Who Has the Property Rights to Women’s Bridal Gifts?
Women's legal rights regarding wedding presents, dowery, and inherited property have long been a source of contention. It is typically thought that a woman's husband also owns a fair part of any mobile and immovable assets she gets as gifts or dowry during her wedding, such as gold or jewelry, a car, and real estate.
Most women are utterly unaware of their rights when it comes to issues like real estate ownership, the entitlement to bridal presents, and the split of inherited property due to a general lack of information as well as some regressive cultural traditions. They are unaware of their fundamental rights, which are guaranteed to them by Islam and upheld by Pakistan's Constitution, and they are also unsure of how to legally exercise those rights. This is possibly the key factor in the high percentage of women who renounce their inheritance and other acquired assets in favor of their male family members across the nation.
The following laws govern women's property rights in Pakistan:
Married Women’s Property Act, 1874
Dissolution of Muslim Marriages Act, 1939
Muslim Family Laws Ordinance, 1961
West Pakistan Muslim Personal Law Shariat Application Act, 1962
Prevention of Anti-Women Practices Act, 2011
RIGHTS OF WOMEN ON BRIDAL GIFTS OR DOWRY
Even though excessive dowry spending is forbidden by the Dowry and Bridal Gifts (restriction) Act of 1976, it is nonetheless a major cultural and social problem nationwide. Therefore, in a recent decision, the Supreme Court of Pakistan repeated its position on the rights of women regarding bridal presents in order to further clarify the situation.
The court ruled that the presents given to a woman at the moment of her marriage are her property and will always stay such, according to a major English daily. Additionally, these presents can be added to but not taken away from their legal owner, the wife, in accordance with the Sharia Law that is used in Pakistan.
“Radical awakening was brought about by the Holy Quran and In a 12-page judgment he wrote after the hearing of a property-related dispute, Justice Qazi Faez Isa stated that women's rights had never before been established in the [Muslim] scripture. It said, "[The Sharia emphasises] a woman's right to possess and dispose of her property; her right to retain her income and property both before and after marriage; her capacity to conduct business without the consent of her father or husband; and her right to keep and spend what she earns.
Additionally, the most recent Supreme Court decision on bridal gifts said that both men and women should profit from their respective earnings. The Holy Quran's Surah Al-Nisa, which declares that a woman is permitted to inherit, was also cited from her spouse and parents. As Islam has extensively covered the woman's right to enter into contracts and to witness contracts, it was also advised that husbands establish wills to provide for their wives.
"A woman does not also require permission to obtain or dispose of property; whatever inheritance she receives, it is solely hers; neither her husband, father, brother, or son have any claim to it: Do not eat up (consume) one another's property, the Quran commands. The decision was upheld, observing that due to archaic customs and practices, the Quran's prohibitions are occasionally not adhered to strictly.
RIGHTS OF WOMEN ON DOWER (MEHR)
In addition to dowry, women also have full rights to the Mehr, or dower, that a husband is required by Islamic law to provide to his wife. The bride's and groom's families often decide on the form and quality of Mehr, which may consist of cash, gold, real estate, or any other assets that are acceptable to both sides.
The Mehr is legally also the wife's property. She will be the exclusive owner of real estate if her husband donates it to her or if she purchases it with money from Mehr. Additionally, the Muslim Family Laws Ordinance of 1961 and the Property Transfer Act of 1882 make sure that once the title of ownership is changed to the woman's name, she is free to do whatever she wants with it, including selling it without splitting the proceeds with her husband.
The Pakistani Dissolution of Muslim Marriages Act, 1939, also safeguards women's property rights in the event of a divorce. But it's crucial to note that in the instance of khula, The right to Mehr cannot be asserted by a wife who wants the divorce of the marriage.
There is no tax on transferred property in Pakistan as far as transfer by gift is concerned. For additional information, see our article on how to register a gift deed.
Our guide on women's rights regarding bridal gifts and Mehr in Pakistan is now complete.
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