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What is Nikah Nama? What Nikah Nama contains in Muslim Marriages?

What Nikah Nama contains in Muslim Marriages?

The Nikah Nama serves as a document that records all the details of a Nikah. It records the personal details of the parties to the marriage such as:

  • Amount of dower, 
  • Conditions of the Nikah settled between the parties and the 
  • Names and addresses of the witnesses to the marriage. 

The marriage certificate serves as proof of marriage and as a public document, it is admissible as evidence in court if there is a dispute regarding the marriage.

Based on the language of its columns, distinguished by numerical numbers, the Nikah Nama records the facts and conditions that have been agreed upon between the parties. In the Nikah Nama, information should be recorded carefully and in the manner in which it is being requested. To avoid ambiguity in case of disputes, the facts recorded should be clear and understandable. The penalty for violating this is a fine of twenty-five thousand rupees and up to one-month imprisonment.

Nikah nama - rightlaw.pk
Nikah Nama - rightlaw.pk

Conditions in the Nikah Nama

Nikah Nama must include the conditions of the Nikah at the time of the Nikah or before it. The parties can, however, revise any conditions with mutual consent, and it is better to record them in writing in the form of an acknowledgment or agreement according to their nature and register it separately with the Registrar under the Registration Act, 1908.

Nikah Nama can be divided into 3 categories

  1. Both parties need to provide factual information for the first category of columns. Nikah Khwans/Registrar must verify that the names of the parties and their dates of birth are identical to those on their ID cards or B forms. Both addresses can be mentioned if there is a difference between the current and permanent addresses. The Child Marriage Restraint Act imposes liability on the parties if the documentation is not checked and the marriage is found to be underage. 
  2.  In the second category, the bride’s marital status is determined and she can be appointed a vakeel or a representative. No one has to be appointed as a vakeel by the bride. The fact that she has not appointed anyone as her representative must be indicated. The next two columns detailing the names and relationship of the bride’s witnesses to her appointment must be filled in carefully. It should be indicated that these witnesses do not apply. There is no requirement for the witnesses to be related to the bride, but it is required that they state their relationship to the appointment of the bride’s representative, if any. It is not permissible to have the same witnesses for both sets.
  3. In the third category of columns, the conditions and settlements of the marriage are discussed. Column 17 asks whether there are any special conditions. You can use this column to include conditions about mutual responsibilities and various aspects of marriage. If conditions in column 17 are time-bound, that is, applicable only within a certain time frame, or if they are applicable for the duration of the couple’s marriage. Conditions should be written clearly and unambiguously and ideally should not contain anything that can be interpreted, as that can cause difficulties in their enforcement.

The practice of ‘Watta Satta or exchange marriages is common in many parts of Pakistan, where both parties agree that they will give a woman in exchange for marriage. 

Nikah Namas can include this condition, or parties may draw up a separate contract on stamp paper and refer to that in the Nikah Nama.

Column 18 in Nikah Nama:

Does the husband have the right to delegate talaq to his wife? If yes, under what conditions? A couple can unilaterally terminate their Nikah by pronouncing talaq according to Muslim family law, and this is a right that can also be delegated to their wife. Consequently, both the husband’s and the wife’s rights remain intact. A woman can use this right to pronounce talaq upon herself on behalf of her husband and must follow the same procedure as a man would have to if he used it.

Column 19 in Nikah Nama:

In column 19, it is asked whether any restrictions have been imposed on the husband’s right to talaq. This right can be conditional, but it does not mean that the husband has lost the right to pronounce talaq in its entirety. Additionally, it must be made clear that the law does not require the husband to give a reason for the divorce. Talaq is affected if the stated procedure is followed.

Other Aspects of a Nikkah that can have a Legal Impact

Relinquishing of Dower

Ultimately, it is up to the woman to relinquish dower. Dower can be relinquished or gifted according to law, but it is the burden of proof on the person who has to pay it. To ensure that the wife has acted as a free agent in relinquishing her dower in the event of a dispute, the Court must ensure that she was not coerced, etc. A person who relinquishes dower through an affidavit must substantiate that affidavit.

Other Gifts

Brides receive bridal gifts from their mother-in-law and her parents when they get married. Jewelry given to the girl by her boyfriend belongs to the girl, while jewelry given by the boy belongs to him. The wife may file suit for compensation if the husband fails to honor a promise or undertaking to give her a gift (cash or property) recorded in the Nikah Nama (usually in column 17).

Polygamy

It is generally believed that a man needs the consent of his first wife to enter into a second marriage. He will, however, be required to obtain the arbitration council’s permission certificate. To seek permission for polygamous marriage, one must go to the Union Council of the residence of the applicant’s existing wife at the time of the application, even if the home is in a different city.

Underage Marriages:

Child Marriage Restraint Act (CMRA) 1929 is the applicable law in this case. In 2015, the Act was amended. This law was not fundamentally altered by the amendments; they only strengthened punishment for certain violations. CMRA25 defines child marriage as one where either one or both of the parties are under the legal age of marriage (18 for females and males). Child marriage is not invalid. Marriages of this kind continue until they are either repudiated or ratified by the parties involved. A nikkah without rukhsati is still illegal.

Forced Marriages

A valid Muslim marriage requires free consent, and a marriage obtained by force or misrepresentation or without free consent is invalid. The Pakistan Penal Code (PPC) or any other law that applies to any form of forced marriage may punish some forms of it.

