Contract of marriage

Contract of marriage is the most important contract in anyone’s life. All the rights, responsibilities and obligations ordained after marriage incorporated in the clauses pf Nikahnama for bride and groom. One should have to look into the wordings and clauses of the nikahnama before signing this document.
Under the Muslims Family Laws Ordinance a person who attained the age of majority have a right to execute the contract of marriage. For signing naikhanam there is no need of Wali but one must keep in mind about the witnesses who have to sign the documents witnessing therein that this document has been signed in presence of them. One witness for each side would be sufficient. Nikahnama consists of 25 clauses.

Dower Amount
After names, age, witnesses of both clause 13, 14, 15 & 16 is about “Dower amount”. Dower amount actually describes the maintenance and rights and obligations on which the life of the couple is dependent. Clause 13 refers the Dower amount must be according to the salary and/or financial status of the worth of the groom. Dower amount should be as per the financial status of the groom.
Clause 14 refers the type of dower amount i.e. Prompt (Muajjal) and how much is Deferred (ghair muajjal). Prompt dower should be paid immediately after signing of the nikhanama and/or before cohabitation of marriage. Whereas clause 14 gives the exact amount of dower amount to be written. Bride has a right either have or not to have the dower amount. In legal parlance it may be called ‘consideration’ in contract of marriage. Although it is not the amount given to the bride for cohabitation of marriage but it actually phrase the guarantee before initiation of marriage.
Clause 15 emphasised the payment of dower amount by giving the option the quantum to be paid at the time of contract of marriage or thereafter.

Dower
Clause 16 refers the property to be given to the bride in lieu of dower and/or in lieu of the dower with specification an din the value agreed between the two parties.

Special conditions
Clause 17 gives innumerable rights to the bride to lay conditions for demand of monthly maintenance after marriage, house, preferred life style so on and so forth.

Right to Divorce
Clause 18 gives immense powers to be exercised by the wife. In case after marriage is solemnised and the relationship got strained between the husband and wife this clause gives wife to file divorce i.e “talak-e-Tafweez” in which she has the prerogative to have her dower and dowery articles with her. This clause gives he a right by incorporating Talake Tafweez and it should not be ignored.

Husband’s right to divorce
Clause 19 also gives powers to the wife to put embargo on the husband not to give divorce in specified conditions. Inasmuch this clause bound the husband that he can exercise his right to divorce before fulfilling this condition.

Maintenance
Clause 20 bound husband to pay monthly maintenance to wife right after execution of this contract. Maintenance should be according to the financial stability of the husband which has to be given on monthly basis as her personal money to be used by her in any manner which she wants to. This maintenance amount is other than the monthly expenditure of the house to be spend by the husband.

Right to Second Marriage
Clause 21, 22 & 23 again written in favour of wife and gives her ample right either to give permission for second marriage to the husband or not. If so, existing wife has to secure and give permission by writing it to the Arbitration Council under the Muslims Family Laws Ordinance that the groom may to contract another marriage during existing one.

The above document shows that Islam gives ample powers and rights to the woman and one should exercise the same by realizing them and treat them as of their civil rights.

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