Islamabad: In a landmark ruling that could reshape marital rights for women across Pakistan, the Supreme Court has affirmed a wife’s unbridled right to seek ‘khula’— an Islamic provision allowing her to dissolve a marriage unilaterally — without needing her husband’s consent, even in cases of exploitation.
The decision, delivered on Friday by a bench comprising Justices Ayesha A Malik and Naeem Afghan, overturns a Peshawar High Court (PHC) verdict and restores a family court’s earlier order in favour of the petitioner.
The case stemmed from a woman’s plea challenging the PHC’s dismissal of her khula application, which had hinged on the husband’s approval and failed reconciliation attempts. Citing mental and physical abuse as grounds for separation, she invoked her constitutional protections under Articles 14, 25, and 35 — guaranteeing dignity, equality before the law, and family safeguards.
The highest court strongly stated that khula is a woman’s right to choose, and she doesn’t need her husband’s permission or a judge’s approval to leave an abusive marriage.
Notably, the ruling preserves the woman’s entitlement to her mehr— a nuptial gift of gold, cash, or property — rejecting any forfeiture. Justice Malik uploaded the judgement on the court’s website, underscoring its progressive thrust amid ongoing debates on gender justice in Islamic jurisprudence.
Khula, distinct from talaq (husband-initiated divorce), empowers wives to proactively end marriages, often by forgoing mehr, but this verdict liberates them from such concessions in exploitative scenarios. Women’s rights advocates hail it as a beacon for countless silenced voices, potentially curbing domestic violence by easing escape routes.
As Pakistan grapples with patriarchal norms, this edict signals a judiciary committed to equitable reform.