You sit at the nikah and the nikahnama is passed around. Someone writes the haq mehr in its box. Ten tola gold. Fifty lakh rupees. Or a figure the two families agree on quietly. Years pass. The marriage ends. And the amount written that day was never paid. Can you still ask for it?
Yes. Haq mehr is not a gift. It is a wife's right, and the courts in Pakistan have said so again and again.
What is haq mehr?
Haq mehr is the dower a husband promises his wife in the marriage contract. The Quran says it in Surah An-Nisa, verse 4: give women you wed their due dowries graciously.
It is not dowry. Dowry is what the bride's family brings. Haq mehr is what the husband owes the wife. It can be money, gold, jewellery or property. Whatever is written in the nikahnama, that is the promise. The form is fixed by law and the amount is recorded through nikah registration.
Two kinds of dower: prompt and deferred
Dower comes in two forms. Prompt dower, or muajjal, is payable when the wife asks for it. Deferred dower, or muwajjal, falls due later, usually when the marriage ends or the husband dies.
Most nikahnama forms have two boxes for this. One for prompt, one for deferred. If the nikahnama says nothing about how the dower is to be paid, the whole amount is payable on demand. That is Section 10 of the Muslim Family Laws Ordinance 1961.
So a wife does not have to wait for divorce to ask for her dower. She can ask any time.
What if the husband does not pay?
If the prompt dower is unpaid and the marriage has not been consummated, the wife can refuse to move in with her husband until it is paid. This is settled Muslim law. After the marriage is consummated, that right of refusal goes, but the debt stays.
Not asking for years does not cancel the right. In May 2026, the Lahore High Court ruled that a woman's failure to demand haq mehr during marriage cannot be treated as a waiver. Women hold back because of family and social pressure, the court said, and that silence changes nothing.
The same judgment said dower can be agreed verbally, in writing, or even after the marriage. A husband can also raise the amount later. If he promised something extra in a separate agreement, that promise is enforceable too. The Express Tribune report covers the case.
Where do you claim dower?
Family courts have exclusive jurisdiction over dower. The Family Courts Act 1964 lists dower in the first part of its Schedule, next to dissolution of marriage, maintenance, custody and dowry. It also covers any other matter arising out of the nikahnama.
You can bundle dower with other claims. A plaint for dissolution of marriage can include maintenance, dowry articles and dower in one case. The court fee on a plaint is a flat Rs 15, and the law asks family courts to decide cases within six months.
If the husband does not pay after a decree, the court can recover the amount as arrears of land revenue. That is Section 13 of the Family Courts Act. It is the same machinery the state uses to collect taxes, and it is a strong enforcement tool.
Is there a time limit?
Yes. Under the Limitation Act 1908, a suit for prompt dower must be filed within three years. A suit for deferred dower also has a three year window, counted from when the dower becomes due.
Deferred dower becomes due when the marriage ends. So the clock for the deferred portion starts at the divorce or at the husband's death, not at the wedding.
What if the husband dies?
Dower is a debt. When a husband dies, his unpaid dower is paid from his estate before the inheritance is divided among the heirs. A widow claiming her dower is claiming what is already hers.
Second marriage: the dower rule
There is one situation where the whole dower, prompt and deferred, must be paid at once. If a man contracts a second marriage without the written permission of the Arbitration Council, Section 6 of the Muslim Family Laws Ordinance makes the entire dower immediately payable to the existing wife. The rules around second marriage without permission are covered in our separate guide.
The Supreme Court enforced this in the Naila Javed case in January 2026. The husband had married again without permission. The court ordered him to pay Rs 1.2 million in dower immediately and set aside the lower court orders. Around the same time, hearing petitions on dower, Chief Justice Yahya Afridi said the amount written in the nikahnama must be paid in full. The Arab News report carries his remarks.
Dower in khula and divorce
Deferred dower becomes due when the marriage dissolves. In khula, courts have often asked the wife to give up part of the dower in return for the release. That practice has now been checked.
In January 2026 the Supreme Court said a court cannot convert a wife's suit into khula on its own motion and strip her of dower. In October 2026, a five member bench ruled that a marriage can be dissolved on shiqaq, meaning serious and lasting discord, and that this kind of dissolution does not require the wife to surrender her dower. See the Dawn report on the shiqaq judgment. The wider rules of khula in Pakistan are explained in a separate post.
How to claim your haq mehr
- Get a copy of your nikahnama from the Union Council or the nikah registrar.
- Note the amount in the dower box. If it says nothing about when it is payable, it is payable on demand.
- File a suit in the Family Court of the district where you ordinarily live. The plaint can join dower with maintenance and dowry claims.
- Pay the flat court fee of Rs 15.
- If the court passes a decree and the husband still does not pay within the time fixed, ask the court to recover it as arrears of land revenue.
The law is on the wife's side here. But it only works if she asks. Haq mehr is not a favour a husband grants. It is a debt he owes. More plain language guides on marriage, dower and divorce live on the Lexiber blog.
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