Photo: Collected
The High Court has delivered a historic verdict that the dower left unpaid at the time of marriage must be paid by the husband immediately as soon as the wife later demands it. As a result, the wife will no longer have to wait for events such as divorce or the husband’s death to get this dower.
The single High Court bench of Justice Abdur Rahman gave this landmark observation and verdict while disposing of a civil revision case concerning dower. The full text of the verdict was formally published on the Supreme Court website on Tuesday.
In the observation of the full verdict, the court said that if any husband, despite having the financial ability, unnecessarily dawdles or delays in paying the dower and forces the wife to go to court to realise it, the trial court concerned will be able to order the husband to pay appropriate compensation to the wife in addition to the original dower.
The High Court further made it clear that no court has the legal jurisdiction to lessen, reduce or waive any part of the dower under any circumstances in clear deviation from the civil contract or the law.
It may be mentioned that although the existing Muslim Marriages and Divorces (Registration) Rules mention deferred dower, there was no clear legal explanation as to exactly when or at what time it has to be paid. As a result, a misconception had developed in society that deferred dower can be claimed only after divorce or the husband’s death. This order of the High Court has put an end to that long-standing legal ambiguity and tangle.
Quoting relevant verses from various surahs of the Holy Quran in the verdict, the court mentioned that Islam has kept no scope for leaving the dower aside or keeping it unpaid; rather, it is the wife’s immediate and inalienable due right.
The lawyer in the case, Barrister Ishrat Hasan, termed the verdict a unique milestone in the country’s legal arena and in the protection of women’s rights. She said that through this verdict, the path of women’s long-standing deprivation in realising deferred dower has been closed. No husband will be able to make excuses any more about paying the dower despite having the financial ability. The verdict will remain a major precedent in the country’s judicial history in ensuring women’s social and financial security.
