The Supreme Court’s Shariat Appellate Bench has appointed two legal experts to assist it in deciding an important case concerning whether a woman seeking khula can be required to return half of her haq mehr (dower).
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A five-member bench headed by Justice Jamal Mandokhail appointed former head of the Council of Islamic Ideology’s research department Dr Inamullah and senior lawyer Dr Babar Awan as amicus curiae (court assistants) to provide guidance on key religious and legal questions. The court adjourned further proceedings until after the summer vacation.
During the hearing, Justice Malik Shehzad Ahmed observed that the central issue was whether any legal restriction could be imposed requiring a woman to forgo or return part of her dower when obtaining khula.
He noted that the Federal Shariat Court had previously ruled that a woman could not be compelled to return half of her dower. At the same time, he pointed out that the Holy Quran refers to a woman giving “something” in exchange for obtaining separation, making the interpretation of that provision a key issue in the case.
Justice Jamal Mandokhail remarked that a Punjab law had earlier required women seeking khula to return 50 per cent of their dower, but that provision had subsequently been struck down by the Federal Shariat Court.
Dr Babar Awan argued that judicial clarification was needed regarding the Quranic term “something”, saying its legal interpretation would be crucial in determining the extent of any financial obligation. Justice Dr Khalid Masood observed that various Quranic commentaries would also need to be examined before reaching a conclusion.
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Awan further contended that many women are exploited through demands for partial or full repayment of dower during khula proceedings. Justice Malik Shehzad Ahmed responded that exploitation could occur on both sides, noting that some individuals also misuse marriage and khula for financial gain.
The bench also sought the Punjab government’s position before adjourning the matter until after the court’s summer recess.