SC says freedom of consent in Nikahnama crucial for women - A landmark ruling

[FearlessRoar]

The Supreme Court of Pakistan has issued a landmark ruling affirming the rights of brides in regards to the terms and conditions stipulated within the nikah nama, the Islamic marriage contract. The court emphasized that brides must have complete freedom to express their consent before finalizing the terms of the marriage contract

The case centered around a dispute over a plot of land mentioned in the nikah nama. The two-member bench, comprising Justice Aminuddin Khan and Justice Athar Minallah, ruled in favor of the bride, Huma Saeed, who had been divorced by her husband, Muhammad Yousaf, in 2014.

Yousaf had challenged a Lahore High Court decision granting Saeed the rights to the plot, arguing that it was not intended as a dower or gift.

The Supreme Court’s detailed judgment, authored by Justice Athar Minallah, clarifies several crucial points.

The judgement said that any ambiguity or doubt regarding the terms and conditions of the nikah nama will be interpreted in favor of the wife.

Justice Minallah also wrote that if the nikah nama’s columns are filled without the bride’s meaningful consultation, they cannot be used against her interests or rights.

Courts must consider whether the bride had complete freedom to express her consent before finalizing the terms of the nikah nama, the judgement added.

It added that ambiguity cannot be used against the wife unless examined under the principle of balance of probabilities.

This ruling sets a significant precedent for protecting the rights of women in marriage contracts and ensuring their informed consent.

It emphasizes the importance of clear and unambiguous language within the nikah nama and reinforces the principle that any doubts should be resolved in favor of the bride.

SC says freedom of consent in nikah nama crucial for women

The judgement says ambiguity cannot be used against a wife

english.aaj.tv

What are your thoughts on this landmark ruling of SC?

 

[The Bald Eagle]

Appears to be a good judgement. Much needed for women rights in Pakistan.

 

[The Bald Eagle]

Taking on a second wife for the sake of a child is an act of cruelty: Sher Afzal Marwat

Lawyer recalled how he refused to bring a second woman into his marriage just for the sake of the coveted male child

In a recent interview with host Nadir Ali, lawyer and politician Sher Afzal Marwat revealed how he refused to take on a second wife just for the sake of producing a son, as was expected of him by his family.

“In 2007, my wife told me I should marry again,” he began. “My son had not been born at the time, and we had already been married for about 5 or 6 years. My father was still alive back then, and taking on a second wife [to have a son] was the norm [in our family]."

However, Marwat recalled that after devoting some time mulling over the matter, he was compelled to tell his wife that he could not go through with it. “I thought about it for some time, and then told her that I couldn’t put her through such pain,” he said.

In a show of standing up for women, Marwat explained the reason behind his unconventional decision in his traditional family setup. “My wife was very serious when she suggested I get a second wife [who could bear me a son], but I don’t think you should ever do that to a woman.”

Marwat added that to commit to such an act would be deeply cruel to any woman who had left everything behind just to be with her husband and his family. “I couldn’t bring another woman into our lives just to have a child,” he stated. “Like everyone else, a woman has just one life. She has basically burned everything in her life just to start a new life with you.”

Source: The Express Tribune

 

[Cricket Warrior]

will this one would be implemented in KPK too?

 

[FearlessRoar]

Peshawar High Court allows govt two months for updating Nikahnama

Peshawar High Court has allowed two months’ time to Khyber Pakhtunkhwa government for introduction and implementation of an updated Nikahnama and enforcement of a law on premarital screening for thalassaemia and Hepatitis-C.

A bench consisting of Justice Mohammad Ijaz Khan and Justice Syed Mudasser Ameer was requested by an additional advocate general to allow few months to the government for introduction and implementation of an updated Nikahnama (marriage form), which would also include provision related to premarital medical tests by the bride and groom.

The AAG stated that the government had already prepared a format of a proposed Nikahnama, which would be provided to local councils and Nikah registrars for implementation.

He also produced a copy of the new format of the Nikahnama, stating that the proposed form would also include a portion related to conducting of premarital tests by the would-be couple. The bench fixed May 25 for next hearing of a petition jointly filed by Nida Gul Ghilzai and nine other activists of Shirkat Gah, a women’s resource centre.

The bench observed that it would allow time to the government and directed to provide details about introduction and implementation of the updated Nikah form on next hearing.

The petitioners requested the court to order immediate implementation of the updated Nikahnama across the province for marriage registration. They also sought court’s orders for the government to ensure effective implementation of Preventive Healthcare Act, 2009, regarding premarital screening for thalassaemia and Hepatitis-C.

The petitioners requested the court to order respondents to arrange free testing in all major hospitals in the province, including those in tehsil headquarters, and ensure blood test results were mentioned in Nikahnama and produced before solemnization of marriage.

Advocate Mohammad Nasir Ghilzai appeared for the petitioners and said that the provincial government recently introduced the updated format for Nikahnama to ensure better documentation and protection of the rights of would-be couples.

He said that despite the issuance of the new Nikahnama, the government and relevant departments failed to introduce it across the province, causing ‘confusion and inconsistency’ in marriage contract documentation.

The lawyer claimed that in some areas, unapproved Nikahnamas were used, with authorities being unaware of it.

He said that most Nikah registrars in local councils lacked knowledge of Nikahnama columns and clauses, so crucial information was entered into wrong columns, causing confusion for litigants in cases pending with family courts.

The counsel pointed out that the petitioners had repeatedly approached authorities for the implementation of updated Nikahnama but didn’t get satisfactory response.

He said that there had been a significant delay in distribution of new marriage contract forms to all relevant offices, leading to the continued reliance on outdated formats.

Mr Ghilzai said that despite lapse of around 15 years, Preventive Healthcare Act, 2009, meant for certain premarital preventive measures against diseases had not been implemented.

He pointed out that under the law, Nikah registrars should obtain reports of premarital tests for both couples-to-be, including those of screening thalassaemia and Hepatitis-C.

The lawyer said that the registrars should retain those reports for at least two years after marriages were solemnised. He added that if those conditions were violated or registrars failed to preserve the reports, their licences should be revoked under the law.

The respondents in the petition include the provincial government through its chief secretary and the secretaries of home, law, health, local government, finance, social welfare and religious affairs departments.

Peshawar High Court allows govt two months for updating Nikahnama

AAG says new form will also include a portion about premarital tests of would-be couple.

www.dawn.com

 

[Farhan The Man]

Good ruling this. In contradiction to islamic jurisprudence.

But still can't fathom why we are discussing this issue in 21st century.

This cruelty should've been discarded eons ago. It's inhumane.