Raja Zahoor Law Chamber

The woman who takes Khula is also entitled of dower. W.P 68712 of 2024 LHC ASIF MEHMOOD VS ADDITIONAL DISTRICT JUDGE ETC 10-04-2025 The Lahore High Court has decided an important legal point regarding women's rights and has ruled that even in the event of termination of marriage on the basis of Khula, a woman is fully entitled to her dower, and the mere taking of Khula cannot be considered a justification for deprivation of this right. This decision was issued by Honorable Justice Raheel Kamran Sheikh on a petition filed by Asif Mahmood. The court issued a detailed eight-page decision in this regard. The petitioner had challenged the decision of the District Court of Sahiwal in which a degree of dower and dowry amount was issued in favor of the defendant (wife) after Khula. The honorable court ruled that if the husband's behavior is such that the wife is forced to take Khula, then in such a case the woman is not only entitled to Khula but also to dower, which is her legitimate ...

  If the Husband dies during Iddat, the Divorced Wife will be Considered Widow 2017 CLC 516 Mst. ROHEELA YASMIN Versus Ms. NEELOFAR HASSAN The case involves a dispute regarding the inheritance rights of Mst. Roheela Yasmin following the death of her husband, who allegedly divorced her before his death but within the stipulated 90-day period during which he could have revoked the said divorce. The court held that since the divorce had not yet become effective as per S.7 of the Muslim Family Laws Ordinance, 1961, the appellant remained his widow and was entitled to inherit his property. The impugned order was set aside, and the appeal was allowed. Key Legal Issues: • Validity and effectiveness of divorce within the 90-day period. • Right to inheritance under Muslim Family Laws Ordinance. • Procedure for reconciliation in Islamic law. Holding: The court concluded that the divorce pronounced by the deceased husband had not yet become effective as the 90-day period for revocation had no...

A gift mutation made in favor of sons by depriving daughters of their Shariah rights is voidable. 2016 SCMR 986 SC ISLAM-UD-DIN Vs Mst. NOOR JAHAN The Supreme Court of Pakistan in 2016 SCMR 986 dealt with the issue of daughters being deprived of their share of inheritance in agricultural land and properties due to alleged gift documents and mutation entries in the name of sons only. The court found that the alleged gifts and mutations did not meet the legal requirements as per the Qanun-e-Shahadat, 1984, specifically Article 79, and thus disregarded these documents, granting the daughters their rightful share of inheritance. Key Legal Issues: •Inheritance rights of daughters •Validity of gift documents and mutations •Requirement of attesting witnesses as per Article 79 of the Qanun-e-Shahadat, 1984 •High Court revisional jurisdiction under S. 115 of the Civil Procedure Code Holding The court dismissed the appeals, upholding the High Court's decision to disregard the mutations and t...