Supreme Court Examines Khula Dower Rule, Hearing Deferred After Key Legal Appointments

The Supreme Court’s Shariat Appellate Bench on Wednesday heard a case examining whether a woman seeking khula dower return can be required to return half of her dower (haq mehr). The five-member bench, headed by Justice Jamal Khan Mandokhail, appointed two senior legal experts as amici curiae before adjourning proceedings until after the court’s summer recess.

Former Islamic Ideology Council research head Dr Inamullah and senior advocate Dr Babar Awan were appointed as court-appointed assistants to help the bench on legal and Islamic jurisprudence issues raised in the case.

Bench Examines Interpretation of Islamic Law

During the hearing, Justice Shahzad Malik questioned whether any legal restriction could be imposed requiring a woman to forfeit part of her dower when obtaining khula.

The bench discussed the Federal Shariat Court’s earlier ruling that struck down a Punjab law requiring women seeking khula to return 50% of their dower. Justice Mandokhail noted that while the Punjab law imposed such a requirement, the Federal Shariat Court had declared the provision invalid.

Court Seeks Clarity on Quranic Interpretation

Dr Babar Awan argued that the interpretation of the term “something” in the relevant Quranic verse requires judicial clarification, saying the issue has led to disputes over whether women should return part or all of the dower.

Justice Dr Khalid Masood observed that the court would also need to examine how the relevant Quranic text has been interpreted by Islamic scholars before reaching a conclusion.

Justice Shahzad Malik remarked that exploitation can occur on both sides in marital disputes, noting that the court’s role is to determine the correct legal principle.

Punjab Government Asked for Position

The court asked the Punjab government’s representative whether instructions had been issued on the matter. The Additional Advocate General informed the bench that provincial authorities had sought guidance from religious scholars before submitting their position.

Following preliminary arguments, the Shariat Appellate Bench adjourned further proceedings until after the summer vacations.

Also Read: Defending Pakistan with Prophetic Guidance