THE Supreme Court recently issued a verdict advocating equal rights in marriage. The verdict originated from an appeal filed by a divorced couple opposing the dower provisions in the nikahnama. The female petitioner had challenged an earlier Lahore High Court judgement, which maintained that entries in the nikahnama be interpreted in the groom’s favour as he bears the weight of the obligations in the contract. The apex court ordered the government to ensure that the nikahnama is made easier to understand, with knowledgeable and upright registrars, underscoring protection for the rights of “the parties in general, and the women in particular”. It also stressed that fewer ambiguities in the document would reduce disputes arising from the fact that the wife is rarely fully cognisant of her privileges at the time of marriage and the balance of power favours the man.
The marriage contract impacts more than the personal. It covers dower, maintenance, inheritance and an individual’s status in key documents. For rights and justice to prevail, interaction between convention and modernity should shape the certificate so that the odds are not stacked against the vulnerable partner. This will pave the way for medical tests necessary before a marriage is formalised to reduce the number of births of infants with disabilities. There is a dire need to inform women, through regular educational initiatives, about not just their claims, but also the clauses that grant them the right to divorce. Moreover, as nikah registrars are central to the implementation of marriage contracts, they must be subject to greater accountability to prevent exploitation. Only legal reforms can guarantee that provisions included to secure women are honoured, and not changed or removed without her approval. Additionally, deciding on the conditions of the nikah should not be the exclusive domain of the men of the family. In the modern age, primitive attitudes that insulate women must be confronted with force.
(Editorial) Published in Dawn, June 30th, 2025
