Dower not a ‘price’ for wife but her mandatory legal right, SC rules
ISLAMABAD: The Supreme Court (SC) on Tuesday ruled that dower ( Haq Mahr ) was a mandatory legal incident of marriage imposed by Islamic law and should be given by the husband to the wife in good faith, at the agreed time, without conditions that demean the wife. “If not given, the courts must step in, not with hesitation, not with apology, but with full authority of the law,” ruled a five-judge…
The Supreme Court (SC) of Pakistan ruled that dower, known as Haq Mahr, is a mandatory legal right for wives under Islamic law. This ruling came after considering several civil and criminal petitions related to the stipulations in the nikahnama (marriage contract) regarding dower. The five-judge bench, led by Justice Shahid Waheed, emphasized that dower is not a price for the wife nor a consideration in the common-law sense.
Instead, dower represents an exclusive proprietary right for the wife, reinforcing the constitutional values of human dignity, equality, and protection of the family. The court directed that courts must interpret dower-related laws in a way that effectively safeguards the wife's entitlement while adhering to the actual agreement established by the evidence.
The judgment stressed that dower should not be used as a coercive tool in future disputes. It began with the premise that the wife's dignity is at stake and emphasized that the court's role is to determine the wife's rightful entitlement on the basis of evidence. The judgment also cited the Sunnah of the Holy Prophet (PBUH), highlighting that the Prophet never treated dower as a ceremonial formality but insisted that every marriage include dower according to the husband's means, with moderation and condemnation of unnecessary extravagance.
Additionally, Justice Shahid Bilal Hassan issued directions to ensure compliance with the Muslim Family Laws Ordinance, 1961, and Rules. These directions covered the completion of relevant columns in the nikahnama, including Columns 13 to 16, which specifically address dower. The registrar was instructed to ensure the accurate recording of the agreement's terms and to avoid introducing any terms of his own.
Proper authentication and preservation of the nikahnama, along with periodic training for nikah registrars, were emphasized to ensure the document reflects the actual agreement reached by the parties.
Written by urgent.news from Dawn - Pakistan's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
This story
This is one outlet's version. Read the fullest account.
