Details of Imran’s marriage still yet to be made public

ISLAMABAD: Some details for example ‘Haq Mahr’ (dowry money) are yet to be made public about the marriage of Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan with Bushra Bibi.

The Muslim Family Laws Ordinance (MFLO) 1961 makes it mandatory for the bride, groom and ‘Nikah Khawan’ (who solemnises the wedding) to register the marriage otherwise they including witnesses are liable to punishment.

Section 7 of the MFLO dealing with divorce says any man who wishes to divorce his wife shall, as soon as may be after its pronouncement in any form whatsoever, give the Union Council (UC) Chairman notice in writing of his having done so, and shall supply its copy thereof to the wife. Whoever, contravenes it shall be punishable with simple imprisonment for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both. Bushra Bibi’s ex-husband Khawar Farid Maneka had divorced her.

Under the MFLO, the Nikah registrar is different from Nikah Khawan. The former is appointed by the concerned local council for every locality. In Imran Khan’s case, Mufti Saeed, who solemnised the marriage, was the Nikah Khawan but not the Nikah registrar of the Lahore area where the ceremony took place.

The Nikah Khawan, Mufti Saeed, is bound by the law to report the marriage to the Nikah registrar concerned for its registration. The registration procedure is provided in the MFLO to protect legal and matrimonial rights of brides.

Section 5 of the MFLO, dealing with registration of marriages, says every wedding solemnized under the Muslim law shall be registered in accordance with it. For the purpose of registration of marriages under the MFLO, the Union Council (UC) shall grant licenses to one or more persons, to be called Nikah registrars.

It further says every marriage not solemnized by the Nikah registrar shall, for the purpose of registration under the MFLO, be reported to him by the person who has solemnized it. Whoever contravenes this provision shall be punishable with simple imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both.

The section also says that the form of “nikahnama”, the registers to be maintained by Nikah registrars, the records to be preserved by the UCs, the manner in which marriages shall be registered and copies of nikahnama shall be supplied to the parties, and the fees to be charged, shall be such as may be prescribed. Any person may, on payment of the prescribed fee, if any, inspect at the office of the UC the record preserved, or obtain a copy of any entry therein.

According to the West Pakistan rules 1961 made under the MFLO, any person competent to solemnize a marriage under Muslim law may apply to the UC for the grant of a licence to act as Nikah registrar.

If the UC, after making such inquiries as it may consider necessary, is satisfied that the applicant is a fit and proper person for the grant of a licence, grant a licence to him, which shall be permanent and shall be revocable only for the contravention of any of the conditions of the licence.

If any person to whom such a licence has been granted contravenes any of the conditions of it, he shall be punishable with simple imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both.

The UC shall, on payment of such cost as may be determined by the provincial government, supply to every Nikah registrar a register and a seal bearing the inscription “the seal of the Nikah registrar”.

The Nikah registrar shall, in the case of a marriage solemnized by him, fill in Form 12, in quadruplicate, in the register, the persons, whose signatures are required in it, shall then sign, and he shall then affix his signature and seal, and keep the original intact in the register.

The duplicate and triplicate of the nikahnama shall be supplied to the bride and the bridegroom respectively and the quadruplicate shall be forwarded to the UC. If any person required by this rule to sign the register refuses so to sign, he shall be punishable with simple imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both.

Where a marriage is solemnised by a person other than the Nikah registrar, such person shall fill and sign Form II and ensure its delivery expeditiously to the Nikah registrar of the Ward where the marriage is solemnized.