Marriage, Law And The Persistent Gap in Women’s Rights In South Asia – OpEd
Pakistan’s Supreme Court strengthened women’s autonomy in marriage: In three rulings (May–June 2026), the court affirmed that women cannot be forced into khula (returning dower), reinforced spousal posting rights for civil servants, and declared bridal jewelry and dowry as a woman’s exclusive property.
Rulings address gaps between law and practice: Despite existing legal protections, lower courts, informal justice systems, and cultural norms often undermine women’s rights; the judgments aim to close this gap.
Broader significance: The decisions reinforce that marriage does not erase a woman’s independent legal identity, with relevance for Christian women in Pakistan who face similar cultural pressures under separate personal laws.
(UCA News) — Within a span of one month, the Supreme Court of Pakistan reinforced three decisions that collectively define a woman’s autonomy in marriage.
On May 24, it ruled that a family court cannot convert a woman’s petition for dissolution of marriage on grounds such as cruelty into a decree of khula (dissolution) without her consent, thereby affirming her right to choose the legal remedy she wishes to pursue.
The khula is a form of divorce initiated by the wife under Islamic Sharia law, allowing her to obtain a divorce, typically by returning the mahr (dower) or providing other agreed-upon compensation to her husband.
Three days later, on May 27, the court upheld the government’s wedlock policy, recognizing married civil servants’ right to be posted in the same locality as their spouses.
Then, on June 24, the top court reaffirmed that bridal jewelry, dowry articles, and gifts given to a woman for her personal use are her exclusive property, and that neither her........
