Introduction:
“Can love, respect, and companionship be measured in gold, cars, or money? Sadly, in many South Asian marriages, the answer remains yes—through the custom of dowry [1].”
The dowry system in Pakistan is a long-standing tradition that involves giving money, property, or valuable items to the groom or his family at the time of marriage. Originally, this custom was intended to provide support for the couple’s new life together and to strengthen the bond between both families. It symbolized care, respect, and mutual responsibility.
However, over the years, the true spirit of this tradition has faded. What was once a voluntary gesture of goodwill has turned into a practice of demands, often placing heavy financial pressure on the bride’s family. This shift has transformed a cultural custom into an economic burden, especially for lower-income households. Instead of bringing families together, the dowry system now fuels inequality, stress, and social injustice. To address this issue, society must return to the original values of respect and equality, ensuring that marriage is not defined by wealth or material expectations.
Historical Background of Dowry
The dowry system in Pakistan, once meant to provide women with financial security, has become a harmful social practice that fuels inequality and exploitation. Over time, it has shifted from a gesture of goodwill to a demand for cash, property, and expensive gifts from the bride’s family. These expectations often create heavy financial burdens, forcing families into debt and delaying marriages. Many women face emotional abuse, domestic violence, or rejection due to “insufficient” dowry. This practice reinforces gender discrimination and treats marriage like a transaction rather than a partnership. Although laws like the National Assembly of Pakistan’s Dowry and Bridal Gifts (Restriction) Act exist, weak enforcement allows the problem to persist. Real change requires education, awareness, and cultural shifts. Empowering women and promoting marriages based on respect not wealth, can help end this harmful tradition. Dowry should not define a woman’s worth or future.
Any young man who makes dowry a condition to marriage discredits his education and his country and dishonours womanhood. Chaudhuri, S. (2008). Dowry and the Modern Indian Marriage: Disrespecting Women in the Name of Tradition. Economic and Political Weekly[2].
Causes of the Dowry System
In Pakistan, the dowry system, a pre-marriage transfer of wealth from the bride’s family to the groom’s, is driven by a complex interplay of factors including societal pressure, perceived financial security for the bride, and gender inequality. Families often feel compelled to provide dowries due to social expectations and the desire to ensure their daughter’s well-being in her new home, although it can also lead to demands for excessive amounts and even discrimination against women. This practice, rooted in tradition and social norms, can create a significant financial burden on the bride’s family and perpetuates a system where women’s worth is sometimes linked to the value of their dowry.
Consequences of Dowry
The negative consequence of dowry is clearly seen in the debate on terminology. The term used for dowry is “bride-price,” has the connotation of a purchase or financial transaction. Though it is always claimed that what we actually have is bride-wealth, in present-day society, it is more like a financial transaction. Bride-wealth has been highly commercialized, leading to many negative consequences such as women treated as property, the idea of daughters as investment, come-we-stay marriages, forced marriages, enslavement, family conflict, inferiority and dehumanization, and gender-based violence. Each of these several categories will be described briefly below.
Dowry in the Light of Islam
In Islam, marriage is a sacred, legally binding contract between a man and a woman, built on mutual respect and compassion. The only obligatory financial gift is the Mahr, a personal right given by the husband to the wife. Dowry, the practice of demanding gifts from the bride’s family, is a cultural custom with no basis in Islam. The Quran emphasizes that the husband is responsible for providing for his wife, not her family.
“And give the women [upon marriage] their [bridal] gifts graciously…[3]”
The Prophet Muhammad (PBUH) exemplified this by never demanding dowry, including for his daughter Fatima’s marriage. The Prophet gave simple household items as gifts, not dowries. Islam condemns practices that lead to exploitation, violence, and commodification of women, which dowry can facilitate. Therefore, dowry is not an Islamic requirement, but rather a harmful cultural imposition that contradicts Islamic principles of justice and dignity.
Hadith: “The best marriage is that which is easiest in expenses [4].”
Constitutional and Legal Framework in Pakistan
In Pakistan, dowry is addressed by both constitutional and legal frameworks. The Dowry and Bridal Gifts (Restriction) Act of 1976 aims to curb excessive dowry practices, while the constitution and other laws provide mechanisms for women’s rights and dowry recovery[5].
Constitutional Framework:
The Constitution of Pakistan, particularly Article 185(3), allows for appeals to the Supreme Court on dowry dispute matters[6], according to Josh and Mak International[7].
The constitution also establishes the National Commission for Human Rights (NCHR), which plays a role in promoting and protecting human rights, including those related to dowry, according to the NCHR. The NCHR’s mandate is to investigate human rights violations, including those related to dowry, according to the NCHR [8].
Legal Framework:
The Dowry and Bridal Gifts (Restriction) Act, 1976: This act imposes restrictions on the aggregate value of dowry, bridal gifts, and presents, and limits the total expenditure on marriage ceremonies [9].
Judicial Response in Pakistan
Dowry disputes in Pakistan often come to light when women face harassment and cruelty due to unfulfilled demands. In one case, a wife alleged that her husband harassed her persistently because her family could not meet the dowry expectations. The court, after examining the evidence, accepted her version and held the demand for dowry to be an act of harassment. This was the decision in Mst. Kaneez Fatima v. Wali Muhammad (1993 SCMR 901)[10].
In another situation, a young woman was physically abused and maltreated by her husband and in-laws because the dowry she brought was insufficient. The court acknowledged this cruel treatment as a grim social reality that the law must address. This was established in Humaira Mehmood v. The State (PLD 1999 Lahore 494)[11].
Similarly, a wife brought forward a complaint that disputes arising from her dowry had caused serious discord in her marriage, eventually leading to its breakdown. The court recognized that dowry can become a root cause of matrimonial disharmony. This was illustrated in Ghulam Sakina v. Falak Sher (PLD 1988 Lahore 396)[12].
