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ISLAMABAD: The Federal Shariat Court (FSC) has ruled that Muslim women, who seek Khula (right to divorce) from their husbands, will have to return the Haq Mehr amount they received at the time of marriage.
A three-member bench headed by FSC Chief Justice Muhammad Noor Meskanzai and consisting of Justice Dr Syed Muhammad Anwar and Justice Khadim Hussain Sheikh issued the ruling on the petitions filed by four men against their former wives.
Haq Mehr is an obligatory payment in the form of cash or other valuables by a man to his wife at the time of their marriage. A Mehr which is paid immediately by the husband to his wife is called Muajjal and Mehr which is postponed is called Ghair Muajjal.
The Sharia court has nullified the 2015 amendments namely Section X and Sub Sections V and VI to the 1964 Family Law, directing women to return complete amount of Haq Mehr to their spouses after Khula. The Islamic court has further stated if a man leaves his wife, he is supposed to pay her Haq Mehr.
The court gave this verdict after hearing petitions filed by four men against their former wives against the payment of Haq Mehar. The FSC verdict will be applicable to all cases of family court from May 1, 2022.
