Major Change Proposed: Haq Meher to Become Wife’s Immediate Legal Property

In a significant move to strengthen women’s financial rights, Pakistan’s Law and Justice Commission has proposed major amendments to the country’s family laws. These changes, approved by the National Commission on the Status of Women, aim to modernize old laws and provide better financial protection for women. The key proposals focus on three main areas: Haq Meher, alimony (Nafaqa), and marriage registration.

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1. Haq Meher: From a Promise to Immediate Ownership

The most groundbreaking change concerns Haq Meher, the mandatory financial gift from the groom to the bride.

• Current Law: Haq Meher is often a promise, sometimes not given immediately.
• Proposed Change: If the Haq Meher includes property (like a house or land), it will become the wife’s immediate legal property upon marriage.
• Her Control: The husband, or anyone else, cannot sell or mortgage that property without the wife’s written consent.
• Safeguard: A copy of the marriage contract (Nikah Nama) will be sent to the property registration authority to officially record her ownership.

2. Alimony (Naqa) to Increase with Inflation

The proposed amendments also address the cost of living.

• Current Law: Courts set an alimony amount, but it often remains the same for years, losing value due to inflation.
• Proposed Change: Family courts and arbitration councils will now have the power to order a yearly increase in alimony payments to keep up with inflation.

3. Transparent Marriage Registration

To prevent fraud and ensure both partners understand the marriage contract:

• Verbal Explanation: The Nikah Registrar will be required to read all the terms of the Nikah Nama out loud to the bride and groom in their native language.
• Stricter Penalties: The punishment for a registrar who is negligent or commits fraud will be increased from one month to six months in jail, and the fine will rise from 200 rupees to 10,000 rupees.

4. Clearer Rules on Dowry (Jahez)

The laws restricting dowry will also be updated.

• Increased Limits: The value limits for gifts and wedding expenses will be raised to reflect modern costs.
• Legal Proof: A list of dowry items attached to the Nikah Nama will be considered legal evidence, making it easier for a woman to reclaim her possessions in case of a dispute.

Frequently Asked Questions (FAQs)

1. What is Haq Meher?
Haq Meher is a mandatory financial gift promised by the husband to the wife in an Islamic marriage contract. It is her legal right.

2. How does the new proposal change Haq Meher?
It transforms it from a mere promise into secured, instant ownership. If the Haq Meher is property, the wife becomes its legal owner immediately, and no one can touch it without her permission.

3. Why is the alimony (Nafaqa) change important?
It protects the wife and children from the effects of inflation. As the cost of living rises, the financial support they receive will also increase annually.

4. How does the new law make marriage registration safer?
By forcing the registrar to explain the contract aloud, it ensures the bride (who is sometimes unaware of the terms) understands her rights and duties before agreeing.

5. What happens if a registrar breaks the rules?
The punishment is much stricter, with the possibility of six months in jail and a fine of 10,000 rupees, which should discourage fraudulent practices.