Different Clauses of the Nikah Nama in Pakistan
The Nikah Nama is a written document that two Muslim partners entering into a civil union must put their signature on in order to solemnize the marriage. Depending on where you live, your Nikah Nama may contain different clauses. In the UK and Pakistan, for example, the Nikah Nama generally contains clauses pertaining to the bride’s right to a divorce, as well as other important aspects of the marriage contract.
Overview of the Different Clauses in a Nikah Nama
The Nikah Nama is the document that records the contents of a Nikah. It records the personal details of the parties to the marriage, amount of dowry, and other conditions of the marriage. The Nikah Nama consists of an obligatory gift given by the groom to his bride, in return for her agreeing to marry him. This clause states that if a man is already married then under the Muslim Family Law Ordinance 1961, he must present proof to the Union Councilor that he has divorced his first wife before he can marry again.
Clause 1 to 6: Husband’s Name and Wife’s Name
Clause 1-6 of the Nikah Nama include basic information. Like the address of the place where the marriage ceremony is taking place, name of witnesses and other necessary demographics.
Clause 2: Name of the bridegroom & his father, with their respective residence
Clause 3:Date of birth/Age of the Bridegroom
Clause 4: Name of the Bride & her father, with their respective residence
Clause 5: Whether the Bride is Virgin/widow or divorced
Clause 6: Date of Birth/ Age of the Bride
Clause 7 to 11: Name of the Attorney, if any, appointed by the Bride, his father’s name and his residence
Overview of Clauses
These Clauses of the Nikahnama states the name of the attorney appointed by the bride, his father’s name and his residence. If the bride has not appointed any attorney, then this clause is left blank. The witnesses to the appointment of the bride’s attorney are also mentioned in this clause.
Rights of the Bride to Appoint an Attorney
The bride has the right to appoint an attorney, who will represent her in the marriage contract. The attorney’s name, father’s name and residence must be mentioned in the contract. The witnesses to the appointment of the bride’s attorney must also be mentioned in the contract.
Name of the Attorney
These Clauses of the Nikahnama states the name of the attorney, if any, appointed by the bride, his father’s name, and his residence. It is important to have this information so that the witnesses can be properly identified and the validity of the document can be verified.
Clause 12: Date on which the Marriage was solemnized
Clause 12 of the Hindu Marriage Act, 1955 deals with the date on which the marriage was solemnized. It states that the parties intending to be married shall make to the marriage registrar an application for registration of marriage on the given place, date and time as mentioned in the Nikah Nama (Islamic Marriage Contract).
Definition of Clause 12
Nikah Nama, is an Islamic Marriage Contract, which is signed by both partners at the time of their marriage. Clause 12 is about the date of the solemnization of their marriage. It states that the contract shall end by the expiry date thereof, unless the two parties agree on renewing it.
Requirements for clause 12
Clause 12 of the Muslim Marriage Act deals with the date of the marriage. It states that the parties intending to be married shall make an application for registration of the marriage to the registrar on the given place, date and time. The registrar shall then record the date of marriage in the Nikah Nama.
Clause 13 to 17: Related to Haq Mehr
Clause 13 : Amount of Dowery/Guarantee for Marriage Paid
Clause 14: How much of the Dowery paid and how much deferred.
Clause 15: Whether any portion of the Dowery Guarantee was paid at the time of Marriage, if so, how much:
Clause 16: Whether any property was given in lieu of the whole or any part of the Guarantee amount with specification of the same and its valuation agreed to between the parties:
Clause 17: Special conditions, if any
Clause 3: Dowry Amount
The Nikah Nama is a document that outlines the terms and conditions of a Muslim marriage. Clause 3 of the Nikah Nama specifically deals with the issue of dowry. The dowry is an amount of money or property that is given by the bride’s family to the groom’s family at the time of marriage. The dowry is intended to help the newlyweds set up their home and to provide for their future children. In some cases, the dowry may also be used to help finance the groom’s education or business ventures.
The amount of dowry can vary greatly depending on the financial circumstances of the families involved. In some cases, the dowry may be a small sum of money or a few pieces of jewelry. In other cases, the dowry may be quite large and may include land, property, or even businesses. Regardless of the size of the dowry, it is important that both families agree on its value and that this agreement is recorded
Clause 4: Bride Price
The fourth clause of the Nikah Nama in Pakistan deals with the bride price, which is an important part of the Islamic marriage contract. This clause guarantees the bride a right to divorce in cases where the husband fails to meet his marital obligations. In many cases, the bride price is abused by moulvis who cross out this clause without consulting the bride or her family.
