Nikah is a religious ceremony that declares and announces a Muslim couple legally wed under Islamic Law. In other words, Nikah is a legal contract of marriage between a boy and a girl. According to Section 5 of the Muslim Family Laws Ordinance, 1961, every marriage solemnized under Muslim Law shall be registered following the provisions of this Ordinance. MFLO 1961 also directs us about the Nikah without a marriage license.
Section 5 of the Muslim Family Laws Ordinance, 1961, further states:
- For registration of marriages under this Ordinance, the Union Council shall grant licenses to one or more persons, to be called Nikah Registrars, but in no case shall more than one Nikah Registrar be licensed for any one Ward.
- Every marriage not solemnized by the Nikah Registrar shall, for registration under this Ordinance, be reported to him by the person who has solemnized such marriage.
- Whoever contravenes the provisions of subsection (3) shall be punishable with simple imprisonment for a term which may extend to three months, or with a fine which may extend to one thousand rupees, or with both.
- The form of Nikah Nama, the registers to be maintained by Nikah Registrars, the recorders to be preserved by Union Councils, the manner in which marriage shall be registered and copies of Nikah Nama shall be supplied to the parties, and the fees to be charged, therefore, shall be such as maybe prescribed.
- Any person may, on payment of the prescribed fee, if any, inspect at the office of the Union Council the record preserved under subsection (5) or obtain a copy of any entry therein.
Consequences of Non-Registration of Marriage
According to Section 5 of the Muslim Family Laws Ordinance, 1961, marriage registration is mandatory. If not followed, it is a punishable offense. Non-registration of marriage may lead to imprisonment, fine, or both, of the person who has solemnized such marriage. However, it does not make the Nikah without a marriage license invalid. The following conditions apply here:
- Both parties accept Nikah.
- The husband admits the paternity of the children from this marriage.
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