A Critical Analysis of the Legal Difficulties in Pakistan's Dower Rights Enforcement

Abstract

A crucial component of Islamic marriage is dower, or mahr, which gives the wife both material and symbolic protection. Although dower is acknowledged in Pakistan by both Islamic law and statutory legislation, such as the West Pakistan Family Courts Act of 1964 and the Muslim Family Laws Ordinance of 1961, there are several obstacles to overcome in its actual application. Through an analysis of important case laws and statutory requirements, this study investigates contemporary dower concerns in Pakistan. The mismatch between statutory interpretation and judicial application specifically, with regard to enforceability, women's rights in recovery procedures, and prompt and postponed dower is the main research gap that has been highlighted. While courts typically support women's right to demand dower, there are still discrepancies in deciding whether dower is payable on demand or depending on divorce or death, according to the study's doctrinal legal analysis of Supreme Court and High Court rulings. The report also emphasizes the lack of appropriate enforcement mechanisms and consistent criteria for calculating dower in modern socioeconomic circumstances. In order to bring dower-related regulations into line with both Islamic jurisprudence and contemporary gender justice, the findings point to the urgent need for statutory reform and judicial standardization. According to the article's conclusion, Pakistani women's marriage rights would be safeguarded and legal certainty would be increased by codifying judicial principles and providing clearer statutory guidance.