On 7 October 2026, a five-member Supreme Court bench recognised shiqaq — serious continuing marital discord — as an independent ground for dissolution under Section 2(ix) of the 1939 Act, and barred family courts from converting a wife's dissolution plea into khula without her consent.

On 7 October 2026, the Supreme Court of Pakistan handed down a judgment that changes the landscape for women seeking to end a broken marriage. A five-member bench headed by Justice Shahid Waheed recognised shiqaq — serious, continuing marital discord — as an independent ground for dissolving a marriage, even where cruelty cannot be proved. In the same ruling, the Court barred family courts from converting a wife's dissolution plea into khula without her clear and voluntary consent.

This guide explains what the Court decided, what shiqaq means in practice, and how this ruling affects dissolution cases going forward. This is general information, not advice for your particular situation — and note that the details below are drawn from press reporting of the judgment, since the certified copy had not been published at the time of writing.

The cases behind the ruling

The judgment decided two connected petitions filed by Zainab Bibi and Iram Naz Begum against separate orders of the Peshawar High Court. In each case, the wife had approached the family court seeking dissolution of her marriage on the ground of cruelty, while also claiming maintenance, dower (haq mehr) and dowry articles.

The family courts found that cruelty had not been proved. But after reconciliation efforts failed, the courts dissolved both marriages through khula instead — and directed the women to return or surrender their dower. The appellate courts and the Peshawar High Court largely upheld those decrees.

Before the Supreme Court, the women raised two grievances: their marriages could not lawfully be dissolved through khula because they had neither sought nor consented to it, and their financial claims should have been allowed in full.

What the Supreme Court decided

The bench — Justices Shahid Waheed, Naeem Akhter Afghan, Muhammad Hashim Khan Kakar, Ishtiaq Ibrahim and Miangul Hassan Aurangzeb — issued a 15-page judgment that made three important holdings:

  • Shiqaq is an independent ground for dissolution. Where a marriage has suffered a serious and continuing rupture and reconciliation has failed, the marriage may be dissolved on the ground of shiqaq under Section 2(ix) of the Dissolution of Muslim Marriages Act, 1939 — even if cruelty is not proved.
  • No forced conversion to khula. A family court cannot convert a wife's plea for dissolution on statutory grounds into a decree of khula without her clear and voluntary consent. The Court held this conversion unlawful because it deprived the women of their dower rights — khula ordinarily carries financial consequences for the wife, while statutory dissolution does not.
  • Dower directions set aside. The directions requiring the women to surrender or return their dower, imposed as a consequence of the khula decrees, were set aside. The findings on maintenance and dowry articles were left intact.

What is shiqaq?

Shiqaq refers to a state of serious, deep-seated and continuing marital discord — a genuine breakdown of the marriage where reasonable efforts at reconciliation have failed. The Court clarified what shiqaq is not: it cannot be established by ordinary quarrels, general incompatibility, or temporary separation. There must be an objectively serious rupture of the marital relationship.

The judgment noted that this concept is rooted in verse 35 of Surah An-Nisa of the Holy Quran and recognised under Muslim law. The Court also cautioned against labelling either spouse as cruel or guilty of misconduct without sufficient evidence.

Khula vs shiqaq vs faskh: how they differ now

  • Khula proceeds from the wife's voluntary choice to seek release from the marriage, and ordinarily carries financial consequences — typically the surrender of dower or other benefits.
  • Shiqaq arises where the marriage has objectively broken down into serious, continuing discord and reconciliation has failed. Following this ruling, it stands as an independent ground under Section 2(ix) of the 1939 Act — and crucially, it does not require the wife to surrender her dower the way khula does.
  • Faskh remains the court's dissolution on other proven statutory grounds under the 1939 Act, such as cruelty, desertion, or prolonged non-maintenance.

The practical significance is considerable: a woman whose marriage has irretrievably broken down, but who cannot prove cruelty, previously risked being pushed into khula — and losing her dower. The ruling closes that route and gives her shiqaq instead.

What this means for pending and future cases

If you have a dissolution case before a family court, this ruling matters in several ways. First, if you pleaded cruelty or another statutory ground, the court cannot convert your case into khula without your clear consent. Second, if cruelty cannot be proved but the marriage has genuinely broken down beyond repair, shiqaq is now an available ground. Third, your dower cannot be taken from you merely as a consequence of dissolution — financial claims must be decided under the law, not assumed away.

That said, shiqaq will still need to be established with evidence: the breakdown must be serious and continuing, and reconciliation must genuinely have been attempted and failed. Courts will look at the record as a whole.

Your practical checklist

  • If your dissolution plea was converted to khula without your consent, discuss this ruling with your lawyer — it may affect your case or appeal.
  • Do not agree to khula on the record unless you understand and accept the financial consequences, particularly for your dower.
  • Gather evidence of the breakdown: failed reconciliation attempts, separation, and any record showing the rupture is serious and continuing.
  • Keep your financial claims (dower, maintenance, dowry articles) pleaded separately and clearly — they survive independently of how the marriage is dissolved.
  • Remember the details above come from press reporting; ask your lawyer to check the certified judgment once published.
  • Every case turns on its facts — get advice on which ground fits your situation before filing or amending a plea.

Frequently asked questions

Can I now get divorced without proving cruelty?

Following this ruling, yes — potentially. If your marriage has suffered a serious and continuing breakdown and reconciliation has failed, shiqaq under Section 2(ix) of the 1939 Act is an independent ground, even without proved cruelty. You will still need to establish the breakdown with evidence.

Can the court still grant me khula instead of what I asked for?

Not without your clear and voluntary consent. The Supreme Court has barred family courts from converting a statutory dissolution plea into khula on their own — especially where the conversion would cost you your dower.

Will I lose my dower if my marriage is dissolved for shiqaq?

On the Court's reasoning, no — unlike khula, dissolution on the ground of shiqaq does not require you to surrender your dower as consideration. Your financial claims are decided under the law.

Does this ruling apply to cases already decided?

It sets a precedent that higher courts must follow, and it may give grounds for appeal or review in cases where a plea was converted to khula without consent. Whether it helps a decided case depends on its stage and facts — take the certified judgment to your lawyer.

Related guides

Need guidance on your situation? Whether shiqaq, khula, or another remedy fits your case depends on your facts — an early confidential consultation can clarify your options and protect your financial rights. Contact us to book a consultation.

By Advocate Muhammad Iqbal Khan

Draft pending advocate review.

Last reviewed:

This article provides general legal information, not legal advice for your specific matter.

Common questions

Following this ruling, yes — potentially. If your marriage has suffered a serious and continuing breakdown and reconciliation has failed, shiqaq under Section 2(ix) of the 1939 Act is an independent ground, even without proved cruelty. You will still need to establish the breakdown with evidence.

Not without your clear and voluntary consent. The Supreme Court has barred family courts from converting a statutory dissolution plea into khula on their own — especially where the conversion would cost you your dower.

On the Court's reasoning, no — unlike khula, dissolution on the ground of shiqaq does not require you to surrender your dower as consideration. Your financial claims are decided under the law.

It sets a precedent that higher courts must follow, and it may give grounds for appeal or review in cases where a plea was converted to khula without consent. Whether it helps a decided case depends on its stage and facts — take the certified judgment to your lawyer.

Related guides

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