The Supreme Court of Pakistan has ruled that a marriage can be dissolved on the ground of shiqaq, meaning serious and continuing marital discord, even when cruelty is not proven. The ruling was issued by a five-member bench headed by Justice Shahid Waheed in cases involving Zainab Bibi and Iram Naz Begum.
In both cases, the women had sought dissolution of marriage on grounds of cruelty. The family courts found that cruelty had not been proven but granted khula and ordered the women to return their dower.
The Supreme Court said courts cannot convert a woman’s legal claim into khula without her clear and voluntary consent. It held that where reconciliation has failed and the marriage has reached a serious and lasting breakdown, it may be dissolved on the basis of shiqaq under Section 2(ix) of the Dissolution of Muslim Marriages Act, 1939.
The court also ruled that women cannot be forced to surrender their dower simply because their marriage is dissolved. It clarified that ordinary disagreements or temporary disputes do not automatically amount to shiqaq.
