The Islamabad High Court (IHC) has ruled that husbands are legally bound to return the entire dowry to their wives in case of divorce, while issuing directions for legal reforms and changes to the nikahnama.
In a 28-page judgment, Justice Mohsin Akhtar Kayani held that dowry items and bridal gifts remain the exclusive property of the wife. He also stated that if such items cannot be returned, the wife is entitled to claim their monetary value.
The verdict was issued in an appeal filed by Amara Waqar against earlier rulings of lower courts. The high court set aside the decisions of the family and district courts and directed the family court to rehear the case within two months in line with the principles outlined in the judgment.
Justice Kayani further ruled that women are entitled to an equal share in property acquired during marriage, which should be divided between spouses in cases of divorce or death.
Referring to Islamic law, Quranic injunctions and international precedents, the court stated that women’s financial rights are recognised under both religious and legal frameworks.
The court also directed the government to introduce legislation to define and protect women’s ownership and financial rights. It called for amendments to the nikahnama to include provisions ensuring a wife’s share in assets acquired during marriage.
The judgment pointed out that unclear contractual terms have limited women’s ability to claim their rights and stressed the need for clearer legal safeguards.
It also instructed authorities to include education on marital rights at school, college and university levels so women are aware of their legal entitlements.
The court referred to column 18 of the nikahnama, stating that awareness at the time of marriage would enable women to secure their rights. It observed that enforcement mechanisms are necessary for implementation, noting that legal protections remain ineffective without execution.
