[Nikahnama][Nikahnama]

Presented byPresented by

Shahina AkbarShahina AkbarAdvocate High Court, PakistanAdvocate High Court, Pakistan

The Marriage The Marriage Contract Contract

1

BACKGROUNDBACKGROUND

My InspirationMy Inspiration I did not see my marriage contract, nor did I I did not see my marriage contract, nor did I

know my rights before signing it. know my rights before signing it.

Legal Rights vs. Custom/CultureLegal Rights vs. Custom/Culture Strike-out clauses that give women legal rights Strike-out clauses that give women legal rights

Delays in legal case; no financial rightsDelays in legal case; no financial rights

Studied law and fought my own case.Studied law and fought my own case.

2

Legal Vs. Custom

(13) Amount of Mahr. Rs. 32/- (Less than half a dollar.)

(14) Amount of Mahr Prompt and amount to be paid later.

Later

(15) Was any amount of Mahr paid at the time of marriage. If paid how much?

______________________

(16) If property given in lieu of Mahr. Details & particulars of property.

_________________________________

(17) If any other condition laid. ___________

4

(18) Whether the husband has delegated the power of divorce to the wife, if so, under what conditions?

__________________________________________

(19) Whether there is condition on the husband’s right of divorce in any way

__________________________________________

(20) Whether any document was drawn up at the time of

marriage relating to dower, maintenance, etc. If so contents thereof in brief.

__________________________________________

(21) Whether the bridegroom has any existing wife, and if so,

whether he has secured the permission of the Arbitration Council, under the Muslim Family Law Ordinance, 1961, to contract another marriage.

______________________________________________________________________

(22) Number and date of the communication conveying to the bridegroom the permission of the Arbitration Council to contract another marriage.

_________________________________________

OBJECTIVEOBJECTIVE

To create awareness about the To create awareness about the marriage contract marriage contract

To secure more favorable terms To secure more favorable terms for women in marriage.for women in marriage.

5

The ProblemThe Problem

Women suffering from unfavorable Women suffering from unfavorable marriage conditions.marriage conditions.

Causes:Causes: Lack of AwarenessLack of Awareness Elder men handle the marriage Elder men handle the marriage

contract signingcontract signing Couples are uninformedCouples are uninformed

6

Strategy For ChangeStrategy For Change Lecture in homes, schools, colleges, vocational Lecture in homes, schools, colleges, vocational

centers, First Women Bank, hospitals, centers, First Women Bank, hospitals, professional & non-professional women clubsprofessional & non-professional women clubs

Explain the marriage contractExplain the marriage contract Highlight the bride’s right to:Highlight the bride’s right to:

A representative or lawyer;A representative or lawyer; Divorce;Divorce; Place conditions on divorce from husbandPlace conditions on divorce from husband Maintenance, allowanceMaintenance, allowance

Certificate of divorce/deedsCertificate of divorce/deeds Role of Arbitration CouncilRole of Arbitration Council

7

Strategy For ChangeStrategy For Change

Identify Obstacles To ChangeIdentify Obstacles To Change Question & Answer SessionQuestion & Answer Session Cultural ObstaclesCultural Obstacles

Techniques to Overcome ObstaclesTechniques to Overcome Obstacles Engage family membersEngage family members Avoiding tampering of contractAvoiding tampering of contract

Know Your Legal RightsKnow Your Legal Rights Family Courts ActFamily Courts Act

8

OutcomeOutcome

Success StoriesSuccess Stories

I am invited to marriages in order to I am invited to marriages in order to assist filling out the marriage assist filling out the marriage contract. As a result, I have been contract. As a result, I have been able to help ensure the bride’s right able to help ensure the bride’s right to divorce and reasonable Mahr to divorce and reasonable Mahr payable on demand.payable on demand.

9

10

11

12

13

14

15