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[Nikahnama][Nikahnama]
Presented byPresented by
Shahina AkbarShahina AkbarAdvocate High Court, PakistanAdvocate High Court, Pakistan
The MarriageThe Marriage
ContractContract
1
BACKGROUNDBACKGROUND
 My InspirationMy Inspiration
 I did not see my marriage contract, nor did II 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 rightsStrike-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 theTo create awareness about the
marriage contractmarriage contract
 To secure more favorable terms forTo secure more favorable terms for
women in marriage.women in marriage.
5
The ProblemThe Problem
 Women suffering from unfavorableWomen suffering from unfavorable
marriage conditions.marriage conditions.
 Causes:Causes:
 Lack of AwarenessLack of Awareness
 Elder men handle the marriage contractElder men handle the marriage contract
signingsigning
 Couples are uninformedCouples are uninformed
6
Strategy For ChangeStrategy For Change
 Lecture in homes, schools, colleges, vocationalLecture 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 assistI am invited to marriages in order to assist
filling out the marriage contract. As afilling out the marriage contract. As a
result, I have been able to help ensure theresult, I have been able to help ensure the
bride’s right to divorce and reasonablebride’s right to divorce and reasonable
Mahr payable on demand.Mahr payable on demand.
9
10
11
12
13
14
15

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Muslim law ppt1

  • 1. [Nikahnama][Nikahnama] Presented byPresented by Shahina AkbarShahina AkbarAdvocate High Court, PakistanAdvocate High Court, Pakistan The MarriageThe Marriage ContractContract 1
  • 2. BACKGROUNDBACKGROUND  My InspirationMy Inspiration  I did not see my marriage contract, nor did II 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 rightsStrike-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
  • 3. 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. 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. ________________ ________________ _________
  • 5. OBJECTIVEOBJECTIVE  To create awareness about theTo create awareness about the marriage contractmarriage contract  To secure more favorable terms forTo secure more favorable terms for women in marriage.women in marriage. 5
  • 6. The ProblemThe Problem  Women suffering from unfavorableWomen suffering from unfavorable marriage conditions.marriage conditions.  Causes:Causes:  Lack of AwarenessLack of Awareness  Elder men handle the marriage contractElder men handle the marriage contract signingsigning  Couples are uninformedCouples are uninformed 6
  • 7. Strategy For ChangeStrategy For Change  Lecture in homes, schools, colleges, vocationalLecture 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
  • 8. 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
  • 9. OutcomeOutcome Success StoriesSuccess Stories I am invited to marriages in order to assistI am invited to marriages in order to assist filling out the marriage contract. As afilling out the marriage contract. As a result, I have been able to help ensure theresult, I have been able to help ensure the bride’s right to divorce and reasonablebride’s right to divorce and reasonable Mahr payable on demand.Mahr payable on demand. 9
  • 10. 10
  • 11. 11
  • 12. 12
  • 13. 13
  • 14. 14
  • 15. 15