The Supreme Court of Pakistan has issued a landmark verdict challenging the longstanding cultural norm of male dominance in determining terms and conditions on behalf of brides. In a 10-page judgment led by Justices Aminud Din Khan and Athar Minallah, the court emphasized the need to empower brides in negotiating Nikahnama terms to ensure free consent and fairness.
The ruling, prompted by a case concerning a bride’s entitlement to a plot mentioned in the Nikahnama, underscores the significance of informed consent and equitable representation. Rejecting the notion of unilateral decision-making by male members, the court asserted that brides must have the freedom to negotiate and settle terms, guided by an understanding of their rights.
Highlighting a previous Lahore High Court ruling favoring a woman named Huma Saeed, the Supreme Court reaffirmed the importance of upholding brides’ rights in marital contracts. Justice Athar Minallah emphasized the need for courts to interpret Nikahnama terms in favor of the bride, particularly in cases of ambiguity or lack of informed consent.
The verdict underscores the mutual nature of the Nikahnama contract and emphasizes the intention of both parties. Moving forward, this judgment sets a precedent for ensuring gender equality and fairness in marital agreements, safeguarding the rights of brides across Pakistan.
