muslim law

ASSIGNMENT

Submitted by: Muskan

22bal70050
Section: A

Submitted to: Ms. Ruchika Sharma

 Nikah Nama
1. Name of Ward 13

2. Name of Town / Union Council Nawa Shaher, 61

3. Tehsil / Thana Fort Abbas

4. District in which marriage took place Bahawalnagar

5. Name of the bridegroom and his father with their Arsal Ali S/o Nazakat Ali R/o Chowk
respective residences Guldin Colony, Nawa Shaher

6. Date of Birth / Age of the bridegroom 12-02-1998

7. Name of the bride and her father with their respective Aziya Khan D/o Jamshed Khan R/o
residence Chowk Guldin Colony, Nawa Shaher

8. Whether the bride is virgin, a widow or a divorce Virgin

9. Date of Birth / Age of the bride 18-01-2000

10. Name of the Wakil (representative), if any, appointed NIL

by the bride, his father’s name and his residence

11. Names of the witnesses to the appointment of the NIL

bride’s Wakil (Representative) with their fathers’
names, their residence and their relationship with bride

12. Name of the Wakil (representative), if any, appointed NIL

by the bridegroom, his father’s name and his residence

13. Names of the witnesses to the appointment of the NIL

bridegroom’s Wakil (Representative) with their fathers’
names, their residence and their relationship with
bridegroom

14. Names of the witness to marriage, their father’s name 1. M. Ayoub S/o M. Afzal R/o
and their residences: 287/4, Nawab colony, Karachi
2. Amir Shahzad S/o Arshad Chak
R/o 225/9R, Nawab Colony,
Karachi

15. Date on which the marriage was contracted 14-12-2017

16. Amount of dower 5,00,000rs., 4 Gold necklace, 1000

square feet plot

17. The amount of Mahar Muajjal (Prompt Dower); and the Mahar muajjal: 2,00,000rs., 4 Gold
 amount of Mahar Muwajjal (Deferred Dower): necklace
Mahar muwajjal: 3,00,000rs., 1000
square feet plot

18. Whether any portion of the dower was paid at the time Mahar Muajjal (prompt dower):
of marriage, if so, how much; 2,00,000rs., 2 Gold necklace

19. The amount of Mahar Muajjal (Prompt Dower); left to 2 Gold necklace, to be given after
be paid; if any; when completion of 6 months of marriage

20. Whether any property was given in lieu of the whole or NIL
any portion of the dower, with specifications of the
same and its valuation agreed to between the parties;

21. Special condition if any 1. If husband wants to do second

marriage, he needs to take
written permission from her.
2. Wife is allowed to work.
3. The husband and wife will live
in a separate house after
marriage.

22. Whether the husband has delegated the power of No, the power of divorce is not
divorce to the wife, if so, under what conditions; delegated to wife

23. Whether the husband’s right of divorce is in any way 1. Monetary compensation can
curtailed; be asked if husband exercises
this right.
2. In case the husband brings any
imputation against the wife,
the production of evidence
corroborating the same can be
demanded. In case of false
imputations husband cannot
exercise this right and will
compensate wife.

24. Whether any documentation was drawn up at the time Yes

of marriage relating to dower maintenance, etc, if so,
contents thereof in brief. Contents:
The groom, Arsal Ali, agrees to pay a
dower of 5,00,000rs., 4 Gold necklace,
1000 square feet plot to the bride,
Aziya Khan, as a sign of goodwill and
to secure her financial well-being
within the marriage.

Payment Schedule
The Mahr will be paid as follows:
1. Mahr Muajjal (2,00,000rs., 2
Gold necklace) is to be paid at
the time of marriage.
2. A part of Mahr Muajjal (2 Gold
necklace) will be paid after
completion of 6 months of
marriage.
3. Mahr Muwajjal (3,00,000rs;
1000 square feet plot) is to be
paid on dissolution of
marriage.
Maintenance of Dower:
1. The groom agrees to maintain
the value of dower.
2. The groom cannot not sell
mortgage or lease the property
mentioned in dower.
Dower upon divorce:
1. In the event of divorce
initiated by the husband
without a valid reason as
determined by Islamic
principles, the bride will be
entitled to the full outstanding
amount of the dower, along
with the maintained value for
inflation.
2. In the event of divorce
initiated by the wife due to
non-fulfilment of any of special
conditions, the bride will be
entitled to the full outstanding
amount of the dower, along
with the maintained value for
 inflation.
3. Wife will not be entitled to
Mahr Muwajjal, if husband
gives divorce because of her
not being of good character.