Clause 5: Maintenance for Wife and Children
Nikahnama clause 5 asks for the bride’s age and marital status. According to the Muslim Family Law Ordinance, under Section 5, registration of all marriages is mandatory. For the purposes of registration, a Nikah Nama is required, which covers personal details of the bride and groom as well as clauses related to maintenance for wife and children. If this clause is struck off, you lose the ability to file for Suit of Dissolution of Marriage by Way of Talaq. You may still file for khula but pronouncement of Talaq on the other hand wife can only exercise the section 7 of the Muslim Family Law Ordinance the husband
Clause 6: Rights and Responsibilities of Both Parties
The Nikah Nama, or Islamic marriage contract, is a document that governs marital relations between any two Muslim partners entering into a civil union. The contract must be signed by both husband and wife at the time of marriage, and witnesses must include two trustworthy Muslim men who are not next of kin to the bride. The Nikah Nama must be signed by both husband and wife at the time of marriage. Apart from its sanctity in Islam, this document is also fundamental to defining the rights and responsibilities of both parties in a marriage.
The Nikah Nama consists of rights, responsibilities and favors from both the bride and groom and their families (Husayn & Al-Khatib, 2016). Clause 6 specifically deals with the rights and responsibilities of both parties in a marriage. A key right outlined in Clause 6 is the right of each party to seek divorce if they feel that the marriage is not fulfilling its purpose. This right is known as “talaq”
Clause 7: Dower
The Nikah Nama is a document that governs the marital relations between any Muslim couple. It is signed by both partners at the time of their marriage. Clause 7 of the Nikah Nama deals with the dower. Under this clause, the husband promises to pay a certain amount of money to the wife in case of a divorce or separation. The amount of dower is decided by mutual agreement between the husband and wife. The dower must be paid within a specified period of time, and if it is not paid, the wife has the right to sue her husband for recovery of the same.
Clause 8 of the Nikah Nama deals with Maintenance. Under this clause, the husband promises to maintain his wife during their married life. He also agrees to provide her with food, clothing and shelter. If the wife is unable to support herself financially, then the husband must provide for her needs from his own resources.
Clause 9 of the Nik
Clause 8: Maintenance of Wife
The Nikah Nama is an Islamic Marriage Contract which is signed by both partners at the time of their marriage. This document is important as it governs marital relations between any Muslim husband and wife. Even if it is not fixed at the time of marriage and no specified amount of money or any other property is mentioned in the Nikah Nama, the woman’s right to maintenance is enshrined in this contract.
As per clause 8 of the Nikah Nama, the husband is obliged to maintain his wife during their married life. This includes providing her with food, clothing and shelter. If the wife is unable to support herself, then the husband must provide for her financial needs as well. In case of divorce, this clause also dictates that the husband must continue to provide for his ex-wife’s maintenance if she is unable to support herself.
This clause protects the rights of Muslim women and ensures that they are not left destitute after divorce. It also ensures
Clause 9: Custody of Children
This clause is important to identify child marriages, which are illegal in Pakistan.
However, in most parts of the country the minimum age
for marriage is 18 years for women and 21 years for men. Some people go as far as to include a clause that in the case of a separation or divorce the husband will pay her a certain sum
of money every month to support herself and any children. A Muslim Marriage is a civil contract which can be executed and dissolved like any other contract, however it is automatically dissolved on
the death of either party.
Clause 10: Divorce Procedure
The Nikah Nama, or Islamic marriage contract, is a document that governs marital relations between any Muslim man and woman. Clause 10 of the Nikah Nama is particularly important, as it guarantees the bride a right to divorce in the event that her husband pronouces talaq, or unilateral divorce. This clause is essential in protecting the rights of Muslim women, as otherwise the husband would have full control over the marriage and could terminate it at any time without consequence. Unfortunately, in many cases this clause is struck out by the groom’s family during negotiations, leaving the bride without any recourse if her husband decides to divorce her. It is therefore imperative that any woman considering marriage under Islamic law make sure that this clause is included in her Nikah Nama.
