Supreme Court Orders Nikah Registrars to Fill All Nikahnama Columns Properly

Meanwhile, the Supreme Court has ruled that Nikah registrars must strictly employ the prescribed Nikahnama and ensure that all relevant columns are properly and carefully filled.

Key points

• To ensure compliance with the Muslim Family Laws Ordinance, 1961 and the relevant rules, the bench issued detailed directions for future practice.
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In practice, a four-member bench headed by Justice Shahid Waheed issued a 26-page judgment on Tuesday against orders passed by different benches of the Peshawar High Court and the Lahore High Court.

According to The court, the problems involved were not limited to the interpretation of a single clause of the Nikahnama or the private rights of two spouses, but concerned the broader legal framework of the Muslim family. Supreme Court Rules Haq Mahr is Wife's Legal Right.

In practice, the judgment remarked dower, or Haq Mahr, is a mandatory legal requirement of marriage under Islamic law. It continued that if dower is not given, courts must step in with full authority to enforce it.

It remarked Nikah registrars must apply the prescribed Nikahnama and complete all relevant columns properly. No column should be left blank or treated as unnecessary without lawful basis.

Notably, the court placed special emphasis on Columns 13 to 16. It accord with dower. It remarked Column 13 must clearly state the total dower agreed between the parties, whether in capital, movable property or immovable property.

Where property is agreed as dower, Column 16 must include enough details to identify it, including description, measurements, location and value if agreed.

For context, the registrar must out or explain the relevant entries to the parties before taking their signatures or thumb impressions, especially where the Nikahnama includes dower, special conditions, delegated right of talaq or property given as dower. Husband Can't Take Back Gold Given to Wife Despite Separation: LHC.

In practice, the court remarked any special condition entered in Column 17 must reflect the agreement between the parties and not the registrar's own wording.

It further directed that no entry should be created on assumption or personal understanding. If any term is unclear, the registrar must seek clarification from the parties before completing the form.

After completion, the registrar must authenticate and preserve the record, provide copies to the spouses and forward the required copy to the concerned Union Council in accordance with law.

In practice, the court additionally directed the competent authorities, especially the chairman and secretary of the concerned Union Councils, to ensure that all licensed Nikah registrars are properly trained in filling out the Nikahnama.

It remarked periodic training and orientation sessions should be arranged so the form is not filled mechanically and the agreed terms are accurately recorded. Punjab Tightens Rules For Nikah Registrars.

In practice, the authorities were additionally informed to periodically inspect the registers maintained by Nikah registrars to ensure compliance with the law and licence conditions.

For context, the court continued that if a Nikah registrar fails to perform statutory duties or violates licence conditions, the competent authority should take action in accordance with law. Stay Connected with ProPakistani. Obtain the latest news and stories wherever you prefer. Follow on Google Discover.

Taken together, the developments around supreme Court Orders Nikah Registrars to Fill All Nikahnama Columns Properly point to a situation that is still moving, and the coming days should bring more clarity.