NCHR shows concern over incomplete nikahnamas

Islamabad : A diagnostic study of Punjab titled ‘Protecting Women’s Marriage Rights in Pakistan’ has reported that 60 per cent of ‘nikahnamas’ (marriage registration form), registered from 2016 to 2022 in Punjab, were found incomplete.

The study says that among the total number of ‘nikahnamas’ reviewed under the research, only 24 per cent mentioned date of registration of ‘nikahnama’ whereas brides age was mentioned in only 6 per cent of ‘nikahnamas’.

National Commission for Human Rights (NCHR) and Musawi’s have expressed concern over the high percentage of incomplete ‘nikahnamas’ reported in the diagnostic study.

The study findings were discussed in the first working group meeting of ‘Inter-Provincial Working Group on Protecting Women’s Marriage Rights’ held on Thursday.

The meeting was third in the series of working groups, to discuss the provincial differences in legislation and implementation framework regarding women’s marriage rights across Pakistan.

The diagnostic study shows that the bride’s CNIC number was missing in 48 per cent of the total ‘nikahnamas’ out of which 75 per cent of bride’s were marked as between the age of 16-18. Only 8 per cent of ‘nikahnamas’ contained the right of monthly allowance, 39 per cent had ‘nan nafqah/haq maher’ documentation column crossed out or left blank and 97 per cent of the ‘nikahnamas’ did not give delegation of right of divorce out of which 40 per cent had the column crossed or left blank. In addition, 51 per cent of NNs did not contain any special conditions.

The study also engaged with ‘nikkah’ registrars on their knowledge, attitude and practices. The findings show that 90 per cent of ‘nikkah’ registrars believed that women’s right to work is subjected to husband’s permission whereas 76 per cent thought that wife’s right to maintenance is linked to obedience to her husband. Among the total number of ‘nikkah’ registrars, 74 per cent said that it is not ‘nikkah’ registrar’s legal responsibility to fill all the columns of ‘nikkahnama’, 86 per cent believed that husband is not legally bound to pay ‘haq meher’ if the wife gives up this right of her free will and 92 per cent thought that men and elders of the bride and groom’s family are better informed to decide terms of ‘nikkahnama’.

Speaking on this occasion, Chairperson NCHR, Rabiya Javeri Agha highlighted the importance of clarity of laws on the definition of child. “There are different laws and policies such as Article 11-3 and Article 25 A of the constitution which give a differing interpretation of the age of child. There should be uniformity and consensus in federal and provincial laws,” she said emphasising the importance of focusing on the ‘nikkahnama’ as a legal document to ensure protection of women marriage rights.

CEO Musawi, Fatima Yasmin Bokhari welcomed the guests and stressed the need to build a multi-stakeholder collaboration for advocacy on marriage rights on an inter-provincial platform to share best practices and enable cross learning from differing provincial legal frameworks, processes and practices.