The Supreme Court has determined that while it is customary for male family members to set the terms of Nikah for the bride, this practice places her at a disadvantage as the marriage progresses.
The ruling, issued on Tuesday, came from a two-member bench of the Supreme Court, including Justices Aminud Din Khan and Athar Minallah, in a case regarding a bride’s rights to a property listed in her Nikahnama.
Previously, in 2022, the Lahore High Court ruled in favor of Huma Saeed, who married Mohammad Yousaf in May 2014. Yousaf, who divorced in October 2014, contested the verdict at the Supreme Court, arguing that the plot referenced in column 17 of the Nikahnama should not be considered part of the dower or a gift.
Column 17 is labeled ‘special conditions,’ distinguishing it from other sections designated for dower terms, argued the petitioner.
Yousaf stated before the Supreme Court that the plot was intended for home construction, with his wife to reside there during their marriage. However, Justice Minallah, in a 10-page decision, clarified that the description in column 17 does not support Yousaf’s claim.
The court needed to decide how to interpret ambiguous terms in a Nikahnama. The decision stressed that understanding the bride’s rights at the time of the Nikahnama’s execution is essential for her to freely negotiate and agree upon the terms.
Bride’s consent
Justice Minallah expressed regret over the societal norm of male dominance in matrimonial negotiations, noting it undermines the bride’s ability to freely consent. He emphasized that a Nikahnama is a marital contract between two parties, where the terms should reflect their intentions.
The judgement further noted that titles alone do not suffice to ascertain mutual intentions in a Nikahnama. It underscored the importance of considering the bride’s informed consent and her autonomy in negotiating terms when interpreting these documents.
In case of any ambiguity, the judgement concluded, the interpretation should favor the wife, especially if it was shown that she was uninformed of her rights when the Nikah was signed. The Supreme Court ultimately rejected the husband’s appeal, upholding the Lahore High Court’s interpretation of the Nikahnama.
