• Asks govt to revise document to ensure it is easily understood
• Calls registrars’ role vital in safeguarding interests of men, women

ISLAMABAD: The Supreme Court has ordered the government to simplify Nikahnamas and ensure that nikah registrars are qualified, knowledgeable and persons of integrity to preserve the rights of the bride and groom in a marriage.

The directions were issued in a verdict released on Thursday.

The verdict was authored by Justice Athar Minallah, who was part of a three-judge bench that heard appeals filed by a man and woman who disagreed over the provisions of dower mentioned in the Nikahnama.

Fakhra Jabeen, the woman, filed an appeal against the Dec 13, 2021, verdict of the Lahore High Court, which held that entries in the Nikahnama must always be interpreted in favour of the groom because he has to bear the burden of the liabilities recorded in the contract.

In the 22-page judgement, Justice Minallah regretted the large number of disputes reaching the Supreme Court over the interpretation of entries recorded in Nikahnamas.

The judgement stated that the Nikahnama annexed in the Family Rules needed to be reviewed and made more user-friendly so that “even a literate person of ordinary prudence does not have difficulty in understanding its requirements and the columns”.

The expressions used in the prescribed form are ambiguous and, therefore, open to being misconstrued.

The federal and the provincial governments may, therefore, consider reviewing the Nikahnama to make it more user-friendly and remove the ambiguities likely to arise from the vague and ambiguous expressions used in the headings of the columns, the judgement said.

“This would not only protect the rights of the parties in general, and the women in particular, but would also reduce litigation since a more user-friendly prescribed form of the Nikahnama will give rise to lesser disputes,” the judgement said.

Qualified registrars

In many cases, the judge noted, such disputes may not have arisen if the headings of the columns were not open to be misconstrued or if the nikah registrar had fulfilled their duties under the law.

He observed the integrity, competence, knowledge and understanding of nikah registrars were crucial for effectively safeguarding the rights of the parties, particularly the women.

These officials were licensed under Section 5(2) of the Muslim Family Laws Ordinance to ensure that both parties exercise their rights and that the entries recorded in the Nikahnama correctly reflect their intention, the judgement said.

The government has a statutory duty to guide union councils in setting out adequate qualifications and criteria for granting licences to nikah registrars.

Moreover, the training and evaluation of these officials would further ensure that social or cultural norms and influences do not prevail over the absolute rights bestowed upon women under the law.

In Punjab, the provincial assembly has made it mandatory for the registrars to accurately fill all columns of the Nikahnama with specific answers of the bride and groom.

Breaching this duty exposes the registrar to penal consequences, i.e. imprisonment for up to one month and Rs25,000 fine, the judgement said, adding the purpose of this legislation was to “protect women from exploitation and provide them with expeditious resolution of family disputes and ancillary matters”.

The court also directed that the judgement’s copies be sent to the cabinet secretary and provincial chief secretaries to consider the suggestions and observations regarding Nikahnamas and registrars.

“We expect that effective steps would be taken to ensure safeguarding the rights of the parties to a marriage contract, particularly the bride who may be more vulnerable on account of multiple factors, including the cultural and social norms and beliefs,” the judgement observed.

Published in Dawn, June 27th, 2025