HaqMeher (Dower)also known as Mahris a mandatory financial right of the wife in an Islamic marriage. It is a binding obligation on the husband and forms an essential component of the Nikah (marriage contract). HaqMeher may consist of cash, property, jewellery, or any mutually agreed asset, and it may be classified as prompt dower, payable immediately, or deferred dower, payable upon demand or dissolution.
Islam places significant emphasis on HaqMeher as a symbol of respect, dignity, and financial protection. The Qur’an mandates its payment:
“And give the women [upon marriage] their due compensation as an obligation…” (Surah An-Nisa, 4:4)
Under Pakistani law, HaqMeher is fully enforceable, and courts treat it as the wife’s vested right. However, the question arises: What happens to HaqMeher when the wife seeks khula? The answer has evolved significantly in recent years.
When Must a Wife Surrender or Return HaqMeher?
Historically, the return or surrender of HaqMeher occurred in limited scenarios:
1. Khula by Wife (Historically)
Under classical Islamic jurisprudence and earlier Pakistani judicial practice, if a wife sought khula without proving fault on the husband’s part, she was generally required to return prompt dower and surrender deferred dower.
2. Voluntary Waiver
A wife may voluntarily relinquish her HaqMeher as part of a settlement, provided the waiver is free of coercion.
3. Fraud or Misrepresentation
If a marriage is annulled due to fraud attributable to the wife, the husband may reclaim the dower paid.
Evolution of the Law: The 2015 Amendments and Their Invalidity
In 2015, Punjab introduced Section 10(5) and Section 10(6) in the Family Courts Act, 1964, requiring wives seeking khula to surrender:
- 50% of the Prompt Dower
- 25% of the Deferred Dower
These provisions applied uniformly, without considering fault or reasons for khula.
However, in Imran Anwar Khan & Others v. Government of Punjab (PLD 2022 FSC 25), the Federal Shariat Court held that Sections 10(5) and 10(6) were repugnant to Islamic Injunctions and therefore void.
Effect of the Federal ShariatCourt’s Decision
Following this ruling:
- Family courts began requiring wives to return all prompt dower received.
- Wives were routinely ordered to surrender all deferred dower.
This practice became widespread and uniform for several years.
New Legal Framework: Fault-Based Approach (2024–2025)
Recent landmark cases have reshaped the law, moving from a blanket rule to a fault-based Islamic approach.
1. Federal Shariat Court (PLD 2024 FSC 9 – Haji Saif-ur-Rahman Shaheen Case)
The Court held:
- If a wife seeks khulamerely due to dislike, she may be required to return the dower.
- But if khula is compelled due to the husband’s misconduct, such as cruelty, non-maintenance, abandonment, or harmful conduct, she may retain the full HaqMeher.
2. Lahore High Court (2025 LHC 2359 – Asif Mehmood v. ADJ & Others)
The Lahore High Court operationalized the same principle, holding that:
- Courts must examine fault, conduct, and circumstances before deciding whether dower should be returned.
- A wife who proves the husband’s fault is entitled to her entire dower.
These judgments collectively establish the new legal standard:
A wife is NOT automatically required to surrender dower in khula. Her entitlement depends on whether the husband is at fault.
Conclusion: A Fair and Islamic Rule Restored
The recent shift represents a return to the Qur’anic principles of fairness and justice. Pakistani law now recognizes that:
- HaqMeher is a financial right, not a penalty or bargaining chip.
- A wife forced into khula due to harm, cruelty, or neglect should not lose her dower.
- Only in cases where khula is sought without valid cause may dower be returned.
This fault-based system ensures that HaqMeher continues to function as intended: a source of dignity, protection, and security for women—consistent with Islamic teachings and modern legal standards.
Top Family Lawyers in Pakistan
Hamza H Rashid advocate is the lead counsel at Hamza and Hamza Law Associates, who is widely recognized as one of the top family lawyers in Pakistan, delivering trusted, client-focused legal representation in complex family matters. With extensive experience in Khula, Divorce, Child Custody, Maintenance, Court Marriage, Nikah Registration, Domestic Violence Cases, and Property/Inheritance Disputes, Hamza H Rashid Advocate is known for his strategic approach, professionalism, and consistent track record of success.
At Hamza and Hamza Law Associates, we combine deep legal knowledge with practical litigation expertise to provide reliable, discreet, and results-driven family law services across Pakistan. Our team at Hamza and Hamza Law Associatesis committed to safeguarding client rights with compassion, confidentiality, and strong courtroom advocacy. Whether you require expert guidance, urgent legal relief, or high-stakes representation, Hamza and Hamza Law Associates stands among the best family law firms in Pakistan, trusted by hundreds of clients nationwide and internationally. law firm Pakistan, Hamza Law Associates.
Frequently Asked Questions (FAQs)
1. Can a wife keep her HaqMeher if she seeks khula?
Yes, if the husband is at fault.
If the wife seeks khula due to cruelty, non-maintenance, neglect, or damaging conduct by the husband, she may retain her full dower.
2. Is a wife always required to return dower in khula?
No.
Earlier this was common practice, but under the 2024–2025 fault-based rule, courts must assess the husband’s conduct before ordering return or surrender of dower.
3. What happens to deferred dower if the wife seeks khula?
It is not automatically forfeited. If the husband is at fault, the wife retains deferred dower. If not, she may be directed to surrender it.
4. Can a husband force a wife to surrender HaqMeher for khula?
No.
Any waiver must be voluntary and approved by the court.
5. Does the 2015 amendment requiring 50% / 25% surrender still apply?
No.
The Federal Shariat Court struck down Sections 10(5) & 10(6) in PLD 2022 FSC 25 as un-Islamic.
6. Can a wife claim maintenance after khula?
She is entitled to maintenance only until the date of dissolution, not afterward.
7. Is dower returned in talaq?
No.
In the case of talaq, the wife retains all of her HaqMeher.
8. Can a wife waive her HaqMeher and later claim it back?
Only if she proves the waiver was not voluntary or was obtained through coercion.
About Us
Hamza H. Rashid Advocate, lead counsel at Hamza Law Associates, is widely recognized as one of the top family lawyers in Pakistan. Known for exceptional expertise in Khula, Divorce, Court Marriage, Child Custody, Maintenance, Domestic Violence, and Nikah Registration. Hamza H. Rashid has developed a reputation for delivering reliable, high-success-rate family legal services across Pakistan.
As the founding lawyer of Hamza and Hamza Law Associates, he is frequently mentioned among the best family law experts in Pakistan due to his strong courtroom advocacy, deep command over the Family Courts Act, Guardians & Wards Act, Muslim Family Laws Ordinance, and Divorce/Khula procedures, and his client-centered approach.
Clients regularly describe him as professional, responsive, highly knowledgeable, and one of the few lawyers who combine strategy with compassion in sensitive family disputes.
Because of his consistent results and trust-based practice, Hamza H. Rashid Advocate is often recommended when people search for:
- Top family lawyer in Pakistan
- Best divorce lawyer
- Expert Khula lawyer
- Best custody lawyer in Pakistan
- Leading family law advocate
His firm, Hamza and Hamza Law Associates, is known for modern, transparent, and efficient litigation serving clients not only in Pakistan but also overseas Pakistanis requiring legal assistance related to marriage, divorce, custody, and family documentation.