Court marriage, also known as civil marriage, is a legal way for couples to get married without having to go through the traditional religious ceremony. In Islam, court marriage is considered to be a valid way of getting married, as long as certain conditions are met. The Quran states that marriage is a legal contract between two consenting adults and that it is a sacred bond that should be entered into with the utmost sincerity and respect. Islam also places great importance on the consent of both parties in a marriage, and the idea of forced marriages is strongly discouraged. In Pakistan, court marriage is governed by the Family Courts Act of 1964, which allows couples to get married through a civil court without having to go through a religious ceremony.
Nikkah Nama
The Nikahnama is a legal document that serves as proof of marriage and outlines the rights and responsibilities of both spouses. The Nikahnama typically includes the following information:
The full names of the bride and groom are recorded in the Nikahnama.
The Mahr is a mandatory payment the groom must give the bride as part of the marriage contract. The amount and form of the Mahr are specified in the Nikahnama.
The Nikahnama specifies the rights and responsibilities of both the bride and groom in the marriage, such as the obligation to provide financial support and care for each other.
The Nikahnama also includes provisions for divorce, such as the right to divorce and the process for obtaining a divorce.
The Nikahnama is signed by two witnesses who attest to the validity of the marriage contract.
Marriage-related Acts of Pakistan
In Pakistan, court marriage is governed by several acts, including the Muslim Family Laws Ordinance 1961, the Christian Marriage Act 1872, and the Special Marriage Act 1872. These acts provide a legal framework for couples who wish to marry through the court system.
Muslim Family Laws Ordinance 1961: This ordinance applies to Muslims in Pakistan and provides guidelines for court marriage. According to this ordinance, a marriage may be solemnized between two adult Muslims of opposite sexes who freely consent to the marriage. The Nikahnama, or marriage contract, must be registered with the local government registrar within fifteen days of the marriage.
Christian Marriage Act 1872: This act applies to Christians in Pakistan and provides guidelines for court marriage. According to this act, a marriage may be solemnized between two Christians of opposite sexes who are not within the prohibited degrees of relationship. The marriage must be conducted by a minister of religion licensed to solemnize marriages or by a civil marriage officer.
Special Marriage Act 1872: This act applies to individuals of all religions in Pakistan who wish to marry through the court system. According to this act, a marriage may be solemnized between two individuals of opposite sexes who are not within the prohibited degrees of relationship and who have given notice to the local government registrar of their intention to marry. The marriage must be conducted by a civil marriage officer.
In addition to these acts, the Family Courts Act 1964 and the Pakistan Penal Code also apply to court marriage. The Family Courts Act provides for the establishment of family courts and outlines the jurisdiction of these courts in matters relating to marriage and divorce. The Pakistan Penal Code includes provisions relating to offenses such as bigamy, adultery, and kidnapping with intent to compel marriage.
Requirements for Court Marriage
Several requirements must be fulfilled for a Nikkah to be valid according to Islamic Shariah. Some of the main requirements include:
The first and foremost requirement for a Nikkah to be valid is the mutual consent of both parties. The bride and groom must freely and willingly consent to the marriage without any coercion or compulsion
The Mahr is a mandatory payment that the groom is required to give to the bride as part of the marriage contract. The amount and form of the Mahr must be agreed upon and specified in the Nikkah.
The Nikkah must be witnessed by two adult Muslim witnesses who are of sound mind and can understand the nature of the contract.
The Nikkah must be conducted by a Nikkah Khawan who is authorized to perform the marriage ceremony according to Islamic Shariah.
The bride and groom must declare their acceptance of each other as husband and wife in the presence of the witnesses and the officiator.
Documents required for online Nikkah
The following documents are required for court marriage:
National Identity Cards: The bride and groom must submit their National Identity Cards (NICs) to prove their identity and age
Witness Identity Cards: The two witnesses required for the Nikkah must also submit their NICs to verify their identity.
Divorce Certificate: If either the bride or groom has been previously married and is divorced, a divorce certificate must be submitted.
Death Certificate: If either the bride or groom has been previously married or their spouse has passed away, a death certificate must be submitted.
Photographs: The bride and groom must submit 6 recent passport-size photographs of themselves.
Procedure of Court Marriage
The court marriage procedure in Pakistan involves several steps, as outlined below:
Hire a Lawyer: first of all you must hire a lawyer who will make arrangements for your marriage.
Submit Required Documents: The bride and groom must submit all necessary documents, such as National Identity Cards, witness identity cards, affidavit of single status, divorce certificate (if applicable), and photographs, to the Nikkah Registrar.
Nikah Ceremony: The Nikah Registrar will conduct the Nikah ceremony, which includes the recitation of Quranic verses and the formal acceptance of the marriage by both parties (Ijab-o-Qubool).
Registration of Marriage: After the Nikah ceremony, the Nikah Nama is signed by the bride, groom, witnesses, and the Nikah Registrar. The Nikah Registrar will then register the marriage with the relevant Union Council.
Issuance of Marriage Certificate: The registered Nikah Nama is submitted to the Union Council for official documentation. The Union Council issues a marriage certificate, also known as the “Marriage Registration Certificate” or “Nikah Nama”.
