Farhan Qureshi 
The Supreme Court shiqaq ruling confirms that a marriage can be dissolved on grounds of serious and continuing marital discord, even when legal cruelty is not proven. The decision rests on the residuary provision of the Dissolution of Muslim Marriages Act, 1939, and gives families a clearer legal route when a marriage has broken down.
Supreme Court Shiqaq Ruling Strengthens Family Law
A five-member Supreme Court Appellate Bench headed by Justice Shahid Waheed delivered the judgment. It arose from connected petitions filed by Zainab Bibi and Iram Naz Begum against orders of the Peshawar High Court.
Protection for Wives and Their Dower Rights
The court held that family courts cannot automatically convert a wife’s suit for dissolution, based on cruelty, into a khula decree without her clear and voluntary consent. Such a conversion would require her to give up her dower, which the court found unfair when she had not agreed to it.
By recognising shiqaq under Section 2(ix) of the 1939 Act, the court allows a broken marriage to end without penalising the wife, as this reflects Pakistan’s growing emphasis on fairness and lawful safeguards for women within the justice system.
A Clear and Careful Definition of Shiqaq
The court clarified that shiqaq is not established by everyday quarrels, short separations or general incompatibility, and it requires a genuine, deep-seated and continuing breakdown of the marriage where reasonable efforts at reconciliation have failed.
More Pakistan Marriage and Family Stories
Why Did Saba Faisal Speak Out?
Look into the divorce remarks that renewed debate on stigma.
What Did Aagha Ali Reveal?
Find his candid views on love and marriage.
Who Owns Bridal Jewellery Legally?
Dive into the Supreme Court ruling on gifts and dowry.
What Is Punjab’s New Marriage Age?
Check out the rules fixing 18 as the legal age.
Why Did Fiza Choose Modest Meher?
Uncover the simple Haq Meher story sparking conversation.
