Understanding the Nikhanama

Understanding the Nikhanama

By Sadia Wali

https:/celebdhaba.com/know-nikahnama-animated-short-film-launched sharmeen-obaid-chinoy/


http://hellopakistanmag.com/hello-pakistan/sharmeen-obaid-chinoy-launches-fifth-animated-short-film-aagahi-titled-talaq-khula-divorce/

In matters of civilized behaviour women have the same rights over men as men have over women” — Al Quran (2:228). Women are equal to men in common responsibilities and in receiving rewards. On his authority from Ibn 'Abbas, women are acknowledged as an independent personality, in possession of human qualities and worthy of spiritual aspirations.  Women are neither inferior to nor deviant from that of their male counterparts.  Islamic law emphasizes the contractual nature of marriage; the Muslim women are protected in the nikahnama in the matter of matrimonial life. 

The nikahnama is a social contract between the groom and bride and under contract both the parties have to follow the terms and conditions of the contract. It is important to know the legalities regarding a marriage contract that is a ‘Nikahnama’.

While watching the three – minute short film by Sharmeen Obaid-Chinoy, “Know Your Nikahnama”, I realized the significance of Nikahnama in the matter of matrimonial life. Consequently, through my blog I have made effort to provide essential knowledge and understanding about the nikahnama which girls need to know before signing it. As mostly girls including me regret not having read this legal document thoroughly before signing it as we suffered the consequences later.

The videos highlighted important information that the bride should know before she signs this legal document and discussed the rights pertaining to Mehr, the right of divorce (Talaq) and the process of divorce/ khula.

A sound knowledge of the nikahnama can actually help the couple understand expectations and their duties towards one another. It is especially important for the bride to align each detail with her partner in order to safeguard her position in the marriage. However, it is a great tragedy that women are put in the dark about the terms and conditions of the nikah contract as mostly women sign this important document without reading it.

Nikahnama is an official requirement under the Muslim Family Law Ordinance 1961. Once signed, it needs to be registered with the local Union Council's Registrar under the same law. Under Shariah Law, a verbal nikah is just as good as a written one  provided the formalities pertaining to witnesses are fulfilled. The state law requires the Nikahnama provided under the law to be signed and registered. The Nikahnama is filled by the nikah registrar or qazi who takes an oath of  nikah .Since they don’t have sufficient knowledge, they don’t bother to explain to the parents of the bride or the bridegroom.

My blog highlights essential aspects of the nikah form. As you begin to read these clauses, you will analyze there is completed protection of the women in all matrimonial matters especially the columns No.13 to 22 are totally in the favor of the women which are about the dower, dowry articles, maintenance, banning on the second marriage and as well the delegated powers of the divorce. Generally these columns are left blank. 

The Muslim Family Law gives complete protection to women. Unfortunately we are unable to get this advantage as only column No 13 is filled and others are left blank or crossed due to negligence by the parents of the bride.

Amount of Mehr: This is clause 13 of the nikahnama. The Mehr actually acts as a form of economic protection for women, in case of a divorce as well as a gesture from the man to show seriousness to get into a serious commitment. It is not obsessed with virginity, as it is payable to both virgin as well widowed or divorced women who are no longer virgins. Second, the Mehr does not need to be a high amount. It is a gesture of love, first and foremost and should be looked upon as such. I have seen many people asking brides how much Mehr they received.

Clause 14 is about two types of Mehr, Mehr Moajjal (Prompt) is where the Mehr will be given as soon as the couple is in seclusion or at the time of the Nikah. Mehr Muwajjal (Deferred) is when the mehr is provided after a certain time which is fixed in the contract or at the time of death or at any time the wife demands for it to be paid. The full amount of Mehr may be divided into prompt and deferred.

The next column No. 16 is also about the dower amount that whether any kind of property has been given to the bride or not if given then gives the details and conditions. So if we see there are four columns from serial No. 13 to 16 about the dower amount but hardly one column is filled.

13	The amount of Mahar
14	The amount of Mahar Moajjal & the amount of Mahar Mowajjal
15	Was any part of the amount of Mahar paid at the time of marriage? If paid, how much?
16	If a property is given in her Mahar or a thereto if given, the detail of the property, the price of the property fixed among parties should be mentioned.

In Pakistan, before the Nikahnama even reaches the families or the signatories, the Maulvi Saab has already crossed out clauses 17, 18 and 19 as it is believed that no couple wants to add any conditions. The conditions of the marriage must be narrated in clause 17 for the protection of the bride. Column 18 is whether the groom has given the delegated power of the divorce to the bride or not if given on what conditions.

The column No.19 is about divorce. This is an important column from the bride’s point of view and her protection. If conditions are imposed on divorce, then it will not be easy for the husband to divorce without any reason. Generally no maintenance documents are prepared at the time of marriage. Hence, separate document must be prepared and mentioned in column No .20. Even where the couple is in agreement to delegate the right to the wife, the clauses are already crossed out.

