ISLAMABAD: Pakistan’s Supreme Court has ruled that the payment of dower, or haq mehr, recorded in a marriage contract is a binding legal obligation that husbands must fulfill, reinforcing women’s financial rights under both law and Islamic principles.
According to a report by the state-run APP news agency on Friday, the ruling was delivered during hearings on multiple petitions related to dowry and dower disputes. Chief Justice Yahya Afridi stated that a Nikahnama creates enforceable legal obligations for the husband, including the full payment of the agreed dower.
“When a man marries a woman, he becomes legally bound to fulfill all conditions recorded in the Nikahnama, including the payment of haq mehr,” the chief justice said. He stressed that the amount written in the marriage contract must be paid in full and described the obligation as both legal and moral.
The court addressed a common issue in Pakistani society, where dower payments are often delayed, challenged or not paid, leaving women financially vulnerable, particularly in cases of separation or divorce.
During one case, a petitioner’s lawyer argued that the agreed dower of 40 tolas of gold was excessive and suggested that the husband was willing to pay 20 tolas instead. Rejecting the argument, the chief justice observed that fulfilling the agreed amount was the husband’s responsibility and remarked that paying a little more could help satisfy the wife.
The chief justice further noted that courts could not interfere in personal and family matters based on mutual consent, as such issues were governed by the terms voluntarily agreed upon by both parties in the marriage contract.
Following the hearings, the Supreme Court dismissed several petitions related to dowry and haq mehr, affirming that contractual commitments made at the time of marriage must be honoured.
Legal experts say the ruling is likely to strengthen the enforcement of dower payments across Pakistan and could reduce prolonged legal disputes faced by women seeking to recover amounts promised in their marriage contracts.