Nikah and Nikah Nama | Pakistani Nikah Nama | NADRA-marriage-certificate

Nikah and NikahNama

October 20, 2022

Nikah and Nikah Nama | Pakistani Nikah Nama | NADRA-marriage-certificate

What is Nikah?

Muslim marriage is called Nikah in Arabic, and it is mentioned in the Holy Quran. Marriage is considered to be a Nikah in the Islamic tradition, and no specific rituals are required. Despite religious and social restrictions, Muslim marriage is a contract that follows the following requirements:

The procedure involves a declaration of marriage (aijab) by one party and its acceptance (qabool) by the other party, with both parties being able to marry and expressing their acceptance at the same time, both parties having the capacity to marry. Either party may make an offer, and either party may accept the offer.
The free and full consent of both parties to the marriage must be obtained (a guardian can marry a minor without invalidating the marriage, but he or she is still responsible under the Child Marriage Restraint Act 1929 (CMRA))
As a requirement to prove the authenticity of the statement, two adult, sane Muslims must witness the statement (a man and two women).

Offering and Accepting the Nikah Marriage Contract

It is essential that the Nikah be performed in one sitting in order to avoid any complications. Nevertheless, this can also be done through the use of a representative (vakeel) in order to offer and accept the Nikah, making it possible for both parties to be physically present at the ceremony. It is possible for either party to perform the Nikah over the phone or via Skype if neither party is physically present at the actual ceremony itself. For example, the Nikah can be performed over the phone or via Skype (Online Nikah). There is a common practice where representatives from both sides meet and discuss matters in one place, and then the representative from the other side is contacted over the phone or via Skype to coordinate things with the other party’s representative, if he or she is not present. The representative fulfills the offer and acceptance responsibilities of the actual party in front of witnesses. A marriage of this type is recognized by the Pakistani government. Many countries do not recognize such a marriage, which is often referred to as a proxy marriage, regardless of whether it is recognized under the law of the country in which it was initiated or not, regardless of whether it is recognized under the law of the country in which it was solemnized.

Minimum Age for Marriage/Nikah:

A federal Shariat Court (FSC) ruling was issued in October 2021 pertaining to the Child Marriage Restrictions Act (CMRA) 1929, which stipulates that the minimum age requirements for a girl’s marriage should be 16 years old, and the minimum age requirements for a boy’s marriage should be 18 years old. In addition to age, there are other factors that are also important to keep in mind:

Gender: There should be two people in the group, one of whom should be male, and the other one should be female.
Mental Capacity: Both parties involved must be in a mental state of good health and not suffering from any mental impairment.
Religion: There must be at least one Muslim in both parties, or one of them may be a Muslim male and the other one may be an Ahlul-Kitab or Kitabia woman (follower of a revealed religion). Generally, in Pakistani law, a Muslim woman cannot marry a non-Muslim man (even if it is a kitabi man) if the relationship is legally recognized by Islamic law, as it is against Muslim rules.

Consent For the Nikah/Marriage:

For a contract to be legally binding, all formalities and conditions must be agreed upon by both parties freely and voluntarily in order for it to be legally binding. It is essential to give a clear consent, without any ambiguities. In order to accept something, one must express it openly and consciously without being intimidated or forced. Marriage is invalid if it is entered into without consent or if it is acquired through force, fraud, coercion, or misrepresentation.

If a woman is forced to marry against her will, there will be a criminal penalty for that act, since the offenders will be prosecuted for their crimes in court. The Family Court can declare a marriage null and void even if the woman obtained a decree declaring the marriage null and void, even though it was a lawful marriage.

A decree like this is known as a jactitation of marriage. It is possible to include the registrar in the proceedings if the forced marriage falls within the scope of the offence of forced marriage as defined in the Penal Code so that the registrar becomes a party to the proceedings. It is unlikely that this will happen in the absence of that.

During the course of the proceedings, a question will be raised regarding the validity of the marriage. However, in addition to what has been stated, if the marriage was not a forced marriage as defined by the Penal Code and the bride complained about a particular condition but did not express her concerns during the wedding ceremony, then the registrar is not liable.

