Understanding Nikah Nama and Its Importance

  

Nikah Nama and Its Importance

Nikah Nama, also known as the legal marriage contract, is one of the most common documents in Pakistan and outlines the main terms and conditions and the rights and responsibilities of both parties (bride and groom) entering into a marriage. This paper is the main binding element of Islamic marriage and a legal contract under the Ordinance of Muslim Family Law of 1961.

The Nikah Nama is a crucial document, and it is the legal right of every bride and groom to be aware of the main clauses mentioned within it. 

Pakistan is among those countries where the marriage system lies in the hands of a patriarchal society, and women in such societies are mainly unaware of the comprehensive understanding of their legal rights. This blog is going to provide some insight into the specifics of the Nikah Nama, highlight the essential clauses, and emphasize the importance of ensuring women are fully informed and empowered before entering into a marriage contract.

 

Nikah Nama In Urdu

Generally, Nikah Nama encompasses several clauses which cover various aspects of the marital relationship, including financial matters, the rights and obligations of both parties and the conditions of the divorce. Unfortunately, in Pakistan, the Nikah Nama is frequently composed and signed by an elderly male and the Nikah registrar on wedding occasions.

It is the legal right of all girls to be aware of the rights mentioned in Nikah Nama, and if the law grants such rights to girls, then no one should have the right to oppose them. The bride and her family must follow the terms and conditions of the Nikah Nama and fill it out accordingly.

Generally, in patriarchal societies, women's legal rights are ignored or infringed upon by their family members. These types of experiences highlight the crucial relevance of Nikah Nama for young women, who are about to engage in a marriage contract. Women must know the main clauses of their Nikah Nama before signing it, reconsider it with the groom, and consult family members, to ensure that the document appropriately reflects their legal rights.

The Nikah Nama is the legal document to protect the rights and interests of both parties in a marriage; however, due to various reasons such as societal norms, lack of awareness, or even family pressures, women often find themselves unaware of the contents and importance of their marriage contracts. The unawareness may lead to severe consequences later in life, like leaving women with fewer financial options and minimal legal protections. Before signing the marriage, it is imperative for every woman, especially for her parents, to be aware of the specifics of their daughter's Nikah Nama.

 

Nikah Nama In English

Many families in Pakistan see Nikah Nama as nothing more than a piece of paper; they are unaware that their daughters' security and property rights are breached, leaving them vulnerable and without any social protection or legal redress in case of family troubles.

It's the legal right of all brides to energetically participate, review, and discuss the Nikah Nama and ensure that their legal rights are protected and defended according to Pakistani Law. Women must know and thoroughly understand each clause of the Nikah Nama. 

Here are the different clauses of Nikah Nama that every woman should know before signing them. 

Clauses in Nikkah Nama

Clauses 1 - 12 All general information

These clauses include basic family information (names and addresses of the bride and groom, their relatives, and witnesses) and addresses in the Nikah Nama. The bride's marital status (divorced or widowed) and how many kids she has are included in the fifth clause.  

According to clause 6 of Nikah Nama, the age restriction for female marriage is 18 years old in Sindh, and in other provinces, it is 16 years old. The marriage of minor girls is illegal in Pakistan, and Pakistani laws forbid the minor's marriage.

 Clause 13 to 16: Dowry

In Nikah Nama's clauses from 13 to 16 address dowries (Mahr). Dowries are gifts given to the bride by the groom out of love and respect family members decide the quantity and type of Dowry. The two primary types of dowry are prompt (Muajjal) and deferred (Muwajjal). When requested or, more frequently, at the start of a marriage, the husband has to pay the prompt dower to the wife.

Any asset or monetary gift that the husband gives to his wife as a whole or part of the dower amount is a deferred dower. Depending on the agreed-upon schedule, the deferred may be paid later, when the marriage contract expires, or after the husband's death.

Clause 17: Optional Conditions

Clause 17 in Nikah Nama addresses optional conditions. It essentially indicates that the parties may wish to set any conditions, and they can become part of the Nikah Nama.

 

Clause 18 and 19 – The Right to Divorce

These are the most crucial clauses in the Nikkah Nama, and sadly, most families cut them off during the Nikkah ceremony without understanding their significance or without the agreement of the bride. It is crucial for the bride to thoroughly understand these two clauses because:

Clause 18

It defines whether the husband has granted his wife the right to divorce, and if so, what are the terms decided for it? 

 Clause 19

And Clause 19 in Nikah Nama states that a husband has the sole right of divorce, which cannot be taken away but can be restricted. 

If the wife is granted the choice of getting a divorce at the husband's will, then she will have the option of ending the marriage on her own. The marriage contract between the couples will expire if disagreements are not settled after three weeks. 

 In some situations, if a wife divorces her husband, she will be permitted to keep her Haq Mehr and any present she got from her spouse. If the right to divorce is not granted to the wife by the husband, then she can file for Khula from the court. Khula is conditional and is granted by the court, and in Khula, the wife must forego or withdraw her Haq Mehr and maintenance.

Clause 20 – Guarantees and Allowances

According to Nikah Nama clause 20, if the parties (bride and groom) have any arrangement about monthly allowances and guarantees as a married pair living together, they can mention the specifics on Nikah Nama.

The division of responsibilities and chores among the couple, according to this part, allows the woman the right to continue her professional career or study. It is an essential clause that can assist the tone of the marriage and avert any disagreement that may develop after marriage in the context of the husband and wife's roles and obligations.

Legal Rights of the Bride are Suppressed by Families

 Clause 21 and 22 – Marital Status of the Groom (Husband)

If the husband plans to enter into many marriages, the Nikah Nama can include provisions for consent, financial consequences, and later marriage requirements. Women must understand their legal rights to consent to or withhold consent to polygamous marriages.

These Nikah Nama sections clarify whether the groom is married or has another wife. If this is the case, has he received his first wife's permission to marry again and presented documentation of approval for a second marriage? Many religious authorities criticise and defend this section, stating that Islam has granted permission for more marriages and that it is unnecessary to acquire approval from the first wife. Marriage without the first wife's consent is a criminal offence in Pakistan, with punishment and penalty.

 Clauses- 23 to 25

According to Clause 23 to 25 of Nikah Nama, the basic information of the Nikkah Khawan, the Date of Nikah and the Fee of Nikah Registration are mentioned.

Empowering Women Through Education and Awareness 

·       Before signing the Nikah Nama, both the bride and groom must be well-informed about their legal rights and duties.

·       Unfortunately, women may not have the opportunity to fully comprehend or negotiate the terms of the Nikah Nama due to cultural norms, a lack of understanding, or family pressure. 

·       Due to a lack of understanding of different clauses, women may be more vulnerable and they will be without proper legal protection in the future. 

·       Families, religious leaders, and society must educate women about their legal rights, such as financial assistance rights, property ownership, inheritance, and access to social security, to address this issue. 

Women should be encouraged to seek legal assistance or work with women's rights organisations to ensure that the Nikkah Nama reflects their best interests and protects their rights in the long run.