Dowry must be returned after divorce, rules IHC

The Islamabad High Court (IHC) has issued far-reaching directions to strengthen women's financial rights, calling for urgent legal reforms and mandatory changes to the nikahnama, while setting aside lower court rulings in a key dowry dispute.

In a 28-page written judgment, Justice Mohsin Akhtar Kayani ruled that in the event of divorce, a husband is legally bound to return the entire dowry to the wife, declaring that such assets, along with bridal gifts, remain her exclusive property.

The verdict came while deciding an appeal filed by Amara Waqar against lower courts rulings. Justice Kayani held that women are also entitled to an equal share in property acquired during marriage, to be divided equally between spouses in cases of divorce or death.

While declaring the decisions of the family and district courts null and void, the IHC directed the family court to rehear the case and issue a fresh ruling within two months, ensuring that legal principles outlined in the judgment are properly applied.

Citing Islamic law, Quranic injunctions and international judicial precedents, the court underscored that women's financial rights are firmly rooted in both religious and legal frameworks. It further ruled that in cases where dowry items cannot be returned, the wife has the right to claim their equivalent monetary value from the husband.

Beyond the immediate case, the court issued broader policy directions, instructing the government to enact legislation that clearly defines and protects women's ownership and financial rights. It also called for amendments to the nikahnama to explicitly include provisions granting wives a share in assets acquired by the husband during marriage.

The judgment emphasised that reliance on vague or unenforced contractual terms has historically weakened women's ability to claim their rights, necessitating clearer legal safeguards. In a notable directive, the court urged authorities to introduce education on marital rights at school, college and university levels, enabling women to better understand their legal entitlements.

The ruling specifically pointed to column 18 of the nikahnama, stating that informed consent and awareness would allow women to negotiate and secure their rights at the time of marriage. The court observed that effective enforcement mechanisms are as critical as legal provisions, warning that without implementation, statutory protections would remain largely symbolic.

Concluding its observations, the high court stressed that safeguarding women's financial rights is essential for building a fair and equitable society, linking legal reform directly to broader social progress.