Supreme Court declares dower a mandatory marital right, not a price
The Supreme Court ruled that dower (Haq Mahr) is a compulsory legal right of the wife, not a price, and must be paid in good faith.
In a unanimous decision, a five-judge Supreme Court bench headed by Justice Shahid Waheed declared that dower, or Haq Mahr, is a mandatory legal incident of marriage imposed by Islamic law and an exclusive proprietary right of the wife. The court emphasized that it is not a price or consideration and must be paid in good faith at the agreed time, without demeaning conditions. Judges Irfan Saadat Khan, Aqeel Ahmed Abbasi and Shahid Bilal Hassan stressed that courts must intervene decisively when dower is denied, upholding constitutional values of dignity and equality.
The ruling also directed nikah registrars to complete columns 13-16 of the nikahnama precisely, reflecting the actual agreement and providing clear descriptions of any property given. Each pending case will be assigned to the appropriate bench for merits, and Union Council authorities are tasked with training and inspecting registrars to ensure compliance.
Why it matters
It clarifies women’s financial rights in marriage, strengthening legal protection and enforcing Islamic family law in Pakistan.
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