IHC for framing of legislation to protect women’s financial rights

ISLAMABAD: The Islamabad High Court (IHC) has recommended that the federal government should initiate proper legislation to recognise the rights of housewives to an equitable share in assets acquired, created, or purchased during the course of a marriage.

A single bench of the IHC comprising Justice Mohsin Akhtar Kayani made the recommendations while deciding a petition filed by Amara Waqar, a former officer of the Pakistan Air Force.

The court also suggested that the marriage form, i.e. Nikah Nama, in terms of the Muslim Family Laws Ordinance, 1961, may be amended and a column be created in the Nikah form, and the same should be filled by the wife.

In a 28-page judgement, Justice Kayani wrote that this court considered it imperative to observe that the protection and effective enforcement of women’s rights require serious legislative attention. Women constitute nearly half of the population of the country, and their constitutional and legal safeguards must be meaningfully advanced through appropriate legislative and policy measures.

In the verdict, the court recommended, “Every wife who has cohabited with her husband during the subsistence of marriage shall be deemed to have contributed, through domestic labour, childcare and household management, to the establishment and maintenance of the matrimonial home and the welfare of the family. Accordingly, all assets acquired during the subsistence of the marriage — whether movable or immovable, and irrespective of the name in which they stand — shall, subject to law, be liable to equitable distribution between the spouses.”

“The Government of Pakistan is recommended to initiate appropriate legislation recognizing the rights of a homemaker wife to an equitable share, in the assets created, purchased, or otherwise acquired during the subsistence of the marriage. Such legislation should expressly declare and protect these proprietary rights,” added the court.

It further, “In the case of a working wife who earns income through employment, profession, or business, the law shall ensure enhanced protection of her financial and proprietary rights in respect of all household assets and matrimonial property, including assets acquired by the husband in his sole name during the subsistence of the marriage.”

Consequently, the bench said that it is appropriate to recommend that the Government of Pakistan should consider initiating comprehensive legislation and placing the same before Parliament for enactment. It added that such legislative measures should take into account the interests of women, who constitute nearly half of the country’s population and represent a vital segment of the nation’s future. The protection and effective enforcement of their rights would significantly contribute to the development of a more just and progressive society.

Justice Kayani also said that the marriage form i.e. Nikah Nama in terms of Muslim Family Laws Ordinance, 1961, may be amended and a column be created in the Nikah form, and the same should be filled by the wife with the condition that any property owned by husband after marriage shall be equally divided with the wife during the subsistence of marriage or post-divorce or in case of death of husband.

He also said that, as such, this condition will protect and materially confirm the property rights of a wife in Pakistan as an alternate route without any legislation. In this regard, every girl child at school, college, and university level shall be educated accordingly with their matrimonial rights and they may refer their rights in column No. 18 of the Nikah Nama in the present form in a similar manner, and such terms are enforceable by law in every aspect considering the constitutional mandate and protection provided in CEDAW which has been ratified by Pakistan.

In the verdict, the judge mentioned a comparative jurisprudence from Malaysia, Indonesia, Turkey, and the United Kingdom, and the court argued that marriage must be recognized as an economic partnership.

The verdict also cited Quranic injunctions from Surah Al-Baqarah and Surah Al-Ahzab, asserting that Islamic law does not prohibit legislation aimed at shielding women’s property rights.

Furthermore, the court noted that Pakistan, as a signatory to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), is under an international obligation to eliminate property-related discrimination.

Copyright Business Recorder, 2026