This unislamic and immoral practice must be abolished.
In Pakistan, the Nikkah Nama, or marriage contract, is a crucial document that outlines the rights and responsibilities of both the husband and wife in a marriage. This contract, which is a fundamental to establishing an Islamic marriage, is incredibly important both from a religious and legal perspective. However, a concerning trend has emerged where women’s rights, particularly the right to divorce, are often compromised by family members.
The Nikkah Nama aligns with Islamic principles and teachings from the Quran, as per the Muslim Family Laws Ordinance 1961. The Quran states that both the groom and the bride should agree to the marriage, the groom should provide Mehr (a dowry as financial security and provision to the bride), have two witnesses, and a registrant present. It also emphasizes that both parties have equal rights to give a divorce. These principles are reflected in the Nikkah Nama, ensuring that the marriage contract is not just a legal document but also a religious one that upholds the teachings of Islam. It is important to note that the Quran was revealed at a time when women in society were often treated as property brought about a significant change in this perspective, recognizing women as individuals with rights and responsibilities equal to those of men.
The Quran has several verses that emphasize the importance of women’s rights– for instance, Surah Al-Baqarah (2:229) mentions the mutual rights of husbands and wives in the case of divorce. This verse is reflected in the Nikkah Nama, where the woman’s right to divorce is explicitly stated. Section 18 of the Nikkah Nama in Pakistani law allows the wife the right to divorce if she wishes, known as the Talaq-e-Tafweez. This provision is intended to give Muslim women equal rights as men to initiate divorce proceedings.
Despite the legal provisions, many women in Pakistan (specifically Punjab) are not informed of the terms of the contract when they sign it. Registrars, who are responsible for ensuring the document includes protections for women’s rights, often lack formal training and awareness. As a result, they may be unaware of the details of the law, succumb to family or community pressures, or even cross out parts of the contract they or family members disagree with.
In practice, women often have to rely on their family to allow them to tick the box that gives them the right to divorce. If this part of the contract is unfilled, women have to rely on the Khula (divorce proceedings). If a husband refuses to divorce his wife, she has the right to obtain Khula through court. However, this process requires the wife to pay her husband the Mehr (the initial amount or possession the man is mandated to give the wife at the time of the marriage), or any agreed amount to obtain her freedom.
Several solutions have been proposed to address this issue. One such solution is the training of marriage registrars. With funding from the Economic Development and Institutions (EDI) program, researchers tested the first-ever effort to train all marriage registrars in the province of Punjab. After the training, there was a 166% increase in the number of registrars who could correctly identify key rights women have in marriage. The researchers are now measuring whether registrar trainings lead to more standardized contracts for women that better uphold their rights. Another proposal includes a directive for registrars to counsel both the bride and groom on the meaning and implications of the contract, obligatory checks of age documentation, and raising the legal minimum age of brides from 16 to 184.
Overall, the issue of women’s divorce rights being removed from the Nikkah Nama in Pakistan is a significant concern. Despite the Quran’s teachings on equality and women’s rights, societal norms and lack of awareness often lead to these rights being overlooked. It is crucial for society to ensure that the rights granted to women by the Nikkah Nama and the Quran are upheld in practice, not just in theory. This will require concerted efforts from all sectors of society, including religious leaders, educators, lawmakers, and families. Only then can we hope to see a future where every woman in Pakistan has the freedom to exercise her rights fully.
Read further on the Nikkah Nama and divorce rights in Pakistan:
Centre For Effective Global Action. (n.d.). Protecting Women’s Rights in Pakistan. CEGA. https://cega.berkeley.edu/impact/protecting-womens-rights-in-pakistan/
Hassan, H. (2023, August 3). 10 Things You Should Know About Nikah - Islamic Marriage Contract. https://theislamicinformation.com/blogs/things-know-nikah/
Hassan, M. T., Irshad, M., & Shahid, Z. (2023, January 25). Procedure for Divorce in Pakistan. Lexology. https://www.lexology.com/library/detail.aspx?g=245fedab-6ea3-4340-a87d-3aab91c72830
Mansoor, M. (2017, April 26). A Woman-Friendly Nikah-Nama And Muslim Women’s Right To Divorce. Feminism in India. https://feminisminindia.com/2017/04/27/nikah-nama-muslim-women-divorce/
Nishtar, L. (2018, July 13). Women’s rights under family law. The Express Tribune. https://tribune.com.pk/story/1757432/womens-rights-family-law
United Nations Women Pakistan. (n.d.). National Report on the Status of Women in Pakistan - A Summary. UN Women – Pakistan. https://pakistan.unwomen.org/en/digital-library/publications/2023/07/national-report-on-the-status-of-women-in-pakistan-a-summary
Vyborny, K., Field, E., & Zahir, H. (n.d.). Informed consent is needed in Pakistan’s marriage contracts | Oxford Policy Management. Www.opml.co.uk. Retrieved February 17, 2024, from https://www.opml.co.uk/blog/informed-consent-is-needed-in-pakistan-s-marriage-contracts
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