It can be in the form of cash or kind, anything that has monetary value such as jewellery or land. It is the legal right of the wife and obligation of the husband it MUST be paid, even if the wife waives her right to receive it. What to know about your right to mehrĬlause 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 by the husband and acts as financial protection in the event of a divorce initiated by the woman (more on that later).
Common misconceptions about the nikah nama are usually regarding the remaining clauses. You have to note down basic details like names of the parties and lawyers involved, age, address, etc. Most of the document from Clause 1 to 12 is straight-forward it's like filling out a simple form. Essentially, your nikah nama is a civil contract that you enter into, so much so that even the presence of religious clerics at the time of the nikah is not even mandatory!
That being said, marriage is a term loosely used and has more cultural or celestial connotations than legal ones. Their case is going to go into arbitration and the court will look at every word, every comma and determine your fate." If and when things take a turn for the worst and go south, the parties involved are not going to be just talking amongst themselves. "As lawyers, we're told that when we draft a contract, we must do so keeping in mind how this piece of paper will be interpreted in a court of law. That's the concept we need to promote with the nikah nama, that it's a contract, you need to read it before you sign it," explains Amnah Mohasin, a female lawyer.Įssentially, your nikah nama is a civil contract that you enter into, so much so that even the presence of religious clerics at the time of the nikah is not even mandatory but just a cultural norm your father or any adult Muslim man can officiate the nikah. "When we enter into any civil contract, we read it. I guess I can't say I blame women for not knowing this is what a standard nikah nama looks like: Under the Muslim Family Laws Ordinance 1961, it is the legal evidence of said union and lays out the rights and obligations agreed upon the by the bride and groom. The nikah nama is a written document that two Muslim partners entering into a civil union must put their signature on in order to legalise their marriage. What IS a nikah nama exactly and what does it signify? I sat down with some lawyers to find out. Hearing these stories, I have to ask: how is it that the majority of women end up scribbling their names thoughtlessly on one of the most momentous civil contracts they'll ever agree to without so much as reading it?Īnd just what is in that nikah nama of yours? Back then, I saw no way out of an abusive marriage and can only thank my lucky stars that he divorced me himself upon the insistence of his second wife, a marriage he contracted without my permission," she revealed. I became more aware recently when I started reading about the nikah nama form on social media and when my current fiance discussed it with me. I had no idea my in-laws had crossed out certain sections. "With my first marriage, I only got to glance at the nikah nama before I signed. My advice to other women in similar situations? Be smarter than I was and lawyer up."Īnd then there're those who never even knew their rights to begin with - and lived to regret it, like Sana*. I also lost my claim to any alimony and maintenance. When my relationship went to s**t, I had to opt for a khula instead, which meant I had to return my nominal mehr.
Apparently asking for my own rights was considered ' besharmi'," shared Amna*. I brought it up once but was dismissed and I was too in love to even think about my marriage failing so I chose to just let it go. "I was fairly young when I got married (24) but even then I knew that I could have the right of divorce delegated to me. Now hold that thought.ĭo you think it makes sense to sign a legally binding contract without exhaustively going through the terms within so you know precisely what it entails? When you put it that way, most of us if not all would obviously say no. And that's not including all the school slips I forged my mother's signature on (sorry Mom!).ĭocuments of all kinds require our unique stamp of approval, yet signing our name is something we rarely stop to think about in adult life. Over the course of my life, I've signed a lot of things.Ĭhecks, credit card receipts, forms, documents, you name it.
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