In Islam, marriage is a lawful agreement between a man and a woman. It’s an important religious duty that explains what the husband and wife must do. In Islamic marriage, two Muslim people must watch and confirm when the marriage papers (Nikah Nama) are signed.
The “nikah nama” is a written paper that two Muslim people who are getting married need to sign. This paper makes their marriage legal. According to the Muslim Family Laws Ordinance 1961, this paper is like proof of their marriage and explains what each person in the marriage has to do.
“Whenever we sign any official paper, we read it. That’s what we should do with the nikah nama too. It’s like a paper that you’re agreeing to, so read it before you sign,” says Amnah Mohasin, a female lawyer.
Your nikah nama is a kind of official agreement. It’s so official that even having religious leaders at the wedding is not a must. Your dad or any grown-up Muslim man can do the wedding ceremony.
When lawyers make contracts, they think about how the paper will be understood in court. If things go wrong and there’s a problem, the case might go to a court, and every single word in that paper will be checked by the court.
But remember the word “marriage” is often used more culturally or religiously than a legal one. Your nikah nama is like an official agreement, and even having religious leaders at the wedding isn’t needed.
Most of the nikah nama, from Clauses 1 to 12, is simple and clear. It’s like filling out a simple form. You write down basic things like names, ages, addresses, and so on. People usually have misunderstandings about the rest of the clauses in the nikah nama.
Things You Should See In Your Marriage Certificate
Sections 13 to 16 of this document are about something called “Mehr.” This is a gift that a husband gives to his wife when they marry. It’s a way of showing respect and also serves as a type of financial protection if the wife ever wants to end the marriage.
The wife has a legal right to this gift, and the husband must give it. It has to be paid even if the wife says she doesn’t want it. This gift can be money or something valuable, like jewelry or land.
There are two types of mehr: “prompt” and “deferred.” Prompt mehr is given before the marriage is consummated or at the time of the marriage ceremony. Deferred mehr is given after a certain period, maybe after some time has passed, or in case of divorce, death, or whenever the wife asks for it.
It’s important to mention that even if the nikah nama (marriage contract) doesn’t specifically talk about mehr, the law still usually enforces it if the wife asks for it. However, it’s a good idea to have it written down.
Right On Haq Mehar In Nikah Nama
The amount of Mehr can vary. Ideally, it should be what the woman thinks is fair. It can be decided between the husband and wife, based on things like family tradition, the woman’s social status, education level, and other factors.
Remember, if you don’t use your rights, they can become weaker, just like muscles if you don’t exercise them.
Mehr is solely for the wife. Neither the bride’s family nor any male relatives can take it. It’s her right. Even though love might cloud your thoughts about the future, it’s smart to think about these things.
Right of Divorce
Sections 17 to 19 talk about some important things about divorce. Clause 17 allows both husband and wife to write down special conditions they might have for the marriage, as long as these conditions are allowed by the law.
Clauses 18 and 19 talk about divorce rights. The husband can give the wife the right to ask for a divorce, or his right to ask for a divorce might be limited. Divorce by a woman is allowed by law, but it’s not encouraged. Some people don’t even mention these sections because they don’t want to think about the marriage ending, but it’s good to know your options.
Permission of Second Marriage
Clauses 20 and 21 restrict a man from marrying another woman while he’s already married. If he wants to marry again, he needs permission from his current wife/wives. If he doesn’t follow the rules, he can be punished.
Keep in mind that while the nikah nama is important, we need stronger laws to protect women’s rights. The nikah nama can’t cover everything. We need better laws to ensure women’s protection in various situations.
Knowing your rights is crucial. Focus on the marriage, not just the wedding, and be prepared for different situations while hoping for the best.
[…] Also See: Things You Should Know About Nikah Nama In Islam […]