Lahore High Court Rules in Favor of Women’s Right to Dower in Khula Cases

Report By Muhammad Furqan

The Lahore High Court has ruled that a woman who seeks divorce through Khula is still legally entitled to receive her full Haq Mehr (dower), reaffirming that the right to financial protection cannot be denied solely based on her initiating the separation.

The verdict came during a hearing of a petition filed by a citizen, Asif Mehmood, who challenged a lower court’s order that directed him to pay Haq Mehr and return dowry items after his wife was granted Khula.

Justice Raheel Kamran Sheikh stated that Haq Mehr serves as a form of security for women and is an essential right in Islamic marital law. The court clarified that if a husband’s misconduct compels a woman to seek divorce, her entitlement to Mehr remains intact.

The judgment emphasized that the concept of dowry is deeply embedded in local culture, and parents often provide it regardless of financial ability. Therefore, the court affirmed a woman’s right to reclaim her dowry and dower if she separates due to abuse or mistreatment.

Quoting from Surah An-Nisa, the court highlighted that Islam discourages husbands from reclaiming gifts or financial assets given to their wives upon marriage.

This landmark ruling reinforces the protection of women’s financial rights in Pakistan’s legal system, particularly in cases of divorce initiated through Khula.