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 of Pakistan has ruled that dower, or Haq Mahr, is a mandatory legal right of a wife in Islamic law, and must be given by the husband in good faith at the agreed time, without any demeaning conditions. The five-judge bench emphasized that if the husband fails to fulfill this legal obligation, the courts must step in with full authority.
The SC clarified that dower is not a "price" for the wife or a consideration in the technical common-law sense, but rather an exclusive proprietary right. The court emphasized that dower is not a favor, but a command of the Sharia, statute, and justice, and the husband cannot escape liability by silence. The judgment cited the Sunnah of the Holy Prophet (PBUH) to highlight the importance of dower in marriages.
The SC also directed that each case involving dower must be decided on its own merits by the appropriate bench, and that judges must interpret laws affecting dower in a manner that protects the wife's lawful entitlement while remaining faithful to the actual agreement. The judgment emphasized the need to prevent the institution of marriage from being reduced to a mere transaction, and to ensure the husband does not use dower as a weapon in later disputes.
Written by urgent.news from Dawn's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
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