Federal Shariat Court Decision on Khula

In its ruling, the Federal Shariat Court said that Muslim women who want a divorce from their husbands must return the haq more they got from them when they got married. The decision was made on February 17, 2022, by the FSC’s Chief Justice Muhammad Noor Kanzai, Justice Dr. Syed Muhammad Anwar, and Justice Khadim Hussain M. Sheikh. Haq Mehr is a payment that a man must make directly to his wife at the time of their wedding. It can be cash or something else of value. On the other side, Syed Muhammad Imran Bukhari from Multan was the lawyer for the petitioner.

federal shariat court decision on khula

In its decision, the Shariah Court said that Section 10 and Subsections 5 and 6 of the 1964 Family Law, which was changed in 2015, are not valid. It also said that women who want a divorce based on Khula should give their husbands back Haq Mehr. The Islamic court has also said that a man who leaves his wife should pay her the full amount of her dower. Before the 2015 Amendments to Section 10, Subsections 5 and 6, a woman had to give back 25% of Mehr Muajjal and leave 50% of Ghair Muajjal Mehr to her husband under Section VI. But now, the FSC has decided that a woman who wants to become a Khula must give up all of her haq mehr. The statement says that this rule will become law on May 1, 2022. This decision doesn’t affect the cases that are still pending, so it doesn’t affect the past.

Muajjal is the name for a Mehr that is paid right away by the husband to his wife, and Ghair Muajjal is the name for a Mehr that is paid later (deferred). After hearing from four men who had received Khula and were trying to get Haq Mehr by getting degrees against them, the court made this decision. The FSC also said that this decision will be used in all civil family court cases after May 1, 2022. But on October 17, 2022, Justice Abid Hussain Chattha of the High Court Multan Bench ruled that the prescribed upper ceiling for the surrender of dower in Sub-sections (5) and (6) of Section 10 of the Act was against Islam and, as a result, the ceiling would no longer apply as of May 1, 2022. This decision is good enough to be reported.

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