learnedutoday
The Supreme Court of Pakistan has delivered a significant ruling, acknowledging the prevalent practice of male family members determining the terms of Nikah (marriage contract) on behalf of the bride. However, the court noted that this practice, although accepted as a cultural norm, places the bride at a disadvantage in later stages of the marriage.
The ruling was issued by a two-member bench of the Supreme Court, comprising Justices Aminud Din Khan and Athar Minallah, in a case regarding the entitlement of a plot mentioned in the Nikahnama.
The case originated from a decision by the Lahore High Court in favor of Huma Saeed, who had married Mohammad Yousaf in May 2014. Yousaf, who divorced his wife in October 2014, challenged the decision in the Supreme Court, arguing that the plot mentioned in column 17 of the Nikahnama should not be considered part of the dower or gift.
Column 17, titled ‘special conditions’, was argued to be distinct from other columns specifically designated for settling the terms of the dower. However, the judgment authored by Justice Minallah stated that a plain reading of the description of the property in column 17 did not support Yousaf’s stance.
The Supreme Court deliberated on how to interpret the terms and conditions of a Nikahnama in cases of doubt and ambiguity. It emphasized the importance of the bride’s informed understanding of her rights and the necessity for her freedom to negotiate and settle the terms.
The court expressed concern over societal norms where male family members dominate decision-making on behalf of the bride, which places her in a disadvantaged position and affects her ability to freely consent to the contract.
In interpreting the contents of a Nikahnama, the court stressed the need to consider the free consent of the bride and her freedom to settle the terms and conditions. It ruled that in cases of ambiguity, the benefit should lean towards the wife, especially if it is established that she was not informed of her rights at the time of the Nikah.
Ultimately, the Supreme Court dismissed Yousaf’s appeal, affirming the Lahore High Court’s interpretation of the Nikahnama.
Haseeb Abdullah
