In a significant ruling, a family court in Lahore has upheld a woman’s right to receive her full dower (Haq Mehr) despite initiating divorce due to an abusive marriage, reinforcing legal protections for women under Islamic and Pakistani family law.
The case involved a woman who approached the court seeking dissolution of marriage (khula) after enduring years of physical and emotional abuse. The husband argued that since the woman had sought khula, she was not entitled to the dower amount promised at the time of their marriage. However, the court ruled in the woman’s favor, stating that dower is a lawful right that cannot be denied on the basis of who initiates the divorce.
“The dower is not a favor, but a legally binding obligation upon the husband. A woman cannot be deprived of it merely because she chose to end an abusive and unbearable marriage,” the presiding judge noted in the verdict.
Legal experts have hailed the decision as a progressive step toward protecting women’s rights and encouraging victims of domestic violence to seek justice without fear of financial penalties.
“This judgment sends a clear message that women do not lose their financial entitlements when they choose to walk away from harmful relationships,” said Advocate Maria Khokhar, a family law practitioner in Lahore.
The ruling is expected to set a precedent for similar cases across the country, where women are often pressured into staying in abusive marriages due to concerns about losing their dower or facing social stigma.
According to Islamic law, dower is a mandatory gift from the husband to the wife at the time of marriage, and its payment is not conditional on the continuation of the marriage.
The court has directed the husband to immediately pay the full dower amount, as stated in the marriage contract (Nikahnama), and warned of legal consequences in case of non-compliance.