Key Takeaways
- Supreme Court of Pakistan ruled that dower is a mandatory legal incident of marriage.
- The court emphasized that dower is not a price for the wife but a proprietary right.
- The ruling aims to protect the wife's dignity and ensure her rights are fulfilled.
The Supreme Court of Pakistan has ruled that dower (Haq Mahr) is a mandatory legal incident of marriage, imposed by Islamic law. The court, in a unanimous decision, stated that dower should be given by the husband to the wife in good faith, at the agreed time, without any demeaning conditions.
Justice Shahid Waheed, leading the five-judge bench, explained that dower is neither the price of the wife nor a consideration in the technical common-law sense. It is an exclusive proprietary right of the wife, reflecting constitutional values of human dignity, equality before the law, and protection of the family.
The court emphasized that dower must be given without hesitation or apology, and that if not given, the courts must step in to ensure the wife's rights are protected. Justice Waheed stated, 'If not given, the courts must step in, not with hesitation, not with apology, but with full authority of the law.'
The judgment also directed that each case involving dower be placed before the appropriate bench for decision on its own merits. The courts must interpret laws affecting dower in a manner that gives practical and effective protection to the wife’s lawful entitlement while remaining faithful to the actual agreement proved by the evidence.
Justice Waheed further emphasized that dower is not a favour but a command of the Sharia, a command of the statute, and a command of justice. He stated, 'Her right is not a favour. It is a command of the Sharia, a command of the statute, and a command of justice. The court’s task is to determine, on the basis of the evidence, what that right is, and then to ensure that it is fulfilled.'
The court also cited the Sunnah of the Holy Prophet (PBUH), stating that it illuminates the philosophy of dower. The Prophet (PBUH) never treated dower as a ceremonial formality but rather as a serious obligation.
The ruling aims to protect the home and, by extension, society. Justice Waheed stated, 'For in protecting dower, we are protecting the home. By protecting the home, we protect society. And in protecting society, we are fulfilling the promise of a nation that claims to be founded on the principles of Islam, justice and human dignity.'
The court's decision is a significant step towards ensuring that the rights of wives are protected under the law, aligning with constitutional values and Islamic principles.
If not given, the courts must step in, not with hesitation, not with apology, but with full authority of the law.
Justice Shahid Waheed, Supreme Court Justice
Her right is not a favour. It is a command of the Sharia, a command of the statute, and a command of justice.
Justice Shahid Waheed, Supreme Court Justice
