards. The NADRA has established procedures for women who choose to change their surname post-marriage. This involves submitting a marriage certificate and updating relevant personal identification documents. Women who opt to retain their father’s surname face no legal barriers.

The passport office policy mandating the adoption of the husband’s surname can be seen as an encroachment on women’s autonomy. It reinforces a disputed norm and undermines women’s ability to choose their identity and maintain continuity in their professional and personal lives. Such policies can have far-reaching implications, affecting professional identity, academic publications, and personal branding, where consistency is crucial.

Internationally, there is a trend towards allowing women to retain their maiden names or choose their preferred surname post-marriage. The United States, Canada and most European nations recognize the right of women to decide their surnames. This aligns with international human rights norms that emphasise gender equality and personal autonomy. The UN Convention on the Elimination of All Forms of Discrimination Against Women, to which Pakistan is a signatory, aims to eliminate discriminatory practices that undermine women’s rights. The mandatory surname change can be viewed as contravening this international commitment.

The NADRA already allows women to retain their father’s surname after marriage. This policy supports women’s autonomy and aligns with international human rights standards.

Tahani Khan, a legal analyst, states: “It is a matter of personal choice. For women who do not want a husband’s name imposed on them, it clearly ties up with their rights. The father’s name may very well suffice for both men and women. It also saves the procedural hassle of visiting the NADRA to change the surname after marriage and divorce. It is an avoidable nuisance.”

The recent Lahore High Court order says that women should not be compelled to adopt their husband’s surname for passport issuance. This decision aligns with the NADRA policy and reinforces the principle of personal autonomy and the right to self-identification. The court’s decision marks a significant step towards gender equality and the protection of women’s rights in Pakistan. It also highlights the judiciary’s role in upholding constitutional guarantees and aligning domestic policies with international human rights standards and best practices. This ruling sets a precedent for future cases, encouraging legal reforms and administrative changes that respect women’s autonomy and personal choices.

It is imperative for the passport issuance policies and procedures to be revised in accordance with the court order, NADRA’s stance and Islamic teachings. This alignment will reflect both religious principles and modern human rights standards. Documentation procedures should explicitly provide women the option to retain their father’s surname or change it based on personal preference. Raising awareness about women’s rights to their identity is crucial. Educational campaigns can help shift the societal norm and reduce the hardship associated with women retaining their father’s surname post-marriage. Collaboration with religious scholars to educate the public on the Islamic perspective regarding women’s names post-marriage can foster a more inclusive and respectful understanding of women’s rights.

Comprehensive legal protections should be enacted to safeguard women’s right to choose their surname. This includes ensuring that women are not discriminated against in legal, professional or social contexts based on their surname choice. Pakistan’s commitment to international human rights conventions necessitates aligning domestic policies with global standards, thereby reinforcing the nation’s dedication to gender equality.

Pakistan’s passport policy mandating women to adopt their husband’s surname post-marriage is rooted in a patriarchal norm rather than Islamic teachings or modern legal principles. Aligning passport policies with the NADRA’s progressive stance, the Lahore High Court’s ruling, and international human rights standards will uphold women’s rights, promote gender equality, and reflect Pakistan’s commitment to its constitutional and international obligations.

The writer is the CEO at ZAK Casa and Verde as well as a managing partner at a law firm, namely Lex Mercatoria