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The Supreme Court of Pakistan has ordered the federal and provincial governments to simplify the Nikahnama (marriage contract) and ensure that Nikah registrars are qualified and trained to protect the rights of both parties.
The judgment, issued Thursday, was authored by Justice Athar Minallah as part of a three-member bench. The court was hearing appeals in a case involving a disagreement over dower entries in the Nikahnama.
The case involved Fakhra Jabeen, who challenged a 2021 Lahore High Court decision that said unclear Nikahnama terms must always favor the groom, who bears financial responsibilities under Islamic law.
In the detailed 22-page judgment, Justice Minallah noted that many disputes reach the courts due to confusion caused by vague and unclear Nikahnama language and structure.
The court observed that the current Nikahnama form is too complex, using ambiguous language that even literate individuals find difficult to understand, resulting in legal misinterpretations.
Justice Minallah stressed the need for user-friendly and clear marriage contracts that reduce litigation, protect rights – especially of women – and reflect the real intentions of both bride and groom.
He noted that the competence and integrity of Nikah registrars is essential. These officials must have the knowledge and legal awareness to accurately record the couple’s intentions.
The court directed the government to review qualifications for registrars, ensure proper training, and take action if social or cultural norms interfere with the legal rights of women.
In Punjab, a law already requires registrars to properly fill all Nikahnama columns with specific answers from both parties. Failing this can lead to jail time and fines, as stated under provincial law.
The judgment said this law was designed to protect women from exploitation and speed up the resolution of family disputes by ensuring transparent documentation.
The court ordered copies of the judgment sent to the cabinet secretary and provincial chief secretaries to act on the recommendations related to Nikahnamas and registrar qualifications.
Justice Minallah concluded that effective steps must be taken to safeguard marriage rights, especially those of brides who may be more vulnerable due to societal pressures.
The ruling urges reforms that can improve the clarity of marriage contracts and enhance legal protections for women through qualified and accountable Nikah registrars.
