Marriage rights
Conservative and patriarchal societal norms have disproportionately limited women’s access to their rights in almost every sphere. The nikahnama, or marriage contract, is no exception as the majority of women remain oblivious of their religious and legal rights that are usually crossed or left blank in their nikahnamas. A recent study on women’s marriage rights in Punjab revealed that 86% of nikkah registrars (NRs) in Lahore believe brides are not competent enough to negotiate the terms of nikahnama; 85% believe that delegating women the right to divorce may increase divorce rates; and 92% think a wife’s right to maintenance is subject to obedience to her husband.
The bias against women extends beyond NRs as families discourage women from reviewing or discussing clauses on their nikahnama before marriage. There is a misperception that improved awareness about marriage rights may turn women rebellious or disobedient. However, access to marriage rights will improve women’s safety and security in marriage and reduce the likelihood of domestic disputes over finances, right to work, etc. Many women remain trapped in abusive marriages because they either lack awareness about khula or cannot use this right. Forcing women to stay in violent situations by depriving them of their religious and legal rights does little for the country’s social fabric. Similarly, NRs often officiate child marriages if the guardian of the child gives permission. This is a blatant violation of the child’s rights and exposes them to dangerous situations.
The study signifies that existing legislation is brazenly ignored and NRs are not just breaching laws but also getting away with it. Policymakers, the judicial system and activists need to do more than just pay lip service to safeguard women’s agency and rights. Along with improving awareness about marriage rights among women, the deep-rooted misogynist and patriarchal mindsets need to be dismantled by strictly implementing laws to allow women some respite and halt serious violations such as child marriages.
Published in The Express Tribune, August 13th, 2023.
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