Witnesses Should Sign on the Nikah Nama

When the registrar is appointing the vakeel for the nikah, he or she should make sure that the witnesses who are appointing the vakeel for the nikah are not the same witnesses who are appointing the wedding vakeel. It hasn’t happened in any of our cases so far as we are aware, and as far as we know this has never happened. As far as we know, we have not heard of any cases in which this problem has been encountered. This is something that would be handled administratively at the UC level, according to my understanding.

Dower (Meher) should be Mentioned on Nikah Nama Form

Dower is an essential component of a Muslim marriage that must be fulfilled for it to be considered valid. It is a sum of money that is paid to the wife by the husband at the time of negotiating the marriage contract between them. In the course of this process, it is commonly referred to as the “consideration of marriage” process. It is a mandatory It is required that there be a requirement in Pakistan to fix this amount at the time of marriage, and that the applicable law there specifies that the fix has to occur at the time of marriage. In spite of the fact that it is not mentioned in the Nikah Nama at the time of the marriage and no special amount of money or any other property is specifically mentioned, regardless of the fact that a marriage contract exists, the woman’s right to claim dower is not affected.

Registration of Marriage

According to section 5 of the Muslim Family Law Ordinance 1961, it is a legal requirement that all marriages which are conducted in accordance with the Islamic Law must be registered. It is important to note that every Union Council appoints a Nikah Registrar in its area for the purpose of registering Nikahs, and this Nikah Registrar is then granted a license by the Union Council for the purpose of registering Nikahs in the Union Council’s area. It is the responsibility of the Registrar to either receive a seal from the Union Council or to obtain permission from the Union Council to use one that bears both his license number and the number of the Union Council in order to authenticate his identity. Generally, there is no time limit when it comes to registering a marriage, although it is always advisable to register it as soon as possible after it has taken place.

Structure of Marriage Certificate

Marriage Certificates can be roughly divided into three categories based on the information in the columns.

For the first category of columns, there is the need for factual information that pertains to both parties. The Nikah Khwan/Registrar should make sure that the name of the parties and their date of birth on their ID cards and/or B Forms are the same as the ones on their ID cards and/or B Forms. You may mention both the current address and the permanent address if the current address differs from the permanent address. The Child Marriage Restraint Act of 1974 states that if the documentation is not checked and the marriage is determined to be an underage marriage, the parties will be liable for the consequences under this act.
In the second category there are aspects related to the marital status of the bride and the appointment of a vakeel or a representative to represent her. It is not necessary for the bride to appoint someone as a vakeel in order to have a successful wedding. As far as she is concerned, if she has not appointed someone to represent her on her behalf, then it needs to be clearly stated that she has not appointed anyone to represent her. If this is the case, then the next two columns for the names and relation to the bride of the two witnesses to the appointment of the bride’s representative must be filled in with great care.
In those columns, it should be explicitly stated that they do not apply. There is no requirement that the witnesses are related to the bride, but they must state their relationship to the appointment of the bride’s representative if any. It is impossible for these two sets of witnesses to be the same.

Structure of Nikah Nama (Marriage Contract)

Pakistani Nikah Nama certificate consists of 24 columns:

According to Rule 8 and 10 of the Muslim Family Ordinance 1961, this form has been preferred in order to comply with them.

Nikah Name/ Marriage Certificate

Clauses 1-6 of the Nikah Nama (one by one)

Provide information that is fundamental to the process. You will need to provide information about the location, the names of the bride and groom, and the names, addresses, and ages of their fathers. In clauses 3 and 6, it is mentioned that the groom’s and bride’s ages are mentioned. There are a large number of child marriages that take place in Pakistan, as described in this paragraph. In most regions, a bride must be at least 16 years old and a groom must be at least 18 years old, except in Sindh, where both must be at least 18 years old. As far as I know, Sindh is the only province in which the 1929 Child Marriage Restraint Act has been repealed. Children are defined as anyone who is under the age of 18 if they are male and 16 if they are female. In Sindh, a child is defined as someone under 18 years of age in the Kid Marriages Restraint Act.

