Nikah Khawan can be any Imam-e-Masjid, or a Molvi but Nikah Registrars are deputed and licenced by the Government, Online Nikah Services in Islamabad, Rawalpindi, Karachi & Lahore. An appointment by the relevant Union Council determines who is appointed as Nikah Registrar.
Muslim law does not specify the level of education or experience a Muslim must To apply for the position of Nikah Registrar, one must be licensed to practice Family Laws. The relevant Union Council can grant a license to Nikah Registrars to any person competent to solemnize a marriage under Muslim law. The Union Council may, after making such inquiries as it may deem necessary, grant a license to a person if, after making such inquiries as it may deem necessary, it is satisfied that the applicant is indeed qualified and fit for the grant of a license, under certain conditions.
Having been issued this license, he will be able to use it for the rest of his life. He will not be able to transfer it to anyone else. In the event that the Nikah Registrar violates any of the conditions associated with this license, the license can be revoked. Violations of any of the provisions of the MFLO and the rules framed under it are also considered to be such violations.
If a condition of the license is violated, Registrars are either punished by imprisonment for one month or by fines of two hundred rupees or both.
In Nikah Registrars or other persons responsible for solemnizing a marriage in Pakistan are required to fill in all columns of the Nikah Nama with specific details about the bride or groom.
Nikah Registrar can be punished with a fine of Rs. 25,000 and up to one month imprisonment for not filling the nikah form properly.
Nikah Registrars are required, by the Superior Courts, to fill out more than just the columns of the Nikah Nama as clarified by their decisions. Registrars must keep in mind that the duties they perform are important and have dire consequences, as a valid marriage results in rights such as inheritance, maintenance, dower, dissolution of marriage, legitimacy of children, and several others.
As The public servant is responsible for ensuring that the parties are capable of understanding their decisions, are exercising their freedom of choice, are not underage, and are not being forced.
A father sued for habeas corpus to recover his daughter, a fifteen or sixteen-year-old girl, who had been unlawfully detained. According to the respondent, in this case, he had entered into a valid Nikah with the girl in question approximately three years prior to the filing of the habeas petition. In this instance, the Nikah was contracted as a result of an exchange marriage or watta satta.
The alleged husband presented a registered Nikah Nama to the court in order to prove his marriage to the alleged wife, and at the next hearing, he presented an attested copy of the Nikah Nama taken from the Union Council. In relation to the filling of the columns regarding Mahar (dower), the Court observed a discrepancy between the two documents and ordered that the Assistant Director of Local Government investigate the discrepancy within six weeks and submit a report to the Deputy Registrar of the High Court pertaining to the discrepancy.
As a result of a discrepancy between the husband’s nikahnama and the attested nikahnama from the Union Council, the Court ordered an investigation into the matter. In light of that inquiry, the Court concluded that there was no dower issue here, but an underage marriage, which led to proceedings being brought against the nikah registrar. In this case, the Court found that the alleged Nikah was performed on an underage girl when she was 12/13 years old. The District Collector was instructed to take legal action against the Nikah Registrar for registering underage marriages.
Marriages performed under Muslim Law are required to be registered under Section 5 of the Muslim Family Law Ordinance.
Union Councils appoint Nikah Registrars in their areas and license those Nikah Registrars for the purposes of registration. In either case, the Registrar is either given a seal or is permitted to use one which bears both the registration number of the Union Council as well as the Registrar’s license number.
Marriage can be registered at any time, but it is advisable to register it as soon as possible.
Registration is generally completed by the parties themselves.
The NADRA registration is another requirement. Every marriage must be registered with NADRA, regardless of whether it is governed by Muslim law or not. It is mandatory to register. The Nikah Nama is not substituted for the certificate of marriage issued by NADRA.