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Q: Pakistan marriage laws ( Answered,   0 Comments )
Subject: Pakistan marriage laws
Category: Miscellaneous
Asked by: cam12345-ga
List Price: $100.00
Posted: 14 Sep 2006 13:12 PDT
Expires: 14 Oct 2006 13:12 PDT
Question ID: 765358
This is my second attempt.  I am not certain if the first attempt was
transmitted because of problems with my account.
I need to know the name of the Act or Regulation governming marriage
formalities in Pakistan.  I need the case law or legislative reference
that would indicate that a minor non-compliance on a marriage
certificate would not render the marriage void ab nitio. for example,
the husband failed to sign the nikhnamma. I know the
answer, I need the proof.
Subject: Re: Pakistan marriage laws
Answered By: hummer-ga on 15 Sep 2006 08:02 PDT
Hi cam12345,

"I need the case law or legislative reference that would indicate that
a minor non-compliance on a marriage certificate would not render the
marriage void ab nitio."

The "Muslim Family Laws Ordinance 1961" (MFLO) is the law under which
the marriage contract in Pakistan falls. An "Irregular" or "minor
non-compliance" on a marriage contract does not void the marriage. The
marriage will automatically become "Regular" when the problem is

4. Pakistan
Muslim Family Laws Ordinance,1961
"Pursuant to the Muslim Family Laws Ordinance, all Muslim marriages
must be registered and offenders are liable to be punished with
imprisonment or a fine, or both..."
"Marriages may be deemed valid,irregular or void,depending on the
specific school of Muslim jurisprudence. A valid marriage satisfies
all legal requirements.518 An irregular marriage is not unlawful in
and of itself but is impeded by a certain condition, which, if
changed, could make the marriage valid.519 A marriage contracted
without witnesses or a fifth marriage by a man with four existing
wives are examples of irregular marriages.520 A void marriage is
unlawful in and of itself, and its prohibition is ?perpetual and
absolute.? 521 It creates no civil rights or obligations between
parties, and any resulting children are considered illegitimate.522 A
marriage with a woman who has a valid existing marriage with another
man, or a marriage between persons who are related by certain degrees,
is void.523 Prohibited relationships in marriage include a man and his
mother or grandmother, daughter or granddaughter, sister, niece or
great-niece, paternal or maternal aunt or great-aunt, and certain

Sustainable Development Policy Institute (SDPI)
When is a Marriage Void (batil) or Irregular (fasid)?
    * certain conditions have not been fulfilled, e.g.,:
      marriage contracted without witnesses
The Nikahnama
"The MFLO requires all couples to fill in a standard nikahnama (a copy
is reproduced at the end of this booklet), which follows the principle
under Muslim law that marriage is a contract. This contract sets out
the rights of the bride and groom and, like any other contract, the
conditions can be changed through mutual agreement (in writing) at any
time during the marriage."

Muslim Family Laws Ordinance, 1961
"5. Registration of marriage.
(1) Every marriage solemnized under Muslim Law shall be registered in
accordance with the provisions of this Ordinance.
(2) For the purpose of registration of marriage under this Ordinance,
the Union Council shall grant licenses to one or more persons, to be
called Nikah Registrars, but in no case shall more than on Nikah
Registrar be licensed for any one Ward.
(3) Every marriage not solemnized by the Nikah Registrar shall, for
the purpose of registration under this Ordinance be reported to him by
the person who has solemnized such marriage.
(4). Whoever contravenes the provisions of such-section (3) shall be
punishable with simple imprisonment for a term which may extent to
three months, or with fine which may extend to one thousand rupees, or
with both.
(5). The form of nikahnama, the registers to be maintained by Nikah
Registrars, the records to be preserved by Union Councils, the manner
in which marriage shall be registered and copies of nikhanama shall be
supplied to parties, and the fees to be charged thereof, shall be such
as may be prescribed.
(6) Any person may, on payment of the prescribed fee, if any, inspect
at the office of the Union Council the record preserved under
sub-section (5), or obtain a copy of any entry therein."

I was glad to find this for you. If you have any questions, please
post a clarification request and wait for me to respond before
closing/rating my answer.

Thank you,

Google Search Terms Used: pakistan marriage contract law nikah
nikahnama irregular void signatures fasid
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