7-11: Attorneys and the witnesses’ information

Attorneys and witnesses for the couple are listed in these provisions.

12: Date of Solemnizing Marriage

A wedding date is mentioned in clause 12.

13-17: Specifics about Haq Mehr

I believe it is critical that the bride pays attention to Sections 13 to 17 since they indicate the bride’s, Haq Mehr. A Haq Mehr (which is also known as a dowry or a guarantee for marriage in the English translation of the Nikah Nama) is a gift that is presented to a woman during her wedding ceremony to provide her with financial security should she decide to get a divorce in the future. The bridegroom has to make sure that her home is compensated for by the bride. It can be waived by the bride. A Haq Mehr is a valuable item, such as a piece of property, jewelry, money, etc. It was paid during the wedding ceremony by Haq Mehr. It may be deferred and paid later on the basis of the agreement or at the request of the wife.

Nikah Nama clause 15 discusses whether or not the Haq Mehr is paid up front, and how much should be paid up front.

Dower is addressed in clause 16. In that case, what is the property’s value and what are the specifications agreed upon between the parties?

18-19: Divorce

There is a provision in the Nikkah Nama that guarantees a divorce to the bride. There is a very common practice in Pakistan where these parts are chopped off during the Nikkah without the bride’s consent. Clause 18 of the act asks the husband whether or not he has divorced his wife and, if he has, what conditions are associated with the divorce. There is a question in clause 19 that asks whether the divorce rights of the husband were restricted. In case the wife is able to divorce, she is able to retain her Haq Mehr as well. In the event that a divorce is denied, a Khula must be filed by the woman. It is important to note that in Khula cases, a woman must sacrifice her Haq Mehr.

Clause 20 – Guarantees and Allowances

In clause 20, the parties are asked whether they have a monthly allowance and an agreement is guaranteed throughout the marriage. If you do, please explain why. As experts believe, this part might contain an allocation of tasks and chores between the couple and might also give the woman the right to pursue her career or education to the extent that she chooses. I think that this section of the contract could be very helpful in setting the tone for the marriage and in ensuring that duties and responsibilities are not a problem in the future.

21-22: Groom’s Marriage:

This is another important portion of the Nikah Nama. In the question, the groom is asked whether he is married. In that case, has he obtained his first wife’s consent for remarriage and provided proof? If a husband marries a second time without his first wife’s permission, the marriage will not be canceled, but it can be punished with a fine and prison time.

23–25: Nikkah Khawan Information, Registration Date, and Fee

This section covers the Nikkah Khawan’s details, the date the Nikkah was registered, and the registration cost.

Signatures:

Under clause 25, the bride, groom, witnesses, Nikkah Khawan, and Nikkah-registrar sign.

An electronic marriage certificate

According to the Muslim Family Law Ordinance 1961, you must register your Nikah Nama with the Nikah Registrar or the area and obtain a Marriage Registration Certificate (MRC).

Alternatively, NADRA can grant your family a Family Registration Certificate (FRC), which allows them to access public services and apply for visas. A FRC can be obtained through Pak-ID or at any NADRA office.

A computerized marriage certificate is also offered by the Union Council. As a result of this marriage document, couples are able to alter their CNIC status. In order to obtain a computerized marriage certificate, you must provide the Nikah Nama. It is internationally recognized that the Computerized Marriage Registration Certificate is a requirement for obtaining a visa. Computerized marriage certificates are issued by officials

A computerized marriage certificate can be obtained from the following agencies:

Union Council
TMA stands for Tehsil Municipal Administration.
Arbitration Council Office documents for computerized marriage registration

Documents Required to Apply For a Computerized Marriage Certificate:

Nama Nikah (Take the original Nikah Nama along with you).
CNICs for the bride
The groom’s CNICs
Nikah Khawan’s CNIC
Passports (if the spouse is a foreigner).

As soon as you get married, you should update your CNIC. You will need to bring your Computerized Marriage Registration Certificate as well as your spouse to your local NADRA registration center in order to update the information on your CNIC.

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