Unique question of law before IHC: Whether pilgrimage of Haj, Ziarat valid, enforceable dower after divorce

ISLAMABAD: Whether performance of Haj and ‘Ziarats’ written in the Nikahnama is valid, enforceable dower after the divorce is a vital question that has come up before the Islamabad High Court (IHC) for adjudication.

One Tehreem Aamir did not get relief from an additional district judge (ADJ) on her plea that after her divorce, her former husband should foot the bill for performance of Haj and Ziarats as committed by him in the marriage certificate.

The Ziarats is pilgrimage to sites associated with the Holy Prophet (PBUH), his family members and descendants, his companions and other venerated figures in Islam such as the prophets, Sufi Auliya, and Islamic scholars.

The lady approached the IHC for relief. Justice Aamer Farooq heard the case. In view of the importance of the question of law, he appointed senior advocate Kashif Ali Malik as the amicus curiae for assistance of the court in the case - Tehreem Aamir Vs ADJ etc.

In his order, the judge wrote that the proposition in question is whether the downer as mentioned in column numbers 13 and 14 in the Nikahnama to the effect that respondent No. 3 [former husband] would take the petitioner [divorcee] for Haj and visit for Ziarats is a valid dower and can be enforced after divorce.

It said that this court feels that question of law is of importance, hence, advocate Kashif Malik is appointed amicus curiae to assist the court in the matter. The judge ordered that the case be relisted on September 15 for hearing.

Kashif Malik told The News that other conditions mentioned in the Nikahnama were fulfilled by the former husband after the divorce but provision of Haj and Ziarats were not discharged, which led the woman to approach the court. He said that there was no case law or authority on such a situation, which has emerged for the first time. Therefore, he said, the IHC has sought the legal assistance to decide the question.