ISLAMABAD (APP) — Law and Justice Commission has prepared a draft of new “Marriage Expenses, Dowry and Bridal Gifts (Restriction) Act 2003” to relief general public by imposing restrictions on ostentatious displays on marriage ceremonies, limiting the value of dowry and bridal gifts and the enhancement of penalty on its violation.
The draft would be presented in a National Workshop, “Prohibiting Excessive Expenditure on Marriage Ceremony and Dowry” as organized by Law Commission on July 25-26, which would be presided over by Chief Justice of Pakistan, Sheikh Riaz Ahmad. Dr Abdul Qadir Khan, Special Advisor to Prime Minister on Strategic Programmes and President SACHET will be the chief guest.
The proposed Act to be called as “Marriage Expenses, Dowry and Bridal Gifts (Restriction) Act 2003” would come into force after its approval in the form of government notification.
The Law Commission recommends proposals to provide relief to the general public by imposing restrictions on ostentatious displays on wedding occasions and other wasteful marriage expenses. The recommendations also prescribes value limit for dowry and bridal gifts and the further enhancement of penalty after violation of law.
The social implication of the proposed Act is to impose certain limitations over the value of dowry and expenditure of weddings to relieve financially-ridden people from the burden of unnecessary social customs.
The law defines “dowry” as the property given before, at or after the marriage, either directly or indirectly, to the bride by her parents in connection with the marriage. However, it does not include property which the bride may inherit under the laws of inheritance and succession applicable to her.
Similarly, the “bridal gifts” means any property given to the bride as a gift before, at or after the marriage, either directly or indirectly by the bridegroom or his parents in connection with the marriage but exempts the money of ‘Haq-e-Mehr’.
The total expenditure on marriage, excluding the value of dowry, bridal gifts and presents, but including the expenses of mehndi, baraat and walima, shall not exceed Rs 50,000.
No meal except the soup or hot or cold soft drinks will be served in the marriage function in the club, hotel, restaurant, wedding hall, community park or any other place. However, this condition does not implies to the eating meals within the house by the members of family celebrating the marriage and the house guests.
Also, the proposed Act bounds the owner or runner of hotels and restaurants to not to allow any meal serving except the soup, hot or cold soft drinks.
The proposed Act prohibits ostentatious celebrations which include decorating the street, road or public park or any other place other than the house or a building where marriage ceremony is being held. The use of firecrackers or other explosive devices including firing by fire arms is completely ban on wedding occasions.
The value of dowry should not exceed fifty thousand rupees (Rs 50,000) to be given to the bride at the time of her marriage or her Rukhsati.
The gifts presented by other relatives to bride or bridegroom should not exceed the value of Rs 500.
The government officials as President, Prime Minister, federal ministers, chief ministers, state ministers, advisors, governor, speaker, deputy speaker, chairman and deputy chairman of senate, judge of the Supreme Court or High Court, parliamentary secretaries, members of senate, national and provincial assemblies, judges of sub-ordinate courts, members of administrative courts/tribunals, government servants or any officer serving in any corporation, industry or establishment owned, controlled or managed by government, commissioned officers of armed forces and Nazim and Naib Nazim will not be allowed to receive any present in connection with his marriage or the marriage of his son, daughter or any other dependant except from his relations (Khandaan).
However, the above mentioned restriction shall not apply to the official lower than Grade 17 and who in any manner is not exersising the judicial, revenue and executive authority.
All the property given as dowry, bridal gifts and presents to bride shall vest absolutely in the bride and her interests in the property however derived shall not be restrictive, conditional or limited.
The proposed draft includes bar on exhibition and display of dowry and bridal gifts in the form of cash, ornaments, clothes or other articles.
The parents of each party to a marriage shall furnish to the Nikkah Registrar the lists of dowry and bridal gifts given or received in connection with marriage. In case of property given or accepted before or at the time of the marriage, the list will be furnished within 15 days of its being given or accepted.
According to recommendations, each party shall submit details of expenditure incurred on the marriage, duly signed or thumb-marked by them within one week. The Nikkah Registrar shall forward the lists and details of expenditure to the Nazim, Union Council within 15 days of receipt of such lists or details of expenditure.
In case of violating the provision regarding the serving of meals and prohibition of ostentatious celebrations will be fined not less than one lakh rupees and not more than three hundred thousand rupees (3 lac rupees). However, on contravening the other provisions, a fine upto Rs 50,000 or a three-month imprisonment or both may be imposed.
The property confiscated in case of contravention would be forfeited to the government to be utilized for the marriage of poor girls in such way as may be prescribed by the rules.
The Law Commission also proposes for the procedure of trial as any offence triable by Family Court established under the Family Courts Act 1964 and the Family Court shall follow the procedure prescribed by the Code of Criminal Procedure 1898. No Family Court shall take cognizance of an offence punishable under this Act except upon a complaint in writing made by or under the authority of the Nazim, Union Council or any other person accompanied by two witnesses within nine months from the date of nikkah, and if Rukhsati takes place some time after Nikah, from the date of such Rukhsati.
I also agree that there needs to be some restriction on too huge wedding functions. But a 50,000 Rs limit for the whole wedding? That is just totally unrealistic.
So I hope this law does not come into existance before October. ;)
what is so unrealistic....i think even 10,000 Rs r more than enough for a decent marriage...
its coz of these stupid dowry and un-islamic traditions that most of the girls in pakistan cannot get married...
