Islamabad, April 12 (NationPress) In the context of marital dissolution in Pakistan, whether initiated by the husband or wife, the reality that property is predominantly registered in the husband's name poses a significant barrier for women attempting to assert their rights and recognition within the marriage, as explained by a legal expert and rights advocate.

Rafia Zakaria, writing in the daily Dawn, points out that it is a prevalent practice among married men in the country to maintain financial dominance over assets, ensuring that all marital property is held in their name, even leading to complications during divorce. This predicament intensifies for women entangled in abusive relationships.

Zakaria highlights a relevant case involving Amara Waqas, a former PAF officer who married in 2015. Following tradition, her husband retained control over the assets acquired during their marriage, even post-separation. This included a Suzuki Cultus vehicle, shared household items, and her dowry.

When Waqas sought the return of these possessions, she faced rejection and was told she had no claim to the car since it was registered under her husband's name. After filing for 'khula', she escalated the matter to the Islamabad High Court (IHC) after previous lower court rulings denied her relief regarding the property.

'Khula' is a process in Islamic law enabling a Muslim woman to initiate divorce, typically without her husband’s agreement, by returning the dower (mahr) or offering compensation.

During the recent court proceedings, Waqas aimed to reclaim her share of the property acquired during their marriage, arguing that her financial contribution to the purchase of the Suzuki Cultus entitled her to partial ownership, as noted by Zakaria.

Offering hope to countless women in similar situations, Zakaria emphasizes that Justice Mohsin Akhtar Kayani of the IHC recognized the religious notion of marriage as a partnership. In his judgment, he stated that while husbands are generally the financial supporters, wives contribute significantly in non-monetary ways.

Justice Kayani referenced Surah Baqarah, which mandates that husbands provide appropriate compensation, underscoring that just compensation is a religious obligation. He also cited another verse affirming women’s rights to fair compensation in Islam.

Zakaria noted that the anxiety over financial insecurity keeps many women trapped in harmful marriages.

She pointed out that Pakistani courts have historically not defined what constitutes just compensation beyond the haq meher outlined in the nikahnama. “If marriage is a partnership, it follows that assets should be divided fairly between both parties. This principle of equitable distribution is upheld in several other Muslim nations, including Malaysia, Indonesia, and Turkiye, where courts consider more than just formal ownership,” she remarked.

In Waqas' situation, the Suzuki Cultus became the focal dispute. Despite being registered in the husband’s name, the court acknowledged the wife's financial contribution and her role in domestic support, leading to the conclusion that title alone should not dictate ownership, suggesting the need for further examination.

According to Zakaria, the court's ruling regarding asset distribution in divorce has broader implications for marital dynamics across Pakistan. “In numerous cases, men intimidate their wives with threats of divorce and subsequent financial ruin, arguing that they possess everything because it’s ‘in their name’, expecting courts to uphold this view,” she articulated.

Furthermore, Zakaria stressed that the IHC's recognition of contributions beyond mere title should prompt financially abusive husbands to reconsider their positions, as mere ownership cannot be the sole criterion for asset distribution in a divorce.