Marriage can be dissolved on a woman's initiative on grounds of shiqaq even if cruelty is not proven: SC

Read the original at Dawn ↗
Dawn · collected 2026-10-07 · by Nasir Iqbal

Quick Summary

The Supreme Court in Pakistan ruled that marriages can be dissolved based on shiqaq (marital discord) for women even when cruelty cannot be proven. This decision came from a five-member bench headed by Justice Shahid Waheed and involved two separate petitions filed by women seeking dissolution of their marriages due to cruelty but lacking evidence of it. The court distinguished between khula, which requires the wife’s voluntary consent, and shiqaq, which is based on serious marital breach without needing the wife's explicit agreement or financial forfeiture.
Written locally by qwen2.5:14b on 2026-10-07, using this article's own text rather than the other coverage of the same event (that is the story summary below).

AI analysis runs on qwen2.5:14b, locally

Story summary

The Supreme Court ruled on Wednesday that a Muslim woman can seek divorce under the Dissolution of Muslim Marriages Act, 1939, even if she cannot prove her husband's cruelty, by citing "shiqaq," which refers to marital discord. This decision was made by a five-member bench led by Justice Shahid Waheed and includes Justices Naeem Akhter Afghan, Muhammad Hashim Khan Kakar, Ishtiaq Ibrahim, and Miangul Hassan Aurangzeb. The court's judgment stemmed from two separate cases filed by Zainab Bibi and Imran Naz Begum against the Peshawar High Court (PHC) orders, where family courts had found no evidence of cruelty but still dissolved the marriages due to marital discord.

Written for “Indian Marriage Law Reform” on 2026-10-07, grounded in this article and the 0 other(s) covering the same event.
Why this leaning score
This article does not take a side on a contested political question, so it has no leaning score. That is an answer rather than a gap: a match report or a rescue can be warmly or critically written without being left or right, and scoring it anyway is how approval of a subject gets recorded as a political position.
No political leaning scored for article 62911 · logged 2026-10-07

Signals How these are calculated →

Claims extracted
31
claim-shaped sentences
Uncertain
26%
8 of 31 hedged
Leaning
not political
takes no side on a contested political question
Correction & hedging signals
71.1
corrections and hedging in what we collected; not a measure of accuracy
Outlets on this story
1
Politics
Narrative spread
1
articles carrying this framing
Analyzed 2026-10-07 · how these are computed

Story

📰 Indian Marriage Law Reform
Politics · 1 article(s) covering the same event.

How this is being covered How these are calculated →

Article leaning vs. publisher reliability
Source leaning vs. consistency

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Publisher

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Running correction rate · 3 correction(s)
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Who wrote this

Nasir Iqbal
19 article(s) here · 1 carrying a prediction
🔮 The Supreme Court ruled on Wednesday that a marriage could be dissolved on grounds of shiqaq (marital discord) under a residuary provision of the Dissolution of Muslim Marriages Act, 1939 even when cruelty was not proven.
🔮 But the high court dismissed their requests in May 2026, observing that their appeals against their convictions had already been fixed for hearing.
🔮 The Federal Constitutional Court (FCC) on Friday ruled that a registered medical practitioner (doctor) may prescribe and dispense medicine to his own patient within the scope of Section 31(4)(a) of the Pharmacy Act 1967, but cannot maintain a medical store or retail drug outlet without a licence under the Drugs Act 1976.
2026-10-03 · assertive framing · Doctors cannot run drug stores without licence: FCC
🔮 “I will pay you if you behave; I will pay you if you do not ask for divorce.
🔮 Dr Malik applied for the allowance, but his application was declined by the then PACP project director on April 19, 2021, primarily on the grounds that the allowance could not be granted retrospectively.
🔮 The Supreme Court on Friday expressed strong displeasure over delays in the registration of first information reports (FIRs) in Sindh, cautioning police officials that they could face contempt proceedings over any future delays.
🔮 “Such measures, if imposed, would further burden ordinary citizens, daily-wage earners and businesses.”
🔮 But the high court dismissed her request in May 2026, observing that her appeals against her conviction had already been fixed for hearing.
🔮 Siddiqui argued that the SC had issued its first order on May 12 in which the IHC was asked to decide the applicants’ petition for suspension of sentence as expeditiously as possible, preferably within a period of two weeks.
🔮 The bench also said it would frame constitutional questions for final determination in its order, which would be issued later.
Also by Nasir Iqbal
Nothing else under this byline is closely related to this article, so these are simply their most recent.
All 19 articles by Nasir Iqbal →

