Supreme Court Upholds Dower as Wife’s Right
Pakistan’s Supreme Court ruled that dower (Haq Mahr) is a mandatory legal right for wives, not a price, and courts must enforce it to protect women’s dignity.
The unanimous decision was delivered by a five judge bench headed by Justice Shahid Waheed and joined by Justices Irfan Saadat Khan, Aqeel Ahmed Abbasi and Shahid Bilal Hassan.
The court held that dower is an exclusive proprietary right of the wife and must be given in good faith at the agreed time without conditions that demean her.
The ruling directs that any case involving dower be placed before the appropriate bench for decision on its merits and that courts interpret the law to give practical protection to the wife’s entitlement.
Justice Shahid Bilal Hassan added directions for nikah registrars to ensure that all columns of the nikahnama are accurately recorded, especially columns 13 to 16 that detail the dower agreement.
The court emphasized that the institution of marriage must not be reduced to a transaction where the wife’s rights are an afterthought and that the dower must not be used as a weapon in later disputes.
