SC says freedom of consent in Nikahnama crucial for women - A landmark ruling

[FearlessRoar]

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.

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.

SC says freedom of consent in nikah nama crucial for women

The judgement says ambiguity cannot be used against a wife

english.aaj.tv

What are your thoughts on this landmark ruling of SC?

 

[The Bald Eagle]

Appears to be a good judgement. Much needed for women rights in Pakistan.

 

[The Bald Eagle]

Taking on a second wife for the sake of a child is an act of cruelty: Sher Afzal Marwat

Lawyer recalled how he refused to bring a second woman into his marriage just for the sake of the coveted male child

In a recent interview with host Nadir Ali, lawyer and politician Sher Afzal Marwat revealed how he refused to take on a second wife just for the sake of producing a son, as was expected of him by his family.

“In 2007, my wife told me I should marry again,” he began. “My son had not been born at the time, and we had already been married for about 5 or 6 years. My father was still alive back then, and taking on a second wife [to have a son] was the norm [in our family]."

However, Marwat recalled that after devoting some time mulling over the matter, he was compelled to tell his wife that he could not go through with it. “I thought about it for some time, and then told her that I couldn’t put her through such pain,” he said.

In a show of standing up for women, Marwat explained the reason behind his unconventional decision in his traditional family setup. “My wife was very serious when she suggested I get a second wife [who could bear me a son], but I don’t think you should ever do that to a woman.”

Marwat added that to commit to such an act would be deeply cruel to any woman who had left everything behind just to be with her husband and his family. “I couldn’t bring another woman into our lives just to have a child,” he stated. “Like everyone else, a woman has just one life. She has basically burned everything in her life just to start a new life with you.”

Source: The Express Tribune

 

[Cricket Warrior]

will this one would be implemented in KPK too?