In a landmark judgment, the Islamabad High Court (IHC) has ruled that a wife—whether a homemaker or a working professional—is entitled to at least a 50 percent share in household assets acquired during the subsistence of marriage, while also recommending amendments to the Nikahnama to formally recognise such rights.
In a detailed 28-page verdict issued by Justice Mohsin Akhtar Kayani in a family dispute case, the court directed that matrimonial property should be treated as a form of economic partnership and observed that assets accumulated during marriage must be divided equitably between spouses in the event of divorce or separation.
The court also recommended introducing a dedicated column in the Nikahnama under the Muslim Family Laws Ordinance, 1961, allowing women to stipulate at the time of marriage that property acquired by the husband during the marriage would be subject to equal division upon divorce or death.
The ruling came in response to a petition filed by Ms Amara Waqas against Muhammad Waqas Rasheed, in which she sought maintenance, dissolution of marriage based on khula, and recovery of dowry articles after being turned out of the matrimonial home in January 2021.
She claimed ownership of household assets valued at Rs. 1.69 million, arguing that the items were purchased during the marriage from her own income and retained by the respondent. While the trial court partially granted relief, awarding maintenance and 30 percent of the alternate value of dowry items, the appellate court overturned that decision.
Justice Kayani set aside both lower court judgments, holding that they had failed to properly appreciate key evidentiary material. The court noted that the respondent had, in his written statement and affidavit, acknowledged the presence of several household items, including air conditioners, a refrigerator, a washing machine, and a television, amounting to a de facto admission.
The judgment also observed that the petitioner’s salary statements reflected consistent withdrawals contributing to household expenses, supporting her claim of financial contribution. A vehicle, a Suzuki Cultus registered in the husband’s name, was also treated as matrimonial property after the court found indications that it had been partially financed by the petitioner.
In its reasoning, the court conducted a comparative legal analysis of Islamic jurisprudence, international conventions including CEDAW, and family law frameworks in countries such as Malaysia, Indonesia, Iran, Turkey, Egypt, the United Kingdom, and Canada. It concluded that marriage in Pakistan should be viewed as an economic partnership rather than a purely personal contract.
Justice Kayani also referenced Islamic principles of fairness in marital relations and the concept of Mut’at al-Talaq, noting that Shariah provides flexibility for protecting women’s financial rights and does not preclude legislative recognition of community property regimes.
The court further established a ten-point framework for assessing the valuation of used household and dowry items, taking into account depreciation, inflation, sentimental value, and market references such as online property and goods platforms.
Reiterating the need for legislative clarity, the court urged the federal government to enact comprehensive laws recognising a wife’s equitable share in matrimonial assets, regardless of whose name the property is registered in. It also emphasised that working women’s financial contributions and homemakers’ non-monetary contributions must both be given legal recognition.
Importantly, the court held that conditions allowing equal division of property can be incorporated into the Nikahnama and enforced without requiring fresh legislation, while recommending greater public awareness of existing provisions such as Column 18 of the marriage contract.
Speaking to The Friday Times, Huma Ijaz Zaman, Senior Partner at Madviwala and Zafar, described the ruling as a “brilliant move” by the judiciary, noting that her firm has long advocated for the equal division of matrimonial property between spouses. She emphasised that contribution in a marriage should not be viewed purely in monetary terms, adding that a woman who does not work outside the home still contributes through household responsibilities and childcare. In the past, she observed, many women were often left without any share of assets after divorce.