NIKAH NAMA-English/Urdu Nikah Nama in Pakistani Marriages
The Nikah Nama is an essential document used to record the details of the parties entering into a marriage contract. The Nikah Nama contains 25 columns designed to capture every significant and minor detail, including preset conditions of the marriage.
Nikah Nama Form
The Nikah Nama form, whether referred to as Pakistani Nikah Nama, Nikah Online, or Nikah Nama in Urdu/English, holds all pertinent details of the marriage. The Nikah Nama is a marriage document, certificate, and contract. With its 25 columns, the Nikah Nama can be filled out in Urdu or English, providing a comprehensive record of the marriage details. It documents the conditions of Nikah and the personal information of the contracting parties and witnesses, such as the amount of dower, agreed-upon conditions, and the names and addresses of the witnesses.
Pakistani Nikah Nama Form in Urdu & English
The Pakistani Nikah Nama form, available in Urdu and English, is conclusive evidence of an Islamic marriage. It is a public document that serves as a marriage contract and provides proof of the marriage. Should any disputes regarding the marriage arise, the Nikah Nama is admissible as evidence in court.
Nikah Nama Records The Facts and Conditions
The Nikah Nama meticulously records the facts and conditions agreed upon by the parties involved. Its structured columns, marked by numerical numbers, ensure that every detail is documented clearly and accurately. Recording the information carefully and as requested is crucial when filling out the Nikah Nama to avoid ambiguity. Clear and understandable facts help prevent disputes. Violations of this protocol can result in a fine of twenty-five thousand rupees and up to one month of imprisonment.
In summary, the Nikah Nama plays a pivotal role in documenting and proving the details and conditions of an Islamic marriage. It is a vital record that ensures transparency and clarity, safeguarding the rights of both parties involved in the marriage.
Understanding the Nikah Nama Form
The Nikah Nama form, also known as the Pakistani Nikah Nama, is a document that records all the essential details of a Nikah (marriage). On the Nikah Nama form, the Nikah Registrar meticulously notes down the names and addresses of the witnesses, the amount of dower, and the specific conditions of the Nikah (Muslim marriage).
We use the Nikah Nama in English for our Nikah online service, especially for clients residing in foreign countries requiring an English Nikah Nama rather than an Urdu Nikah Nama form. The Nikah Nama form encapsulates every detail of the Nikah contract. Once all concerned parties sign it and bear the signature and seal of the Nikah Registrar, the Nikah Nama becomes a formal marriage document, certificate, and contract.
During the Islamic marriage ceremony, the bride and groom sign the Nikah Nama form, affirming their agreement to this Pakistani Islamic contract. The Nikah Nama is a fundamental element of the Pakistani Muslim marriage ceremony, defining the rights and responsibilities of both partners.
The Nikah Nama form has been in use for several decades in countries like Pakistan, India, Iran, and Afghanistan, serving as a comprehensive record of all significant and minor details of the marriage contract between the bride and groom. The Nikah Nama includes all aspects of the marital union, such as the names and parentage of the parties, their ages, National ID Card numbers, addresses, details of attorneys and witnesses, the amount of Mehar or Mahr, and other personal information.
In summary, the Nikah Nama form is a crucial document in Islamic marriages, ensuring that all details are correctly recorded and that the rights and obligations of the parties involved are clearly outlined and agreed upon.
Conditions in the Nikah Nama (Urdu/English)
The Nikah Nama must include the conditions of the Nikah at the time of the ceremony or before it. Both parties can revise these conditions with mutual consent, and it is advisable to document these changes in writing. This documentation should be in the form of an acknowledgment or agreement and separately registered with the Registrar under the Registration Act, 1908.
Categories of the Nikah Nama
The Nikah Nama can be divided into three categories:
- Basic Information: The first category of the Nikah Nama requires both parties to provide accurate information. The Nikah Khawan/Registrar must verify that the names and dates of birth match those on their ID cards or B forms. If there is a discrepancy between current and permanent addresses, both should be mentioned. The Child Marriage Restraint Act holds the parties accountable if the documentation is not properly checked and the marriage involves underage individuals.
- Marital Status and Representation: The second category of the Nikah Nama determines the bride’s marital status and allows her to appoint a vakeel or representative. The columns detailing the names and relationships of the bride’s witnesses must be filled in carefully. While the witnesses do not have to be relatives of the bride, they must state their relationship to the bride’s attorney if one is appointed. The witnesses for the bride and groom mustn’t be the same.
- Conditions and Settlements: The third category of the Nikah Nama deals with the conditions and settlements of the marriage. Column 17 asks whether any special conditions can include mutual responsibilities and various aspects of the marriage. These conditions can be time-bound or applicable for the duration of the marriage. They should be written clearly and unambiguously to avoid difficulties in enforcement. Additionally, the practice of ‘Watta Satta’ or exchange marriages is common in some parts of Pakistan, where both parties agree to exchange women for marriage. This condition can be included in the Nikah Nama or outlined in a separate contract on stamp paper, referencing it in the Nikah Nama.
In short, the Nikah Nama is a critical document in Islamic marriages. It outlines all the necessary conditions and agreements between the parties and ensures that the bride and groom’s rights and responsibilities are clearly defined and legally recognized.
Understanding the Specific Columns of the Nikah Nama
Column 18 in Nikah Nama
Column 18 of the Nikah Nama addresses whether the husband has the right to delegate the power of talaq to his wife. According to Muslim family law, either spouse can unilaterally terminate their Nikah by pronouncing talaq. This right can also be granted to the wife, allowing her to pronounce talaq on behalf of her husband. Consequently, the rights of both the husband and the wife remain intact. If the wife uses this delegated right, she must follow the same procedure the husband would.
Column 19 in Nikah Nama
Column 19 of the Nikah Nama asks if any restrictions have been placed on the husband’s right to talaq. While these restrictions can be conditional, it does not mean the husband has completely lost his right to pronounce talaq. It is important to note that the law does not require the husband to provide a reason for the divorce. The talaq becomes effective as long as the stipulated procedure is followed
Other Legal Aspects of the Nikah Nama
Relinquishing of Dower Recorded in the Nikah Nama
The Nikah Nama also addresses the relinquishing of dower. It is ultimately up to the woman to relinquish her dower, which can be done according to the law. The burden of proof lies on the person required to pay the dower. In the event of a dispute, the Court must ensure that the wife acted of her own free will and was not coerced into relinquishing her dower. An affidavit used to relinquish dower must be substantiated.
Recording Bridal Gifts in the Nikah Nama
The Nikah Nama can also note the precious bridal gifts received from the bride’s in-laws and parents. Jewelry given to the bride by the groom belongs to the bride, while jewelry given by the groom’s family remains his. If the husband fails to honor a promise or commitment to give a gift (whether cash or property) recorded in the Nikah Nama (usually in column 17), the wife may file suit for compensation.
Conditions to Restrict Polygamy in the Nikah Nama
The Nikah Nama can include conditions to restrict polygamy. According to Pakistani law, a man needs the consent of his first wife to enter into a second marriage. Additionally, he must obtain a permission certificate from the arbitration council. To seek this permission, the application must be submitted to the Union Council of the first wife’s residence at the time of application, even if it is in a different city.
By carefully detailing these aspects in the Nikah Nama, both parties can ensure their rights and responsibilities are clearly defined and legally recognized.