NRs Lack Understanding Of Marriage Rights & Laws: Study

News Desk

Islamabad: A study on women’s marriage rights revealed that 86 percent of Nikkah Registrars (NRs) in Lahore believe the bride is not sufficiently educated in religious and legal matters to negotiate terms of her nikkahnama.

Moreover, 85 percent believe that delegating the right to divorce to women in the NN will increase the divorce rate in society and 92 percent believe the wife’s right to maintenance is subject to obedience to her husband.

The data was shared on Tuesday at the launch of ‘Diagnostic Study of Nikkahnamas in Punjab: A Review of Women’s Marriage Rights’. The study was developed by the Center for Human Rights (CFHR) in collaboration with Musawi and the National Commission for Human Rights (NCHR).

The study reviewed 1100 NNs and interviewed 105 NRs in 14 Union Councils of two pilot districts in Punjab, including Lahore and Pakpattan

The study assessed the status of women’s marriage rights to better understand gaps in the existing legislative and institutional framework that hinder women’s access to and implementation of marriage rights in Punjab.

The study reviewed 1100 NNs and interviewed 105 NRs in 14 Union Councils of two pilot districts in Punjab, including Lahore and Pakpattan (2020-2021), besides analysing the related legislative and implementation frameworks.

Key issues identified by the study include gaps in enforcement and implementation of existing laws such as the Punjab Muslim Family Laws Amendment 2015 which prohibits crossing out columns of the NN or leaving them blank.

Moreover, perceptions, beliefs, understanding and capacity of NRs on marriage rights and laws; limited oversight and accountability of NRs; inadequate understanding of the validity of marriage; and inconsistencies in NN form, format, and clauses all impact access to key marriage rights, especially for women.

A survey with NRs in Lahore informed that 67 percent of them believed women’s right to work was subject to their husband’s permission and 26 percent perceived the consent of a guardian as more important than the bride’s free will.

Only 9.7 % of NNs included the right to a monthly allowance and only 3% gave the wife the right to divorce in Lahore: Study 

Besides Only 9.7 percent of NNs included the right to a monthly allowance and only 3 percent gave the wife the right to divorce in Lahore.

In addition, 83 percent considered Haq Mehr to not be mandatory for a valid marriage; 55 percent believe that Haq Mehr is not the sole property of the wife; and 64 percent believe Khula is not an independent right of women to seek divorce.

A survey with NRs in Pakpattan revealed that 60 percent consider consent given under duress valid for the purposes of a marriage. Interestingly, 58 percent of NRs believe that Haq Mehr is not a mandatory requirement for a valid nikkah.

The study shows that only 8 percent included the right to a monthly allowance and 2 percent gave the wife the right to divorce in Pakpattan.

Furthermore, 6 percent believed that a child marriage is legally valid if the guardian gives permission and 40 percent believed that Haq Mehr is not the sole property of the wife.

Only 8% included the right to a monthly allowance and 2% gave the wife the right to divorce in Pakpattan: Study

In addition, 78 percent believed women’s right to work is subject to their husband’s permission and 61 percent believed Khula is not an independent right of women to seek divorce.

NCHR Chairperson Rabiya Javeri Agha said the columns that are usually crossed at the time of Nikkah are actually meant to safeguard and protect women’s rights in marriage.

The study findings highlight the importance of effective implementation of the law that binds NRs to fill these columns, Agha added.

Senior lawyer Tahera Hasan, specializing in family law, stated that the preservation of women’s marriage rights is hindered by the cultural and social impediments that curtail the realisation of these rights.

The Women Development Provincial Minister of Sindh, Shehla Raza further said that the NN can prevent the illegal practice of child marriage, adding that the child marriage law should be implemented in letter and spirit.