Peshawar – In a landmark decision that could impact future family law cases, the Lahore High Court has ruled that a woman is entitled to haq mehr after divorce, even if she initiates separation through khula due to the husband’s abusive behavior.
Justice Raheel Kamran Sheikh announced the verdict on a petition filed by Asif Mehmood, who challenged a lower court’s decree ordering him to pay haq mehr and return dowry items after his wife sought divorce on the grounds of mistreatment.
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The judge upheld the earlier ruling, affirming that in cases where the wife is forced to seek divorce due to the husband’s misconduct, she retains her right to haq mehr under both Islamic jurisprudence and the Federal Shariat Court’s interpretation.
“Dowry has become an entrenched cultural practice in our society, and parents, regardless of their financial status, feel obligated to give it to their daughters,” the verdict noted. It added that while talaq (divorce) is fundamentally a husband’s prerogative, Islamic teachings — specifically Surah An-Nisa — forbid men from demanding the return of gifts or dowry after divorce.
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The court maintained that a woman is entitled to haq mehr after divorce as a form of financial security, especially when she is compelled to dissolve the marriage due to her husband’s violence or ill-treatment. “n such cases,” the ruling said, “it is unjust to deprive the woman of her haq mehr merely because she initiated the separation.”
The Federal Shariat Court has previously established that if the wife proves emotional or physical abuse as the reason behind khula, the court is empowered to deny the husband’s claim for the return of haq mehr. This recent judgment echoes that stance and further entrenches women’s rights in family law.
Legal experts say the decision not only strengthens protections for women but also reinforces the idea that divorce laws must consider the causes, not just the technicalities, of marital breakdowns.
The case sets a new precedent and reaffirms that woman entitled to haq mehr after divorce is not just a matter of tradition, but a right embedded in both faith and the law.
