A study on women’s marriage rights revealed that 86 per cent Nikkah Registrars (NRs) in Lahore believe the bride is not competent enough to negotiate terms of her nikkahnama, 85 per cent believe that delegating the right to divorce to women in the nikkahnama will increase the divorce rate and 92 per cent believe the wife’s right to maintenance is subject to obedience to her husband.
The data was shared at the launch of “Diagnostic Study of Nikkahnamas in Punjab: A Review of Women’s Marriage Rights (Diagnostic Study).” The study was developed by the Centre for Human Rights (CFHR) in collaboration with Musawi and the National Commission for Human Rights. 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 nikkahnama’s and interviewed 105 Nikkah Registrars in 14 Union Councils of 2 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 of columns of the Nikkahnama 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 validity of marriage and inconsistencies in nikkahnama form, format and clauses all impact access to key marriage rights, especially of women.
Speaking on this occasion, Chairperson NCHR RabiyaJaveri Agha said the study will contribute in improving the knowledge and awareness of Nikkahnama clauses and women’s marriage rights across the country. “Columns that are usually crossed at the time of Nikkah are actually meant to safeguard and protect women’s right in a marriage. The study findings highlight the importance of effective implementation of the law that binds NRs to fill these columns.”
CEO, Musawi Fatima YasminBokhari said that, “The Nikkahnama is the starting point in a conversation on women’s marriage rights. If properly understood and filled, it enables essential safeguards for women.
