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Nikah Nama: Nikah is the Main Part of a Muslim Marriage

Nikah Nama/Nadra Marriage Certificate/Nikahnama

Nikah Nama/Nikahnama is a document that outlines the terms of a Muslim marriage contract. Nikah Nama is signed by both the bride and groom and witnesses, and is then registered with the local authorities. The nikah nama typically includes the following clauses:

– The bride’s consent to marry the groom.
– The dowry that will be paid by the groom to the bride’s family.
– The rights and responsibilities of the husband and wife.
– The conditions under which the marriage can be dissolved.

The nikah nama is an important part of Islamic law, and ensures that both parties to a marriage are fully aware of their rights and obligations. It also helps to protect women’s rights in particular, by ensuring that they are not married against their will or without their knowledge.

Concept of Marriage in Islam

A marriage under Islamic law is a contract governed by the principles of offer and acceptance. This means that either the parties involved or the representatives of the parties must make clear their intention to enter into a contract either by themselves or through a third party.

In Islam, marriage does not have the indissoluble nature of a sacrament as it does in Christianity. Marriage in Islam is more of a contract than a ritual or sacrament.

Among Muslims, marriage is not a sacrament, but rather a civil contract, as determined by the Islamic courts in Khurshid Bibi v Muhammad Amin. The terms and conditions of such a contract may have spiritual and moral overtones and undertones, but in essence, it is still a contract between the parties that can be dissolved by the parties for good reason if necessary.

Nikah Nama

Marriages conducted under Muslim law must be registered under MFLO 1961

The Muslim Family Laws Ordinance (MFLO) 1961 governs marriages performed under Muslim Law in Pakistan. Regardless of other laws, customs, or usages, the MFLO takes precedence, and marriages conducted under Muslim law must be registered under its provisions. Muslim marriages are contracts and in order to record these contracts, a standard form called the Nikah Nama has been prescribed. According to Muslim law, marriage does not have a definition in the MFLO. Generally, Muslim jurisprudence defines what constitutes a valid Muslim marriage and its prerequisites.

Nikah Procedure in Pakistan

Nikah, an Arabic word, is a Muslim marriage, mentioned in the Quran. A Nikah is entered into during marriage and there are no specific rituals prescribed in a religious sense. Islamic marriage is a contract regardless of religious or social directions regarding it. It consists of the following requirements:

 

  1. a)   One party’s offer (aijab) of marriage, and the other party’s acceptance (qabool), with both, expressed at the same time. Either party can make the offer.
  2. b) Both parties must give their free and full consent (a guardian can give a minor in marriage without resulting in an invalid marriage; however, liability may exist under the Child Marriage Restraint Act 1929 (CMRA).
  3. c)   A minimum of two adults, sane Muslim witnesses (either two men or two men and two women).

Ijab-o-Qabool (Offer and Acceptance)

A single sitting is required for the Nikah. When the parties are not physically present, Nikahs can also be performed over the phone or through Skype so it is possible to offer and accept the Nikah through the representatives (vakeel).

During such a Nikah, the witnesses and the representative of the other party meet in one place, and the representative of the other party is contacted via phone or Skype. In the presence of witnesses, the representative fulfills the responsibilities of the actual party. Pakistan recognizes such marriages. A proxy marriage is usually not recognized by many legal jurisdictions regardless of whether it was solemnized under the law of the country where it was conducted.

Nikah to be Registered under Pakistani Law

The bride must be present at the ‘one sitting’ in order for the Nikah to be registered under Pakistani law.

It is necessary that witnesses to the marriage, the groom’s representative, and the person who solemnizes the marriage be present at the same time. A phone call or Skype call can be made to the groom. In the area where the marriage was solemnized, the Nikah Registrar will register the marriage. The Nikah Nama must be signed by the groom and bride or their authorised representative/s. 

In a valid marriage, both parties must have the capacity to give full and free consent. As far as age, gender, mental capacity, religion, relationship to each other, and marital status are concerned, the following factors are relevant to the evaluation process: The following are relevant to marital status:

 

          Age: The CMRA specifies a minimum age of 16 for females and 18 for males for marriage.

          Gender: There must be one male and one female.

          Mental Capacity: Sound mental capacity is required.

          Neither party can be an al-Kitab (follower of a revealed religion) while the other party must be a Muslim. It is important to note that Muslim law does not recognize marriages between Muslim women and non-Muslims, even al- Kitab men.

 

The nikah registrar is not subject to any specific law in regards to their liability. It is not necessarily the role of the nikah registrar if any of these factors affect the validity of a marriage.

  
 

Consent for the Nikah 

All formalities and conditions must be agreed to by both parties freely and fully. There cannot be any ambiguity in consent. In other words, it is a conscious declaration of acceptance without any external coercion or intimidation.

 

A marriage that is void is one that is forged, coerced, fraudulently obtained, or fraudulently  represented to be valid.

If In the case of a woman being forced into marriage against her will, the offender may be subject to criminal penalties. Even if the marriage was registered under the law, the woman can obtain a decree declaring the marriage null and void. Jactitation of marriage is such a decree.

 

If The registrar can be made a party to the proceedings if the forced marriage falls within the definition of forced marriage in the Penal Code. It’s unlikely if that’s the case. Once again, the validity of the marriage is at issue.

 

If In contrast, if the bride is unhappy with a particular condition but does not reveal it at the time of signing the nikah nama, then the registrar won’t be held responsible for it.

 

Witnesses of the Nikah

In order to ensure that the vakeel is not appointed by the same person as the marriage, the registrar must ensure that the witnesses are not the same person.

So far, there has not been a case in which this has been a problem. Administratively, this would be handled by Union Council.

 

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