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Nikahnama is the form used to fulfill a nikkah, whether in person or online nikah. A Marriage is not just a religious ceremony, but it’s also a legally binding contract of sorts. Unlike marriages in other countries, a nikkahnama can actually act as a safeguard for assets of the bride and groom if used properly.
Understanding the different sections that make up the nikahnama (The nikkah form) is not only useful but practical as its a legal document. in this article, we will go through the nikkahnama and discuss the various nikahnama clauses and sections with their importance.
Laws behind the Nikahnama
The laws governing the nikahnama can be found in the Muslim Family Law Ordinance 1961. The nikahnama validity in the eyes of the law (which is registered) is considered a public document, but where execution of nikahnama is disputed, it’s not treated as a public document (citation 2000 YLR 577). Nikahnamas could discuss spouse maintenance and child maintenance matters, although these may not be binding.
The legislation of its distribution was dictated in order from the court (citation PLD 2000 Lah 355) that there would be 4 copies of the nikkahnama. One would be kept by the registrar of the nikkah, one by the municipality (or union council). The other 2 would go to the husband and wife so that they could keep a copy for themselves each.
Marriage under Muslim Law is a civil contract and not a sacrament. It is ordained by God in the Holy Quran and it is for comfort, love and compassion
2003 CLC 878
Dower and Haq Mehr
Haq Mehr is a mutually decided gift given to the wife by the husband. The history and Islamic importance of this are relevant to this day and are non-returnable in the event of talaq, and partially returnable in the event of a khula.
The asset or amount is mentioned in sections 13-16 (and section 20) of the nikahnama. Dower can be given on the spot (Known as Muajjal) or it can be deferred (known as Ghair Muajjal)
Entries relating to alienation of property in lieu of dower does not make it an instrument of document of transfer of property but merely as a record of it. Document if nikahnama coupled with the evidence of the person who solemnized such nikah and witnessed all the recitals contained therein would be sufficient in the ordinary course to prove factum of alienation of property unless there is strong rebuttal of it.
1989 SCMR 651
There are a total of 25 Sections of the Nikkahnama. These nikahnama clauses specify a different term of the marriage. Let’s go through them one by one
- Details of the Bride and Groom
- Sections 1 to 5 of the nikahnama clauses cover personal details of the bride and groom.
- Brides Age and Marital Status
- Nikahnama clause 5 asks for the brides marital status, if she is divorced then a divorce certificate should be attached. Section 6 asks for the bride’s age (as per Pakistani law, she must be over 18 to register the marriage)
- Brides Representative
- Sections 7 is the part where the vakil (representative) of the bride comes in. This individual does not have to be a blood relative, but anyone that can represent the bride at that moment in time (i.e. a friend or colleague) who relays the consent of the bride to the marriage.
- Representative details of Bride and Groom
- Section 8 -11 asks for further details of the representatives on behalf of the bride and groom, and their Power of Attorneys if need be.
- Date of Marriage
- Nikahnama clause 12 states the date of the marriage
- Sections 13-16 (and section 20) deal with the assets, gifts, and Haq Mehr given to the bride fro the groom (or his family) which known as dower. In particular, the value (amount) and whether it was given at the time or deferred.
- Special Conditions
- Sections 17 and 20 refers to special conditions;These can be a prenumptial agreements or any terms mutually agreed upon by the bride and groom.
- Right to Divorce
- Section 18 asks if the groom has given any divorce rights to the bride, and section 19 asks if the bride wishes to curtail the husbands right to divorce.
- Maintenance Payment to the Bride from Groom
- Section 20 addresses the concern of the monthly allowance that the husband gives his wife every month. It also refers to special conditions of dower or otherwise, as mentioned above.
- Marital status of the Groom
- Section 21 addresses the groom’s marital status, and whether he has permission from his first wife, if he has permission, then that would be mentioned in section 22.
- Official Registry details
- Sections 22 and 23 are the details of the Nikkah registrar, along with the official date of registry on section 24, and the payment of fees on section 25, with the signatures of all the witnesses below that.
The contract of marriage is the most important of all human transactions. It is the very basis of the whole fabric of civilized society. The status of marriage is jus gentium.
2004 CLC 17
Witnesses in Nikahnama
There need to be 2 witnesses from the bride’s side, and 2 witnesses from the groom’s side, along with the vakil (representative) from the bride’s side. The groom’s requirement for a vakil is optional but is recommended.
The witnesses do not need to be related to the bride or groom and should be over the age of 18. Their details must be recorded, and if a copy of their ID can be attached then that makes it better, but it’s not a necessary step.
Marriage (nikah) is defined to be a contract which has for its object the procreatin and the legalizing of children.
1988 CLC 2399
Contact us for further information on nikahnama
As per the Laws of Pakistan for getting married (CMRA 1926), The legal minimum age for a Man to get married in Pakistan is 18 years old, and for a woman, it’s 18 years old. Our Lawyers also abide by our “24Justice.pk Fixed Fee Policy” which means you do not have to worry about any unknown and hidden extra charges.
To conduct a nikkah online Please fill in our form below. You will receive a response in 24 Hours from our Court Marriage Specialist, who will start the process once informing you of the timeline and fee’s. If you do not get a response, simply call us on 0308 551 0031 (Outside of Pakistan/WhatsApp Number 0092 308 5510031)