Property Division in Divorce – Islamabad Family Law Guide

Introduction

Divorce is a difficult chapter in any person’s life, and in Pakistan — particularly Islamabad — one of the most complicated aspects of it is the division of property after divorce. While Islamic principles provide general guidelines, Pakistani civil and family laws handle the legal process of deciding who gets what in the event of marital dissolution.

This guide explains how property division in divorce in Islamabad is handled, including dowry items, jointly purchased assets, inheritance, and individual property rights of both husband and wife.

Legal Basis for Property Division After Divorce in Islamabad

In Pakistan, property division post-divorce is governed by:

• Islamic (Shariah) principles

• Muslim Family Laws Ordinance 1961

• West Pakistan Family Courts Act 1964

• Civil laws regarding property and contract law

However, there is no single statute that directly addresses division of marital property like in Western countries. Instead, division is determined through claims and evidence in family and civil courts.

What Types of Property Are Considered in Divorce?

1. Dowry (Jahaiz)

2. Gifts exchanged during marriage

3. Haqq Mehr (Dower)

4. Jointly purchased property (real estate, vehicles)

5. Property in one spouse’s name but paid for jointly

6. Inheritances and personal property

1. Dowry (Jahaiz) Rights of the Wife

• Dowry is considered wife’s property and must be returned to her in full upon divorce.

• This includes furniture, appliances, gold, clothing, and other items listed at the time of marriage.

• If the husband or his family refuses to return dowry, the wife can file a recovery suit in the Family Court Islamabad.

• Evidence such as photographs, receipts, or a dowry list signed at marriage helps establish claim.

2. Haq Mehr (Dower)

• Haq Mehr is a mandatory obligation under Islamic law.

• If not paid at the time of marriage or during marriage, the husband must pay the entire amount upon divorce.

• Courts in Islamabad strictly enforce this, and women can file Haq Mehr recovery suits even years after separation.

3. Gifts Exchanged During Marriage

• Gifts given by the husband to the wife are presumed to be irrevocable.

• Under Qanoon-e-Shahadat Order, these gifts become the sole property of the recipient unless proven otherwise.

• Gifts from the bride's side to the groom or his family are generally not recoverable, unless misused or fraudulently obtained.

4. Jointly Purchased Property

This is the most contested area.

• If a husband and wife buy property together (even if it’s in only one name), the contributing party can claim their share, but proof of contribution is necessary.

• If a wife contributes to buying a house (directly or indirectly), she may file a civil suit for declaration or partition.

• Bank statements, money transfers, or witness testimony help support claims.