Federal Shariat Court Rules That Muslim Women Seeking Khula Must Return Haq Mehr

Federal Shariat Court Rules That Muslim Women Seeking Khula Must Return Haq Mehr

haq mehr

The Federal Shariat Court in its ruling has directed the Muslim women who seek khula (divorce) from their husbands to return Haq Mehr they received from their spouses at the time of their union.

The verdict released on Saturday was announced by FSC Chief Justice Muhammad Noor Kanzai, Justice Dr. Syed Muhammad Anwar, and Justice Khadim Hussain M Sheikh on Feb 17. Haq Mehr is an obligatory payment in the form of cash or other valuables which a man makes directly to his wife at the time of their wedding.

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In its ruling, the Shariah Court while declaring the 2015 amendments namely Section X and Sub Sections V and VI to the 1964 Family Law null and void has directed the women to give back Haq Mehr to their husbands from whom they want a divorce on the basis of Khula.

The Islamic court has further stated if a man leaves his wife, he is supposed to pay her Haq Mehr.

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Before the introduction of the 2015 Amended Section X, Sub Sections V, VI, a woman used to return 25% of Mehr Muajjal and under Sec VI she would leave 50% of Ghair Muajjal Mehr to her husband. But now the FSC has ruled that a Khula-seeking woman should forego all of her Haq Mehr. And this rule will become applicable from May 1, 2022, it said.

A Mehr which is paid immediately by the husband to his wife is called Muajjal and Mehr which is postponed is called Ghair Muajjal.

Petition filed by four men

The court gave this verdict after hearing petitions filed by four men who were nagged by their ex-wives. They had got Khula and were obtaining degrees against them in order to get Haq Mehr, reports Business Recorder.

Image: File

The FSC elaborated that in all cases which will land in civil family courts after May 1, 2022, this ruling will be applied to them.

In related news, the Lahore High Court ruled that the union of husband and wife in an irregular marriage, without observing the period of iddat, may have repercussions under Islamic law, but it cannot be considered illegal.

For a valid marriage, it is necessary that there should be no legal prohibition affecting the capacity of the parties to marry. A marriage that is short of a valid marriage will be termed an invalid marriage.

Read More: 90-Year-Old Goes To Supreme Court Over Not Being Given ‘Haq Mehr’ Even After 75 Years Of Marriage

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