  

18	Has the bridegroom given the right of divorce to the bride? If given on what conditions?
19.	Is there any restriction on the right of divorce by the bridegroom?
20.	Is there any document prepared of living her life etc. If prepared a brief note should be mentioned here.
21.	Does the bridegroom have another wife also.If he has any,has he obtained permission  vide rules 8,10 of the Muslim family ordinance of 1961 to have 2nd wife.

Clauses 21-22 clearly articulate that the husband may only marry a second woman after getting permission from the first wife (through a permission certification from the local Arbitration Council). You can't secretly have more than one wife. Mostly, these clauses are not filled which is against the rights of the women.

The Pakistan Jurist indicates that the marriage certificate should have some additional clauses indicating if the bridegroom is already married, has never married or a widower names of bridegroom and bride with detail description of his/her education, profession, property, and monthly income, whether spouse will live under joint family system, separate or otherwise?

Lawyer and women’s rights activist Ms. Flavia Agnes emphasizes the need for a standard Nikahnama. “It is submitted that if a standard Nikahnama is made for all Muslims to use at the time of solemnization of marriage, it will be an effective way to protect women against instantaneous and arbitrary triple talaq. Such a Nikahnama will not violate the essential character of a Muslim marriage being a contract between two consenting parties.”

According to sources provided by Aurat Foundation and Provincial Commission on the Status of Women (PCSW), 51 per cent of marriages have been found to be unregistered or the respondents had no idea about registration of his or her marriage. Mostly, non-registration of marriage was being attributed to customary practices. In Peshawar, more than 50 per cent of women and even many men can’t read their nikahnama (marriage certificate); 74 per cent women aren’t consulted before the filling of marriage registration forms, and 40 per cent married women don’t even know who had filled them.

Kate Vyborny, a postdoctoral associate from the Duke University writes around 36 to 37percent of the community in Pakistan rarely inform the bride about the answers on the marriage certificate. Nearly 60pc of marriage registrars do not discuss the terms of a divorce with the bride’s family while almost 21percent are advised not to discuss it.

Women’s rights activist Rubina Sehgal, is of the view,  “No more than 2 percent of Pakistani women are familiar with their marriage contracts, which even educated and progressive women don’t view as a binding legal document, even though that’s what it is. “Women are brought up to believe that marriage implies submission and obedience and so, when it comes to the marriage contract, they just sign it.  They forget at that time that they have the right to read it, vet it, and even suggest changes. At the time of tying the knot, a lot mostly women sign this important document without reading it.”

Women’s rights activists fiercely defend a woman’s right to be able to liberate herself from a terrible marriage. According to a group of women lawyers, woman can achieve equal rights in marriage through the proper use of the standard Nikahnama. Various sections of the Nikahnama are removed before the couple gets to see the document. “These sections include a woman’s right to divorce her husband. Other privileges include restricting a man’s right to divorce his wife and the opportunity for spouses to impose conditions on the marriage.”

 Mostly women have insufficient legal awareness about their rights therefore unable to negotiate for these rights in judicial or non-judicial forum.  NGos and government should conduct legal awareness programs in order to disseminate information to women. Ministry of Human Rights also aims at launching nationwide awareness campaign to educate people about significance of women laws.

Representatives of Rozan Care for Health Legal Aid Society say “Young girls must be taught about their rights, the right to divorce, the right to financial support during marriage and post-divorce along with other transparent measures embedded in the Nikahnama to safeguard and empower their future.”

 Advocate Rubina Brohi, member of the Sindh Human Rights Commission and regional coordinator of the Aurat Foundation views that a national media campaign through various mediums of communication is required. Civil society organizations are working in collaboration with various departments of the Government of Pakistan regarding creating awareness campaign, policy-making and implementation of women laws in the country. According to Rubina, the existing nikahnama drafted in 60s has become obsolete. Now time and trends have changed. Civil organizations and ministry of women are working to draft a new nikahnama that include clauses pertaining to health certificate, age of the bridegroom and information about previous marriage.

Council of Islamic Ideology (CII) has preliminary drafted a new comprehensive nikahnama (marriage contract) and Talaqnama (divorce paper) that seek to ensure the due rights of women.  According to the representatives of CII, the new Nikahnama will clearly enlists women's rights, including their right to divorce. The language will be simple and easily understood by general public. Qibla Ayaz, the CII chairman proposed that the new document will be drafted in the light of teachings of the Holy Quran and Sunnah that will help to strength the family system and create awareness in women regarding their legal rights. The details of national identity cards will be entered in the nikahnama. This will make the Nikanama more effective in society.

Efforts to enhance women’s legal literacy is need of the hour. Law enforcement agencies and women organizations should disseminate knowledge in women of their legal rights and ensure that all columns in Nikhanama should be filled honestly and promptly. It will help to save the rights of the women in matrimonial life.