A research project has revealed that nikkah registrars lack essential knowledge about nikahnamas leading to practices that could deprive women of their marital rights.
Titled “Diagnostic Study of Nikkahnamas in Punjab: A Review of Women’s Marriage Rights (Diagnostic Study)”, the study was developed by the Centre for Human Rights (CFHR) in collaboration with Musawi and the National Commission for Human Rights and was launched in Islamabad on Tuesday.
The study included scrutiny of 1,100 nikkahnamas in two districts of Punjab, Pakpattan and Lahore. The makers of the study also interviewed 50 nikkah registrars from Pakpattan and 55 from Lahore.
Findings from the survey showed an alarming lack of knowledge on behalf of the registrars and many illegal acts being considered routine practices.
Many nikkahnamas contained crossed out or blank columns, which is prohibited under the law. Many nikkahnamas also violated the law by not being registered in 30 days. The surveys also found that the right to divorce and khula was denied in many cases, while some registrars conflated the two concepts.
The study found that 15 percent of the nikkahnamas in Lahore and 58 percent in Pakpattan did not have details of the bride’s CNIC.
Additionally, nine percent nikkah namas in Lahore and 23 percent in Pakpattan did not record the age of the bride at all.
Only three percent nikkahnamas in Lahore and only 2 percent gave the wife the right to divorce.
In Lahore, 64 percent registrars said they believed khula is not an independent right of women to seek divorce. The percentage was 61 percent in Pakpattan.
In Lahore, 26 percent registrars said that perceived consent of guardian was more important than the bride’s free will. In Pakpattan, six percent registrars said that child marriage could be legal if it had the guardian’s consent.
In Lahore, 83 percent registrars considered haqmehr to not be mandatory for a valid marriage, 55 percent believed that haqmehr is not the sole property of the wife. In Pakpattan, 40 per cent believe that haqmehr is not the sole property of the wife.
Additionally, 67 percent registrars in Lahore 78 percent in Pakpattan believed women’s right to work is subject to husband’s permission.
Only 9.7 percent of nikkahnamas in Lahore and 8 percent in Pakpattan included the right to monthly allowance.
Speakers at the launch of the study agreed that many clumns that are crossed out are usually those that guarantee rights to women.
“Columns that are usually crossed at the time of Nikkah are actually meant to safeguard and protect women’s right in a marriage. The study findings highlight the importance of effective implementation of the law that binds NRs to fill these columns,” Chairperson NCHR Rabiya Javeri Agha said.
CEO, Musawi Fatima Yasmin Bokhari agreed with the view and said, “The Nikkahnama is the starting point in a conversation on women’s marriage rights. If properly understood and filled, it enables essential safeguards for women.”
Sevim Saadat, who authored the document said that one of the reasons why age of the bride is not mentioned on the nikkahnama is a possible child marriage.
“Key missing information in the Nikkahnama has implications for implementation of the law,” she said.
“This study is quite important because it analyzes a document, the Nikkahnama, which is usually taken for granted yet it determines the fate of individuals, families and generations,” legislator Mehnaz Akbar Aziz said.
