The Supreme Court of Pakistan has issued a major ruling in favor of Muslim women, particularly concerning the conditions outlined in marriage contracts. The court stated that traditionally, the conditions of marriage contracts are determined by the husband and his family, which the wife ultimately accepts. However, over the years following marriage, this becomes disadvantageous for her. This discrepancy is blatantly unfair to the bride’s side.
Decision Favors Huma Syed
In a decision in favor of Huma Syed, the two-member bench of the Supreme Court, comprising Justice Aminuddin Khan and Athar Minallah, emphasized the necessity for the consent of the bride and her family in marriage contracts. This ruling stems from a case dating back to 2022, where Lahore High Court had ruled in favor of Huma Syed. Her marriage to Mohammad Yusuf occurred in May 2014 and ended in divorce in October 2014. Following this, the matter reached the High Court, which ordered the registration of a portion of the property in column 17 of the marriage certificate.
Consent of Both Parties Essential in Marriage Contracts
After the decision of the Pakistan High Court, Yusuf approached the Supreme Court, citing column 17 of the marriage certificate. It was stated that the plot was for building a house and that my wife could stay there until our marriage remained intact. Justice Minallah, in his 10-page judgment, stated that what is written in column 17 does not correspond to your statement. Therefore, the question arises as to how the conditions of the marriage contract should be treated. Justice Minallah emphasized the importance of obtaining the consent of the bride’s side while preparing the marriage certificate.
Marriage Contract: A Mutual Agreement
Justice Minallah noted that due to societal norms and a male-dominated society, women have to bear the brunt. The bench stated that the marriage contract is a marriage contract between two parties. Its terms should be prepared with the consent of both parties. If any ambiguity arises in the marriage certificates, it should benefit the wife.