In yet another case, the husband retained dowry articles that legally belonged to his wife and refused to return them despite repeated demands. The court held him guilty of unlawful possession and ordered the return of the items. This judgment was given in Abdul Majid v. State (2003 PCrLJ 1789)[13].
Likewise, where a husband wrongfully withheld the dowry articles, the allegation was substantiated through evidence, and he was held liable. The ruling reaffirmed that dowry is the wife’s exclusive property and cannot be retained by the husband. This principle was upheld in Saeed Ahmed v. State (2004 YLR 1591 Lahore)[14].
Comparative Legal Perspective (India and Other Jurisdictions)
Several South Asian nations have implemented laws to address the dowry system. India’s Dowry Prohibition Act of 1961 makes giving and taking dowry illegal. Further, the Indian Penal Code includes Sections 304-B (dowry death) and 498-A (cruelty related to dowry demands) to combat dowry-related violence. Indian courts have also actively addressed the issue, as seen in cases like Satvir Singh v. State of Punjab (2001) [15] and Kans Raj v. State of Punjab (2000)[16], where they condemned dowry-related violence. Bangladesh and Nepal have also adopted strong anti-dowry legislation, reflecting a regional consensus. Pakistan can learn from these examples by strengthening its legal framework, ensuring effective enforcement, raising public awareness, and promoting strong judicial responses to dowry-related exploitation.
Role of Media, NGOs, and Civil Society
Media, NGOs, and civil society play vital roles in raising awareness about social issues like dowry deaths and advocating for women’s rights. Awareness campaigns, often spearheaded by these groups, aim to educate the public and challenge harmful social norms. Organizations focused on women’s rights actively work to protect women’s safety and promote gender equality, while media outlets can amplify their message and highlight the injustices associated with dowry deaths and other forms of violence [17].
Way Forward: Recommendations
Eradicating the dowry system necessitates a dual approach: robust legal mechanisms and transformative social change. While Pakistan’s Dowry and Bridal Gifts (Restriction) Act, 1976, exists, its effectiveness hinges on rigorous enforcement through designated complaint cells and expedited legal processes. Concurrently, educational initiatives in schools and universities must foster a generation that rejects dowry-based unions and promotes new cultural norms. Furthermore, religious leaders should emphasize that Islam mandates mahr (a gift from husband to wife) rather than dowry, utilizing sermons and community outreach to dispel misconceptions. Finally, strengthening penalties for dowry-related harassment, coupled with responsible media coverage and readily available support systems like helplines and shelters, can collectively contribute to a society free from this exploitative practice [18].
11. Conclusion
The dowry system is a harmful social practice that devalues women and undermines the true meaning of marriage. Despite legal prohibitions like the Dowry and Bridal Gifts (Restriction) Act, 1976, in Pakistan, weak enforcement and cultural acceptance allow it to persist. Combating dowry requires stricter legal action, widespread awareness campaigns, and a collective rejection of this exploitative custom. Marriage should be a union built on love and respect, not a financial transaction.
Dowry Divides, love unites [19].
REFERENCE:
[1] International Women’s Development Agency (IWDA). (2021); https://iwda.org.au/
[2] Chaudhuri, S. (2008); https://www.scirp.org/reference/referencespapers?referenceid=29574
[3] Quran (4:4)
[4] HADITH; BY ( Musnad Ahmad ),https://sunnah.com/abudawud:2117
[5] Dowry and Bridal Gifts (Restriction) Act of 1976;https://pakistancode.gov.pk/english/UY2FqaJw1-apaUY2Fqa-bpuUY2Rp-
[6] CoP 1973;https://www.pakp.gov.pk/wp-content/uploads/20
[7] By Josh and Mak; https://joshandmakinternational.com/difference-between
[8] NCHR; https://nchr.gov.pk/
[9] The Dowry and Bridal Gifts (Restriction) Act, 1976; https://pakistancode.gov.pk/english/UY2FqaJw1-apaUY2Fqa-bpu
[10] Mst. Kaneez Fatima v. Wali Muhammad (1993 SCMR 901).; https://www.scribd.com/document/545595354/Kaniz-Fatima-Case
[11] Humaira Mehmood v. The State (PLD 1999 Lahore 494);https://lpr.adb.org/resource/humaira-mehmood-vs-state-pld-1999-lah-494-pakistan
[12] Ghulam Sakina v. Falak Sher (PLD 1988 Lahore 396); https://lawplanet.in/ghulam-sakina-vs-falak-sher-allah-baksh/
[13] Abdul Majid v. State (2003 PCrLJ 1789); https://caselaw.shc.gov.pk/caselaw/v
[14] Saeed Ahmed v. State (2004 YLR 1591 Lahore); https://caselaw.shc.gov.pk/caselaw/view-file/MTA1NzA2Y2Ztcy1kYzgz
[15] Satvir Singh v. State of Punjab ( AIR 2001 SC 2828); https://testbook.com/landmark-judgements/satvir-singh-vs-state-of-pun
[16] Kans Raj v. State of Punjab (2000 5 SCC 207);https://jajharkhand.in/wp/wp-content/judicial_updates_files/07_C
[17] Munir Moosa Sadruddin; Study on the Role of Media, NGOs, and Civil Society in
Promoting Pluralism in Pakistan;https://qurtuba.edu.pk/thedialogue/The%20Dialogue/7_2/Dialogue_
[18] Dowry and Bridal Gifts (Restriction) Act, 1976; https://pakistancode.gov.pk/english/UY2FqaJw1-apaUY2Fqa-bpuUY2Rp-sg-j
[19] Quote; https://brainly.in/question/60518728
