'Carefully read Nikahnama before you sign it'

Speakers urge parents, women to read marriage contract during 'Mela on Women’s Rights in the Nikahnama' event by LAS

KARACHI:

Speakers at an event titled 'Mela on Women’s Rights in the Nikahnama,' organised by the Legal Aid Society (LAS) on Wednesday in Karachi, urged parents and young women to thoroughly read the legal rights outlined in the marriage contract before signing.

"The Nikahnama is more than just a formality," stated Haya Emaan Zahid, CEO of LAS. "It is a powerful tool for women to secure their rights."

Sindh Human Rights Commission Chairperson Iqbal Detho noted that Sindh is the only province in the country that equalises the marriage age for brides and grooms, referring to the Sindh Child Marriage Restraint Act, 2013, which was introduced to discourage underage marriages.

"Both the bride and groom have the full right to read and fill out their Nikahnama," added Syed Khalid Hyder Shah, Additional Chief Secretary of Local Government. 

"We need to raise awareness and counsel people on their rights and responsibilities, particularly regarding the Nikahnama and marriage." He stressed the importance of ensuring that every Nikahnama is filled out completely.

Shah also mentioned that exact data on Nikahkhuwas (registrars) in Sindh is currently unavailable, but efforts are being made to collect it. Additionally, a column for the Computerised National Identity Card information is being added to the Nikahnama, he added.

During a panel discussion, speakers reiterated the importance of carefully reviewing the Nikahnama before signing. 

"Most girls see it for the first time on the day of their nikah," remarked podcaster and writer Elhaam Shaikh. She pointed out that while Pakistani dramas often highlight social issues, they rarely address this critical topic.

Annam Khan from Aahung discussed the challenges faced by girls in underage marriages, including complications during pregnancy, domestic violence, and mental health struggles. "Their childhood is stolen," she said.

Syed Uzair Al Huda, a Nikah registrar, shared his experience of families refusing to fill out the Nikahnama, even when he insisted. "The Nikahnama ensures gender equality, particularly when families give it proper attention. Both the bride and groom must read and fill it out themselves. It’s a crucial contract that impacts their entire married life, yet many don’t even bother to read it."

Bassam Dahri from LAS highlighted a significant point of law: adult women do not need permission from their guardians to marry. He also stressed the importance of clause 17 in the Nikahnama, which outlines special conditions applicable in family court, as long as they do not violate the rights of either the bride or groom.

In a play directed by renowned classical dancer and social activist, Sheema Kermani, the issue of the Nikahnama was briefly highlighted. One character, carrying the slogan "Kam Umari Ki Shadi Zulm Hai" (child marriage is oppression), shared her story of being married at the age of 14. 

"I was not consulted about anything," she said. "But I will ensure that my 14-year-old daughter has the freedom to read the Nikahnama." Another character, with the slogan "Nikahname Ko Izat Do" (respect the Nikahnama), stressed the importance of the rights enshrined in the marriage contract. "I view it as an agreement, but I still haven’t received my due rights. Does the law allow me to file an FIR?" she asked.

The play boldly addressed key challenges faced by married women. "Why is there so much injustice toward us [women]?" questioned Kermani. She mentioned that she has been organising theatre performances across Sindh to raise awareness about child marriage and women’s rights.