CASE TITLE AMBREEN AKRAM vs ASAD ULLAH KHAN Relevant sections — 2026 SCMR 1 SUPREME-COURT

Case information

Citation: 2026 SCMR 1 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2026
Reporter: SCMR
Parties: CASE TITLE AMBREEN AKRAM vs ASAD ULLAH KHAN Relevant sections
Subject matter: Family
Provisions referred to: S. 5; Muslim Family Laws Ordinance (VIII of 1961); Muslim Family Laws Ordinance

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Judgment text as reported

CASE TITLE AMBREEN AKRAM VS ASAD ULLAH KHAN Relevant sections... S.5, Sched.---Muslim Family Laws Ordinance (VIII of 1961), S.5 Full case summary... 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, without any sort of ambiguity. 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. These elements align with the statutory requirements for a valid civil contract and marriage is now established under our jurisprudence to be a solemn civil contract ('aqd'). In Pakistan, every marriage solemnized under Muslim law must be registered under the Muslim Family Laws Ordinance, 1961 and the Nikahnama serves as the principal documentary proof. While marriage under Islamic law is indeed a civil contract, it is far more than a mere legal arrangement; it is the foundation of a deeply personal and moral relationship rooted in mutual respect, compassion, and shared responsibility. The Qur'an describes the marital relationship as one of love (mawaddah) and mercy (rahmah) and enjoins equitable treatment, protection, and financial support as essential obligations.

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