IHC rules husbands must return dowry after divorce

The Islamabad High Court has ruled that husbands are legally required to return all dowry items to their wives in the event of divorce, while also directing broader legal reforms to strengthen women’s financial rights.

In a detailed 28-page judgment, Justice Mohsin Akhtar Kayani held that dowry and bridal gifts remain the exclusive property of the wife, and if the items cannot be returned, their monetary value must be paid.

The ruling was issued in a case filed by Amara Waqar, with the court setting aside earlier decisions of lower courts and directing the family court to rehear the matter within two months in line with the new legal interpretation.

The court further stated that women are entitled to a share in property acquired during marriage, which should be divided between spouses in cases of divorce or death.

Referring to Islamic principles, Quranic injunctions, and international legal practices, the judgment affirmed that women’s financial rights are recognised across both religious and legal frameworks.

The court directed the government to introduce legislation to clearly define and protect women’s ownership rights, including amendments to the nikahnama to ensure provisions for a wife’s share in marital assets.

It observed that vague contractual terms have limited women’s ability to claim their rights and emphasised the need for clearer legal safeguards and enforceable mechanisms.

The judgment also called for the inclusion of education on marital rights at school, college, and university levels to improve awareness among women regarding their legal entitlements.

Referring to column 18 of the nikahnama, the court noted that awareness at the time of marriage can help women secure their rights, adding that legal protections remain ineffective without proper implementation.