AMBREEN AKRAM vs ASAD ULLAH KHAN — 2026 SCMR 1 SUPREME-COURT

Case information

Citation: 2026 SCMR 1 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2026
Reporter: SCMR
Parties: AMBREEN AKRAM vs ASAD ULLAH KHAN
Subject matter: Family
Provisions referred to: S. 5---M; Muslim Family Laws Ordinance

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

AMBREEN AKRAM VS ASAD ULLAH KHAN. S. 5---Marriage---Essence and meaning---Essentials of a valid marriage---Marriage under Islamic law as a civil contract. Marriage under Islamic law is regarded both as an act of devotion (ibadat) and a social transaction (muamalat). Marriage, like other contracts, requires declaration and acceptance for its constitution and both must be expressed in such a manner as to demonstrate the intention of the parties without any ambiguity. Held: The essential requirements of a valid marriage include offer (ijab) and acceptance (qabul), exchanged either directly or through representatives or guardians, along with free and informed consent of the parties. These requirements are consistent with the statutory requirements for a valid civil contract and marriage has now been established under Pakistani jurisprudence as a solemn civil contract ('aqd'). The Supreme Court observed that the institution of marriage under Islamic law possesses both legal and moral dimensions and cannot be reduced merely to a social arrangement. In Pakistan, every marriage solemnized under Muslim law is required to be registered under the Muslim Family Laws Ordinance, 1961 and the Nikahnama serves as the principal documentary evidence of such marriage. The Court emphasized that the validity of marriage depends upon fulfillment of legal essentials, particularly offer and acceptance and free consent of the parties.

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