25. Whether the bridegroom has any existing wife, and if No

so, whether he has secured the permission of the
Arbitration Council under the Muslim family laws
ordinance, 1961, to contract another marriage.

26. Number and date of the communication conveying to NIL

the bridegroom the permission of the arbitration
council to contract another marriage;

27. Name and address of the person by whom the marriage Qazi Haider Ali R/o 299/4, Chowk
was solemnized; Guldin colony, Nawa Shaher

28. Date of Registration of marriage 14-12-2017

29. Registration fee paid Rs. 250

Signature of bridegroom or his Wakil (representative)

Signature of Bride or her Wakil (representative)

Signature of witnesses to the marriage

Signature of the Person who solemnized the marriage

Signature and Seal of the Nikah Registrar

(Marriage Register)
Clause 1 to 9 – Basic Information of the Bride and Groom
Clause 1-9 of the Nikah Nama include basic information. Like the address of the
place where the marriage ceremony is taking place, name of the bride and
groom, name of their fathers and their addresses including their age.

Clause 10 to 14 – Information of Attorneys and Witnesses

These clauses include the information of the attorneys and witnesses that are
assigned by the bride and the groom.

Clause 15– Date of the Marriage

Clause 16 to 20 – Particularities related to Haq Mehr

Dower: It is amount or property given to wife at the time of marriage. It is done
to impose an obligation on husband and as a mark of respect of wife. The
purpose of dowers is that husband gives divorce to wife, she will be able to
maintain herself after divorce.
Kinds of dower:
1.Specified dower: It is also known as Mahr-i-mussamana. It is fixed given at
the time of marriage.
It is further of two kinds:
a. Prompt (Muajjal): it is paid immediately after the marriage.
b. Deferred (Muwajjal): This portion of the Mahr is payable at a later date,
typically upon the dissolution of the marriage (through death or divorce).
However, agreements can be made for earlier payment if both parties
consent.
2. Customary Dower (Mahr-ul-Misl):
This type of dower is not explicitly mentioned in the Nikah Nama but is
determined based on customs and social norms. If no specific dower is
mentioned, Islamic courts might consider the following factors to determine a
customary dower:
 a. Social Status: The social standing of both the bride's and groom's
families.
b. Financial Means: The groom's financial capability to pay a reasonable
dower.
c. Dower of Similar Women: The dower typically offered to women of
similar background and age in the community.
d. Personal Qualities: The education, beauty, and other qualities of the
bride.

Clause-21 special conditions

This clause asks the parties to list down any special conditions they may have,
as long as they don't go against Shariah law and the law of the land, from
monthly maintenance, whether the woman will continue working after
marriage or even a breakdown of household chores.
It allows the husband and wife to put any conditions they deem necessary for a
framework of a successful marriage. It gives you the opportunity to more or
less make it a prenuptial agreement.

Clause 22 and 23 – The Right to Divorce

This is one of the most important clauses in the Nikah Nama, which guarantees
the bride a right to divorce. Unfortunately, in many cases in Pakistan these
sections are cut off at the time of the Nikah without consultation from the
bride. Clause 22 asks whether the husband has granted his wife the right to
divorce and if so, what are the terms decided for it? While clause 23 asks if the
husband’s right to divorce has been curtailed in any way.

Note: If the wife is granted the right to divorce, she can divorce her husband
and keep her Haq Mehr. If the right to divorce is not granted, the wife must file
for Khula from court. Khula is conditional, it is granted by the court and the
wife must forego her Haq Mehr in Khula cases.

Clause 24 – Guarantees and Allowances

Clause 24 asks the parties if there is any agreement among them related to the
monthly allowance and guarantees while they are together as a married
couple. If they do, they can state the particularities of it.
Though it is generally interpreted to be about the wife’s monthly allowance
from her husband, but experts say that this section can include the division of
responsibilities and chores among the couple, guarantee the wife the right to
pursue her professional career or education. This section is important in sense
that it can help set tone for the marriage and can be helpful in avoiding any
conflict that arises later in context of roles and responsibilities of the husband
and wife.

Clause 25 and 26 – Marital Status of the Groom

This is another important section of the Nikah Nama. It asks whether the
groom is already married or has another wife. If so, has he taken the
permission of his first wife to enter another marriage and submitted the proofs
of permission for second marriage.

Clause 27 to 29 – Information of the Nikah Khawan, Date and Fee of

Registration
This part includes the information of the Nikah Khawan, the person who
performed or solemnized the Nikah, the date the Nikah was registered and the
fee that was paid for registration.

Signatures:
Underneath clause 29, there is a section that include the signatures of the
bride, groom, their witnesses, Nikah Khawan and the Nikah-registrar.