The Islamabad High Court (IHC) has issued sweeping directions to strengthen women’s financial rights, calling for urgent legal reforms and amendments to the marriage contract, or Nikahnama.
In a 28-page judgment, Justice Mohsin Akhtar Kayani ruled that a husband must return the entire dowry to his wife in the event of divorce, declaring that dowry items and bridal gifts remain the wife’s exclusive property.
The verdict came while deciding an appeal filed by Amara Waqar against the decisions of the lower courts.
The high court set aside the rulings of the family and district courts and directed the family court to rehear the case.
The court ordered that a fresh decision be issued within two months while applying the legal principles outlined in the judgment.
The court also ruled that if dowry items cannot be returned, the husband must pay their equivalent monetary value to the wife.
Justice Kayani further observed that women are entitled to an equal share in property acquired during marriage.
The judgment stated that such assets should be divided equally between spouses in cases of divorce or death.
The court cited Islamic principles, Quranic injunctions, and international legal precedents to emphasize that women’s financial rights are firmly grounded in both religious and legal frameworks.
Beyond the individual case, the court issued broader policy recommendations to the government.
The IHC directed authorities to introduce legislation clearly defining women’s ownership and financial rights. It also recommended amendments to the nikahnama to explicitly include provisions granting wives a share in assets acquired during marriage.
The judgment highlighted Column 18 of the nikahnama, noting that informed consent allows women to negotiate and secure their financial rights at the time of marriage.
The court also called for education on marital rights to be introduced in schools, colleges, and universities so that women better understand their legal entitlements.
Justice Kayani stressed that effective enforcement mechanisms are essential for protecting women’s rights, warning that legal provisions without implementation remain largely symbolic.
Concluding the judgment, the Islamabad High Court said protecting women’s financial rights is critical for building a fair and equitable society and urged lawmakers to prioritise reforms that ensure these protections are effectively implemented.