MST. FAKHRA JABEEN vs WASIF ALI — 2026 PLD 20 SUPREME-COURT

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MST. FAKHRA JABEEN VS WASIF ALI. S. 5, Sched.---Muslim Family Laws Ordinance (VIII of 1961), S. 5---Dower---Columns Nos. 13 and 16 of Nikahnama---Distinction---Expressions used in Column No. 16 "in lieu of", "whole" and "portion"---Scope---Column 13 is titled 'amount of dower', which is generally construed as referring to dower in the form of amount of cash as being distinct from its other forms and does not refer to nor is construed as the value of the total dower agreed upon by the parties in all its forms because the parties may have intended and agreed to giving dower in its different forms i.e. cash as well as immovable property---Urdu version uses the expression 'raqam', which could be construed as cash only---Likewise, the headings of Columns Nos. 14 and 15 may also be understood as having reference to Column 13 and being distinct from Column 16---It is obvious from a plain reading of the expressions used in the heading of Column No. 16 that it specifically refers to dower in the form of property---Expression 'in lieu' has been used in the context of the 'whole' or any 'portion' of the dower---Dower may only be agreed in the form of property and, therefore, it would amount to giving such a property in lieu of the whole dower, however, the property may also be agreed as portion of the whole dower and in such an eventuality it has been intended to be given in addition to dower in some other form e.g. cash---Expression 'in lieu' has definitely not been used with reference to the amount of dower recorded in Column 13 as has been erroneously construed by the High Court---Column 16 further requires the recording of 'specification' and 'valuation' of the property agreed between the parties as dower, which further highlights that the column is specifically meant for recording the dower in the form of property, whether agreed upon to be part or whole of the dower.

MST. FAKHRA JABEEN vs WASIF ALI — 2026 PLD 20 SUPREME-COURT

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