The Shariat Appellate Bench of the Supreme Court on Thursday appointed former head of the Research Department of the Council of Islamic Ideology Dr Inamullah and senior advocate Dr Babar Awan as amici curiae in an important case concerning whether a woman seeking khula can be required to return half of her haq mehr (dower).
A five-member bench headed by Justice Jamal Khan Mandokhail heard the case and adjourned further proceedings until after the summer vacations.
During the hearing, Justice Malik Shehzad Ahmad observed that the central question was whether a woman seeking khula could legally be compelled to forgo her dower. He noted that the Federal Shariat Court had already held that a mandatory requirement for a woman to return half of her dower could not be imposed, while the Holy Quran also provides that a woman may secure separation by giving some compensation where necessary.
Justice Jamal Khan Mandokhail remarked that under a Punjab law, a woman obtaining khula is required to return 50 per cent of the dower, but the Federal Shariat Court had struck down that provision.
Dr Babar Awan argued that the Urdu word “kuch” (some) could also imply a part, making judicial interpretation of the term necessary. Justice Mandokhail asked whether any standard could be laid down for interpreting the word, while Justice Dr Khalid Masood observed that the court would also have to examine how the term had been interpreted in the Holy Quran. Justice Malik Shehzad Ahmad remarked that exploitation could occur on both sides, adding that in some cases women married wealthy individuals and sought khula after a short period.
During the proceedings, the court also asked the Additional Advocate General Punjab about the provincial government’s position. He informed the bench that the authorities had directed that instructions be prepared after obtaining the opinion of religious scholars. The court subsequently adjourned the hearing until after the summer recess.