Pakistan’s Supreme Court has ruled that dower, commonly known as Haq Mehr, is a legally enforceable financial right of the wife and should not be viewed as the “price” of a wife.
The court emphasized the legal importance of the financial commitment recorded as dower in the Nikahnama.
The court stated that if property promised as dower cannot be transferred, the husband is required to pay its agreed value.
Where no value has been specified in the Nikahnama, courts may determine the value based on admissible evidence and the circumstances of the case.
The Supreme Court also stressed that entries in the Nikahnama carry legal significance and should be properly explained to both spouses before they sign.
The ruling highlights the importance of clearly recording dower terms and ensuring both parties understand their rights and obligations under the marriage contract.
