- Asks govt to revise document to ensure it is easily understood
- Calls registrars’ role vital in safeguarding interests of men, women
- Highlights need to protect women’s rights through clear contracts
The Supreme Court has instructed both federal and provincial governments to revisit and simplify the Nikahnama form, stressing that it should be easy to understand and free of ambiguous language. The Court also underscored the importance of ensuring that nikah registrars are well-qualified, properly trained, and of strong moral character, to uphold the legal rights of both spouses, especially women.
These observations came in a judgement released on Thursday, authored by Justice Athar Minallah. The case dealt with appeals filed by a man and a woman who disagreed on the interpretation of dower terms recorded in their Nikahnama.
The woman, Fakhra Jabeen, challenged a decision issued by the Lahore High Court on December 13, 2021. That ruling had determined that if there were any ambiguities in the Nikahnama, they should be interpreted in favour of the groom, as he bears the financial responsibilities outlined in the document.
Justice Minallah, who was part of the three-member bench hearing the appeals, noted with concern that the apex court is regularly faced with cases arising from conflicting readings of entries in marriage contracts. In his 22-page ruling, he pointed out that the current Nikahnama form, as included in the Family Rules, requires immediate reform.
According to the verdict, the language and structure of the form need to be revised so that “even a literate person of ordinary prudence does not have difficulty in understanding its requirements and the columns.”
The Court highlighted that the terminology used in the document is unclear and can easily lead to confusion. Therefore, it recommended that the federal and provincial governments re-examine the format. “The federal and the provincial governments may, therefore, consider reviewing the Nikahnama to make it more user-friendly and remove the ambiguities likely to arise from the vague and ambiguous expressions used in the headings of the columns,” the judgement noted.
It further emphasized that simplifying the form would help reduce legal disputes. “This would not only protect the rights of the parties in general, and the women in particular, but would also reduce litigation since a more user-friendly prescribed form of the Nikahnama will give rise to lesser disputes,” it stated.
The Role of Registrars
The judgement also highlighted that many disputes could have been avoided if the Nikahnama columns were clearer or if the registrars had carried out their legal responsibilities appropriately. Justice Minallah observed that the competence, integrity, and understanding of registrars play a critical role in protecting the rights of those entering into marriage, particularly women.
The registrars are authorised under Section 5(2) of the Muslim Family Laws Ordinance and are legally bound to ensure that both parties understand their rights and that the recorded entries truthfully reflect their mutual agreement. As the judgement explained, “These officials were licensed under Section 5(2) of the Muslim Family Laws Ordinance to ensure that both parties exercise their rights and that the entries recorded in the Nikahnama correctly reflect their intention.”
The Court also noted that it is the responsibility of the government to provide proper guidance to union councils in setting clear qualifications and standards for issuing licences to these officials.
It further stressed the importance of training and regularly assessing registrars to prevent personal, social, or cultural biases from interfering with the rights guaranteed to women by law. “The training and evaluation of these officials would further ensure that social or cultural norms and influences do not prevail over the absolute rights bestowed upon women under the law,” the judgement said.
In Punjab, the provincial assembly has already taken steps in this direction by mandating that registrars fill in all columns of the Nikahnama precisely, based on the specific responses given by the bride and groom.
Failure to comply with this requirement can result in legal penalties, including up to one month of imprisonment and a fine of Rs25,000. The judgement added that the objective behind this legislation is to “protect women from exploitation and provide them with expeditious resolution of family disputes and ancillary matters.”
Government Action Expected
The Court concluded its ruling by directing that copies of the judgement be sent to the cabinet secretary and the chief secretaries of all provinces. The purpose is to encourage them to seriously consider the observations made regarding the Nikahnama and the qualifications and responsibilities of nikah registrars.
“We expect that effective steps would be taken to ensure safeguarding the rights of the parties to a marriage contract, particularly the bride who may be more vulnerable on account of multiple factors, including the cultural and social norms and beliefs,” the judgement stated.
Source: Dawn
