Multiplying Zeroes: (In)Validity of Promises in Marriage Contracts under Pakistani Case Law

LUMS Law Journal, Vol. 6 (2019), pp. 1-14

12 Pages Posted: 14 Sep 2019

See all articles by Muhammad Munir

Muhammad Munir

International Islamic University, Islamabad - Department of Law

Date Written: September 4, 2019

Abstract

This article explains how the superior courts in Pakistan have interpreted stipulations in marriage contracts (Nikahnama) in selected cases mostly from 2009 to 2017. The main findings in this article are that in most of the cases, courts have refused to award the stipulated amount in marriage contracts, as compensation or damages or penalty, to be paid to the wife, if she is divorced by her husband or she has asked for khul‘. In some cases, however, courts have declared such stipulations as valid and binding resulting into conflicting decisions on similar issues. In most cases, courts have ruled that the issue of stipulated amount to be paid in case of breach of the contract does not fall within the jurisdiction of the Family Courts. Judges have not delved into the Qur’an, the Sunnah and the opinions of Muslim jurists on this issue that fortify the rights of women. In this way, the courts have often denied the payment of damages to divorced women as stipulated in marriage contracts.

Keywords: stipulations, marriage contract, compensation, Family Courts, jurisdiction, Muslim personal law

Suggested Citation

Munir, Muhammad, Multiplying Zeroes: (In)Validity of Promises in Marriage Contracts under Pakistani Case Law (September 4, 2019). LUMS Law Journal, Vol. 6 (2019), pp. 1-14, Available at SSRN: https://ssrn.com/abstract=3448054

Muhammad Munir (Contact Author)

International Islamic University, Islamabad - Department of Law ( email )

Islamabad, Islamabad Capital Territory 44,000
Pakistan
3335124423 (Phone)
0092-51-9258021 (Fax)

HOME PAGE: http://www.iiu.edu.pk

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