Clause 11: Mahr (Dower)
Clause 15 of the Nikah Nama states whether a part of the Haq Mehr is being paid up front and if it is what is the amount.
Clause 16: The nature of marriage under Islamic law has been considered by the Courts and in the case of Khurshid Bibi v Muhammad Amin1 it was held that it is a contract.
13 and 14 of Nikah Nama of the parties clearly shows that dower in the shape of 11-tolas golden ornaments was paid to the plaintiff at the time of her
The question before this Court is as to whether. Section 13 and 16 of Nikahnama are to be read separately or in conjunction with each other. Though the facts were not exactly similar; however, the principal of law is the same that the Nikahnama is an agreement pursuant to Form II of Schedule III
10. Name of the witnesses to the appointment
Clause 12: Conditions of the Mahr
Clause 15 of the Nikah Nama states whether a part of the Haq Mehr is being paid up front and if it is what is the amount.
Clause 16
In one such case the High Court declared that a non-Muslim woman who is married under.
Muslim law to a Muslim man can have this right delegated to her19.
(See Rule 8-10).
This Form has been prepared in the light of Rules No. 8 and 10 of Muslim Family. Ordinance 1961. NIKAH NAMA Keeping in view the sequence of the scheme of Nikah Form, its column 17 is condition of dower which in other way can be interpreted as the property belonging to bride at time of marriage but after solemnization of marriage, she transfers its ownership to groom which he holds it during whole life time or until she gets divorced. This clause states that if a man is already married then
Clause 13: Waiving of Mahr and other Clauses
The Nikah Nama is a document that is signed by both the bride and groom at the time of their Muslim marriage. The Nikah Nama contains many clauses that are important to both parties in the marriage. Some of these clauses include: Clause 11- which states that the bride has the right to keep her maiden name, Clause 12- which gives the wife the right to keep her own property after marriage, and Clause 13- which waives the husband’s right to claim Mahr from his wife. There are also other clauses in the Nikah Nama that are important to note, such as Clause 14- which gives the husband the right to divorce his wife, and Clause 15- which stipulates how much Haq Mehr is to be paid by the husband to his wife.
Clause 14: Restitution of Mahr on Divorce or Annulment
One of the most important clauses in the Nikkah Nama is clause 14, which guarantees the bride a right to restitution of Mahr on divorce or annulment. According to Muslim family law, the husband has the right to unilaterally terminate the Nikah by pronouncing talaq and this is a right that he can also exercise on whims and fancies (See Rule 8-10). However, this clause provides some protection to the bride by ensuring that she gets her Mahr back in case of divorce or annulment. This is an important safeguard for women’s rights in Pakistan.
Clause 15: Maintenance of Wife and Children
Clause 15 of the Nikah Nama in Pakistan deals with the maintenance of wife and children. This clause is important to identify child marriages, which are illegal in Pakistan. Under the Muslim Family Law Ordinance, under Section 5, registration of all marriages performed under Muslim Law is mandatory. This Form has been prepared in the light of Rules No. 8 and 10 of Muslim Family Ordinance 1961. The Most Important Clauses 18-21. Clause 18 states if the husband has given the right of delegated talaq to his wife. In the classic Islamic law, lawyers, age, address, names of witnesses and other necessary demographics are required. However, in most parts of the country the minimum age of marriage is 16 years for girls and 18 years for boys.
Clause 13-16 are all questions relating to your mehr which is a gift given as a gesture of respect to the wife at the time of marriage. Mehr can be in cash, kind or both
Clause 16: Custody of Children in Case of Divorce or Annulment
The custody of children in case of divorce or annulment is an important clause in the Nikah Nama. This clause is important to identify child marriages, which are illegal in Pakistan. In most parts of the country, the minimum age for marriage is 18 years. However, in some cases, the minimum age may be 16 years. The nature of marriage under Islamic law has been considered by the Courts and in the case of Khurshid Bibi v Muhammad Amin1 it was held that it is a contract between two persons.
The names of the witnesses to the marriage, their father’s names and their residences are mentioned in Clause 12. The date on which the marriage was solemnized is mentioned in Clause 13. The amount of dowery/guarantee is mentioned in Clause 14. This clause states that if a man is already married then under the Muslim Family Law Ordinance 1961, he must present proof to the Union Council that his first wife has consented