Topics

ISLAMABAD PHC The Supreme Court the Dissolution of Muslim Marriages Act the Peshawar High Court

Subjects

PHC ORG · 2× ISLAMABAD GPE · 1× Imran Naz Begum PERSON · 1× Ishtiaq Ibrahim PERSON · 1× Miangul Hassan Aurangzeb PERSON · 1× Muhammad Hashim Khan Kakar PERSON · 1× Naeem Akhter Afghan PERSON · 1× Shahid Waheed PERSON · 1× The Supreme Court ORG · 1× Zainab Bibi PERSON · 1×

Narrative

“The matrimonial relationships have undergone a serious and continuing rupture; reconciliation has failed; the evidence does not establish the statutory ground of cruelty; and the record, taken as a whole, establishes a condition of ‘shiqaq’ of the kind contemplated by verse 35 of Surah An-Nisa of the Holy Quran and recognised under Muslim law, thereby bringing the cases within the residuary provision contained in section 2(ix) of the Act of 1939,” the SC explained.
framing: mixed · carried by 1 article(s) · first seen 2026-10-07
🔮 The Supreme Court ruled on Wednesday that a marriage could be dissolved on grounds of shiqaq (marital discord) under a residuary provision of the Dissolution of Muslim Marriages Act, 1939 even when cruelty was not proven.

Claims (31 extracted, 8 hedged)

