The Supreme Court of Pakistan has issued a landmark ruling affirming the rights of brides in regards to the terms and conditions stipulated within the nikah nama, the Islamic marriage contract. The court emphasized that brides must have complete freedom to express their consent before finalizing the terms of the marriage contract.

The case centered around a dispute over a plot of land mentioned in the nikah nama. The two-member bench, comprising Justice Aminuddin Khan and Justice Athar Minallah, ruled in favor of the bride, Huma Saeed, who had been divorced by her husband, Muhammad Yousaf, in 2014.

Yousaf had challenged a Lahore High Court decision granting Saeed the rights to the plot, arguing that it was not intended as a dower or gift.

The Supreme Court’s detailed judgment, authored by Justice Athar Minallah, clarifies several crucial points.

The judgement said that any ambiguity or doubt regarding the terms and conditions of the nikah nama will be interpreted in favor of the wife.

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Justice Minallah also wrote that if the nikah nama’s columns are filled without the bride’s meaningful consultation, they cannot be used against her interests or rights.

Courts must consider whether the bride had complete freedom to express her consent before finalizing the terms of the nikah nama, the judgement added.

It added that ambiguity cannot be used against the wife unless examined under the principle of balance of probabilities.

This ruling sets a significant precedent for protecting the rights of women in marriage contracts and ensuring their informed consent.

It emphasizes the importance of clear and unambiguous language within the nikah nama and reinforces the principle that any doubts should be resolved in favor of the bride.