Online/Offline Nikah Service with Nikah Nama in English & Urdu

Nikah is an Islamic requirement for all Muslims. Providing Nikah Nama (Nikah Papers) in English and Urdu at your home or office in Karachi, Islamabad, and Rawalpindi. Our Nikah Khawans (Qazis) can be booked for Nikah ceremonies/functions at your home, marriage halls, banquets, or hotels/clubs in Karachi, Islamabad, and Rawalpindi with Urdu or English Nikah Nama and for the prompt registration of Nikah with Urdu or English Nikah Nama. The translation of Nikah Nama into English, Arabic, Persian and other languages is also available from legal services.

Online Marriage-Nikah (Nikaah or Nikah) Service For Non-resident Pakistanis

Pakistanis residing abroad can avail of online nikah (nikah or nikah)/ marriage services. The service of Right Law Associates allows you to get married within 20 minutes:

It takes only 20 minutes to complete the Nikah or Online Marriage process in Pakistan. If you live in various cities or countries, such as the UAE, Saudi Arabia, the UK, the USA, Canada, Australia, etc., this is your best option.

Nikah (Nikaah or Nikah) Service For Karachi, Islamabad, and Rawalpindi

Since 2012, we have offered an online ordering system for Nikah services in Karachi, Islamabad, and Rawalpindi, and our Nikah Khawans (Qazis) are always available to perform your Nikah ceremonies at your home, in your marriage hall, or during your banquet. Nikhat nama is available in both English and Urdu.

Nikah Khawan Service-Advance Booking For Nikah (Nikaah or Nikah)

You can also visit our offices in Karachi and Islamabad to book our Nikah Khawan (Qazi). For booking our Nikah Khawan (Qazi), or through a call.

Call Right Law Associates now to get legal help!

Are you looking for a trustworthy and expert law firm to get legal help? Right Law Associates can help you with that. Right Law Associates is a team of professional lawyers in Karachi, Islamabad, and Rawalpindi serving for more than 30 years in the fields of Family Law, Civil Law, Criminal Law, Business Law, etc. Please give us a call on 0331-6644789 for Civil Marriage, Court Marriage, Online Marriage, or Nikah Online, Nikah Khawan Service (Qazi Service for Nikah). We also deal in various family matters such as Divorce, Khula, Dissolution of Marriage, Child Custody Child Maintenance, etc. We look forward to assisting you!

FREQUENTLY ASKED QUESTIONS!

What is Nikah nama

NikahNama, or marriage contract, contains all of the details of the union, including the names of the parties, their personal information, their financial status, the form of payment of Mehar, and other information.

Who issues Nikah Nama?

Under Section 5 of the Muslim Family Law Ordinance, all marriages performed under Muslim Law must be registered. To register, each Union Council appoints a Nikah Registrar in its area, who is granted a license by the Union Council.

What is the difference between Nikah Nama and Marriage Certificate?

Nikahnamas hold higher legal status than marriage certificates, even though they are both issued by the Qazi. These documents are official records of marriage. The registry book of Nikahnama must contain all marriage records recorded by Qazis. In addition, the qazis provide the couple with two attested true copies of the Nikahnama – one for the bride and one for the groom. In the Qazi’s office, a marriage certificate is simply an attestation that the marriage has been registered. A valid Nikah nama must accompany a marriage certificate.

How do I get nikah nama?

Nikah Nama can be obtained using the Marriage Services of Right Law Associates in Karachi, Islamabad, and Rawalpindi. All you need is to contact us to consult your requirements with our expert family lawyers. 

How many witnesses are required for nikah?

The marriage must be performed in the presence of: 

Two witnesses are required to perform a nikah. In case you do not have any witnesses, don’t worry, Right Law Associates can arrange that for you. 

Can parents be witnesses for nikah?

Is it possible for parents to witness a marriage? Yes, either the bride’s or the groom’s parents can be witnesses. This might seem to be a ‘conflict of interest,’ since the role of the witness is to ensure the legality and propriety of the ceremony.

 What is NADRA Marriage Registration Certificate?

In the same way that NADRA Birth Certificates are fully computerized and authentic documents containing Urdu and English content, NADRA Marriage Registration Certificates are also 100% computerized. These official NADRA Marriage Registration Certificates are now being used in many legal matters in Pakistan and other countries of the world in place of Urdu Nikkah Nama.

Why is Marriage Certificate / Nikkah Nama / NADRA Marriage Registration Certificate needed?

Marriage Certificates serve as an official record of the marriage of two people, and they are essential for proving a change of name following marriage, for establishing bank accounts, for divorce, for adoption, for pensions, and for passports.

What documents are required for the issuance of a Marriage Certificate in Pakistan?

If you wish to obtain a NADRA marriage registration certificate in Pakistan, you will need the following documents:

 

  • Copy of CNIC (Pakistani ID Card) from the groom
  • Copy of CNIC from the bride
  • CNIC copies from father & mother of bride and groom
  • Copy of CNIC from Nikkah Khawan (Molvi)
  • An application form (filled and signed by the applicant)

How long does it take for the issuance of a Marriage Certificate in Pakistan?

As far as the issuance of Marriage Certificates is concerned, there is no specific timeline in Pakistan. The completion of this process may take between 7-15 working days, depending upon the case.

How can I marry online in Pakistan?

By hiring a Lawyer at Right Law Associates they can perform an online marriage in Pakistan by using the Pakistani Marriage Laws and Sharia (Hanafi School of Thoughts). Both spouses do not have to be Pakistani citizens to get married online in Pakistan.

What is a Wakil in Islam?

Generally, a wakil (agent), in older literature, vakeel, acts as a representative, delegate, or agent on behalf of another. Lawyers, diplomats, and custodians of mosques and religious orders are all examples of the term.

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