Empowering nikah khawans is crucial for protecting women’s rights and ensuring that marriages are registered in a transparent, accountable, and effective manner. Read on…
chambers of justice
Weddings in Pakistan are known for their grandeur and extravagance, with couples spending anywhere from PKR 500,000 to PKR 10,000,000 per event, while high-end events cost even more. However, amidst all the glitz and glamour, one crucial document is often overlooked - the marriage contract or the nikahnama, which is the legal foundation of the couple’s married life together.
A 2023 empirical study conducted by the Legal Aid Society, a not-for-profit non-governmental organisation active since 2013, found that in Sindh, 90 per cent of the 185 nikahnamas analysed had clauses 16 to 22 either left completely blank, struck out, or failed to extend the stipulated rights to the bride.
This study identified several gaps and challenges that contribute to these trends. One major gap highlighted is the practice of nikah khawans (qazis), who are key facilitators of the nikah ceremony and responsible for filling out the nikahnama.
It has been observed that most of the time the nikahnama is filled by the nikah khawan, who crosses out the main terms and conditions specified in the nikahnama.
One of the key issues identified in the study is the lack of publicly available lists of nikah khawans and non-registered nikah khawans. This lack of transparency raises concerns about the legitimacy of nikah khawans and allows unlicensed operations and misuse of official stamps. Moreover, the study highlighted that there are no legal criteria for the qualifications of nikah khawan, leading to variations in their literacy levels, religious knowledge, and experience. This inconsistency can result in decisions based on personal biases and notions rather than the legal and ethical standards required for such an important task.
Another critical challenge identified is the limited role of nikah registrars in explaining the nikahnama to couples.
“It is the bride and groom’s responsibility to read the nikahnama, but not everyone is educated, so it is the nikah khwan’s duty to read it to both parties and make sure they understand it,” points out a community member from Karachi.
Because the nikahnama is left incomplete, vague, or interpolated, women are deprived of protections that could enhance their financial well-being.
“This happens because nikah khawans have never been made aware of the importance of the nikahnama; they simply follow the practice of crossing out certain clauses. In my personal opinion, many registrars themselves don’t understand what the clauses mean; they just know they have to cross them out,” elucidates a stakeholder from Larkana.
This issue is further compounded by the lack of training or knowledge among nikah khawans, highlighting the urgent need for regular training on marriage laws and obligations.
To address these challenges, LAS (Legal Aid Society) recommends conducting a scoping exercise to identify and register nikah khawans, imposing penalties for unlicensed operations. Establishing minimum qualifications and introducing license renewal mechanisms can ensure that nikah registrars adhere to ethical standards and conduct, promoting fairness and professionalism in their work.
Furthermore, legal reforms should be introduced in Sindh to impose penalties on nikah khawans for failing to complete the nikahnama. This will not only protect women’s rights but also ensure the integrity of the marriage registration process in Sindh, Pakistan.
“Nikah khawans should be trained properly. If the nikah khawan ensures that all clauses are properly filled out, families will be more likely to comply with the law,” suggests a stakeholder from Karachi.
Empowering nikah khawans is crucial for protecting women’s rights and ensuring that marriages are registered in a transparent, accountable, and effective manner. By implementing these recommendations, Sindh can strengthen its marriage registration process, protect women’s rights, and promote a more accountable and transparent system for all individuals and communities involved.
Most of the time the nikahnama is filled by the nikah khawan, who crosses out the main terms and conditions specified in the nikahnama.