The Supreme Court ruled on Wednesday that a marriage could be dissolved on grounds of shiqaq (marital discord) under a residuary provision of the Dissolution of Muslim Marriages Act, 1939 even when cruelty was not proven. uncertain
cruelty → rule → Act
The residuary provision of the Dissolution of Muslim Marriages Act, 2(ix), explains the grounds on which a woman can obtain a decree for the dissolution of her marriage. asserted
woman → explain → marriage
In its judgement, the SC stated: “A marriage may be dissolved by a court, but neither spouse should be judicially deprived of a lawful right, nor judicially burdened with a stigma, without the foundation of law and evidence.” uncertain
spouse → state → law
The judgement was issued by a five-member bench, headed by Justice Shahid Waheed and comprising Justices Naeem Akhter Afghan, Muhammad Hashim Khan Kakar, Ishtiaq Ibrahim and Miangul Hassan Aurangzeb. asserted
judgement → issue → Afghan
The judges had taken up two connected petitions, filed by Zainab Bibi and Imran Naz Begum, against separate orders of the Peshawar High Court (PHC). asserted
judges → take → Court
Both cases arose from family suits where wives sought dissolution of marriage on the ground of cruelty and claimed maintenance, dower and dowry articles. asserted
wives → arise → articles
The family court found cruelty unproven in both cases, but dissolved both marriages through khula — a woman’s right to seek release from a marriage. asserted
cruelty → find → marriage
The family courts also directed the two women to return their dower, while the appellate court and the PHC largely upheld these decrees. asserted
court → direct → decrees
The two women raised two principal grievances before the SC: first, that their marriages could not lawfully be dissolved through khula because they neither sought nor consented to it, as their cases were founded on cruelty; and second, their financial claims should have been allowed in full. uncertain
claims → raise → cruelty
The SC’s 15-page judgement on their please, authored by Justice Waheed, drew a distinction between khula and shiqaq and explained that khula proceeded from a wife’s voluntary election to obtain release from the marriage and ordinarily carried financial consequences. asserted
khula → author → consequences
Shiqaq, by contrast, arose from an objectively established condition of serious matrimonial breach and did not depended on a wife’s surrender of dower or any benefit as consideration for her release, the judgement stated. asserted
judgement → arise → release
The SC held that family courts committed an error in converting the petitioners’ claims for the dissolution of their marriages on the ground of cruelty into decrees of khula without obtaining their clear and voluntary consent or election. uncertain
courts → hold → consent
Those decrees, to the extent that they rested upon khula, could not be sustained, the judgement said, though the SC did not set aside the dissolution altogether. uncertain
SC → rest → dissolution
“The matrimonial relationships have undergone a serious and continuing rupture; reconciliation has failed; the evidence does not establish the statutory ground of cruelty; and the record, taken as a whole, establishes a condition of ‘shiqaq’ of the kind contemplated by verse 35 of Surah An-Nisa of the Holy Quran and recognised under Muslim law, thereby bringing the cases within the residuary provision contained in section 2(ix) of the Act of 1939,” the SC explained. asserted
SC → undergo → 1939
The dissolution could therefore lawfully be sustained, but upon a juridical basis different from that adopted by the family courts, the SC judgement said, adding that marriages of the petitioners were liable to dissolution on the ground of shiqaq falling within section 2(ix) of the Dissolution of Muslim Marriages Act, 1939, and not on the basis of khula. uncertain
shiqaq → sustain → khula
However, the directions requiring the petitioners to return, surrender or waive their dower merely as a consequence of khula should consequently stood set aside, the SC ruled. asserted
SC → require → khula
Their entitlement to dower would be determined in accordance with the Act of 1939, it declared. asserted
it → dower → 1939
The SC observed that the Quranic emphasis upon reconciliation in cases of shiqaq was meaningful precisely because it contemplated the possibility that reconciliation may fail. uncertain
reconciliation → observe → possibility
“The law should neither rush towards separation nor prolong a matrimonial relationship which has ceased to serve its lawful purposes,” the judgement held. asserted
judgement → rush → purposes
Where reconciliation had failed, and the relationship had reached the condition of shiqaq, the judicial task was to bring the matter to a lawful conclusion without unnecessary attribution of blame or deprivation of rights, the judgement explained. asserted
judgement → fail → rights
The SC emphasised that courts must distinguish between an unhappy marriage and one in a state of shiqaq. asserted
courts → emphasise → shiqaq
“Mere incompatibility, occasional disagreement, anger, short separation or the existence of matrimonial litigation cannot, by themselves, satisfy the test. asserted
incompatibility → satisfy → test
The court must be satisfied that the breach is genuine, serious and continuing; that the matrimonial relationship has ceased to function in accordance with its essential purposes; and that reconciliation has failed despite meaningful judicial effort,” the judgement emphasised. asserted
judgement → continue → effort
The wife should not be compelled to surrender dower through an involuntary conversion of her statutory claim into khula, it said, adding that the husband should also not be judicially characterised as cruel or guilty of matrimonial misconduct without the evidentiary foundation required by law. uncertain
husband → compel → law
“Allegations of cruelty, ill-treatment, neglect and misconduct frequently arise in an emotionally charged environment. asserted
Allegations → arise → environment
The courtroom should not become an institution through which matrimonial discord is converted into a permanent injury to the reputation and dignity of either spouse,” it explained. asserted
it → become → spouse
The judgement further stated: “The law must determine rights; it need not aggravate human conflict. asserted
it → state → conflict
Where the evidence does not establish a particular matrimonial wrong to the standard required by law, the courts should refrain from declaring it proved. asserted
it → establish → law
Conversely, where the evidence establishes that the matrimonial relationship itself has descended into a state of serious and continuing rupture, the absence of proof of a particular matrimonial wrong does not necessarily require parties to remain bound to one another indefinitely.” asserted
absence → establish → one
The judgement explained that shiqaq was not established by every quarrel, disagreement, incompatibility or temporary estrangement in a marriage. asserted
shiqaq → explain → marriage
“It requires a genuine and continuing rupture of such character that the essential purposes of marriage cannot realistically be fulfilled, coupled with failure of reasonable efforts at reconciliation.” asserted
purposes → require → reconciliation
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