ISLAMABAD: The Supreme Court of Pakistan has ruled that dowry and gifts given to the bride are her unconditional property. This means that these items remain completely hers, even after a divorce.
In a seven-page decision authored by Justice Mansoor Ali Shah, the court clarified that neither the husband nor his relatives can make any claims on the bride’s dowry or gifts. Only items that have been given directly to the bride can be reclaimed through the court.
Additionally, the court specified that any gifts given to the groom or his family will not be classified as dowry. Instead, items given by the bride’s family, as well as those from the husband or his family, will also belong to the bride.
The ruling makes it clear that while it does not endorse the practice of dowry, it mandates the right of mahr (a marital gift) per Islamic teachings. The court highlighted that the social custom of dowry often leads to exploitation, oppression, and discrimination against women.
This ruling came in response to an appeal from Muhammad Sajid, who sought to reduce the dowry and non-mahr issues following his divorce from Shamsa Asghar. The court rejected his appeal and upheld the decision of the Lahore High Court. To facilitate access to the ruling, a QR code has been issued along with the decision.
Overall, this ruling not only strengthens women’s legal rights but also represents a significant step towards social justice.
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