[QUOTE]
*Originally posted by Umer: *
I also agree that there needs to be some restriction on too huge wedding functions. But a 50,000 Rs limit for the whole wedding? That is just totally unrealistic.
So I hope this law does not come into existance before October. ;)
[/QUOTE]
i hope it comes into act before the end of the month.... :p
that money can be used for better purposes....
acha hai! :k: shadi ka kharch kam ho to mazeed ke baare main socha ja sakta hai. bara sa sar hilata hai
ghareebo...apni shaadi ka waqt aaya tau kharchaa kam karney kee baat aa gaee....
i would say, this law should be imposed from RIGHT NOW...
[QUOTE]
*Originally posted by armughal: *
i hope it comes into act before the end of the month.... :p
that money can be used for better purposes....
[/QUOTE]
i am surprised pakistanis give dowries to men it should be other way around in islam?
Saudis open debate on dowries
^
the "meher" is what the arabs usually give....
but in pakistan, the hindu custom of giving a dowry (jaheyz in urdu) is also a part of marriage....
the groom gives the meher to the bride, and the jaheyz is given by the bride's family....
this jahez thing is purely cultural and has nothing to do with religion....
i think it is tatally the lack of education in pakistan and coz of that we r following the hindu traditions....its time now to break free from these hindu (as well as western) traditions and follow the path outlined by islam...
btw, has anybody ever given a serious thought on the plague spread by giving dowries.... and not forget, dowry isnt the only thing....what abt these stupid traditions like mehni, doodh-pilaai, joota-chhupayee etc....there is no logical explaination behind them....
usually on the RUKHSATI day, the bride wears a dress worth 50,000 Rs or more...and this dress is of the kind that cannot be worn again....won't it be better to give these 50000 Rs as sadaqa rather than one-time show-off?????
[QUOTE]
*Originally posted by knightofhearts: *
i think it is tatally the lack of education in pakistan and coz of that we r following the hindu traditions....its time now to break free from these hindu (as well as western) traditions and follow the path outlined by islam...
btw, has anybody ever given a serious thought on the plague spread by giving dowries.... and not forget, dowry isnt the only thing....what abt these stupid traditions like mehni, doodh-pilaai, joota-chhupayee etc....there is no logical explaination behind them....
usually on the RUKHSATI day, the bride wears a dress worth 50,000 Rs or more...and this dress is of the kind that cannot be worn again....won't it be better to give these 50000 Rs as sadaqa rather than one-time show-off?????
[/QUOTE]
some of them are cultural. desire for male children is very strong
in south asia and china than in mid-east.
[thumb=C]cartoon.JPG[/thumb]
Run Umer Run… 
[QUOTE]
*Originally posted by knightofhearts: *
what is so unrealistic....i think even 10,000 Rs r more than enough for a decent marriage...
[/QUOTE]
We're talking about Pakistani Rupees here. Not US dollars.
A decent, relatively simple bridal dress alone would take away that budget of 10,000 Rs.
[QUOTE]
*Originally posted by knightofhearts: *
its coz of these stupid dowry and un-islamic traditions that most of the girls in pakistan cannot get married...
[/QUOTE]
Alhamdulillah, I'm planning to have a wedding that is far from those typical "show-off" marriages. But even if you keep it simple and forget about dowry, you'll end up with a lot more than your suggested 10,000 Rs.
If the government introduces means to make a decent wedding possible with 50,000 I would also be on your side and fully support it. (Zaahir hai, mere hi paise bachain ge. :D) But as long as the inflation brings prices up to the levels they're standing at, there is no way people will abide by this law. Even if they want to.
10,000 rupees cant even buy a camera. Let alone prepare a wedding.
I see this act as just another waste of time. Its well known people with the money will spend as much as possible, and people without money will use it as an excuse not to spend more than 50k.
Making such laws is waste of time and money, and perhaps opening more doors for bribery.
How would you really control the expenses in a wedding? They couldn't control the food being served in weddings which is much more easier to implement. People will bribe the LEA and get away with it, those who wouldn't bribe will be taunted as weak, "buzdil" etc. Controlling food service was observed a lot in the beginning but then it faded gradually. Some people kept following law, but many avoided it or should I say broke it.
I think it does not matter how big or small a wedding should be. It all depends on the people who are getting married and their families. If they want a big bash then go for it, if not then so be it. Nothing wrong or haram with it. It's a wedding, one should have fun. Fun in the way that they like and can afford.
I will support any law which provides some back-bone to the self-respecting people who will say that they will not take a loan to wed-off their daughters.
The demands of some in-laws are quite outrageous, and many people (in fact a vast majority of people in Pakistan) whose daughters are getting married have to swallow a lot of pride, get loans, ask for help from relatives to keep up with the pressures of huge dowries, lavish weddings and gifts which are not at all, in line with their earnings or savings. And then, these poor parents spend years trying to pay back these loans, and still the demands of the in-laws never end. Many girls in Pakistan are unable to get married because their parents can not afford a huge dowry or the lavish wedding which is demanded by the larkay-wallay.
Limits on wedding expenditures is a very good idea. Atleast until our general population is educated enough to take a stand against nonsense demands by jaahil people who seem to think that their sons should have a higher price-tag and the value of daughter-in-law is to be measured with the amount of gold she brings and not the manners and education imparted by her parents.
Enforcing such laws are really problematic, because those whose lives are spent floundering every law in Pakistan will again try to find all kinds of loop-holes, sifarish and rishwat to circumvent these requirements, so now its upto the people to comply with these laws and report to the authorities when they see anyone flaunting the law.
^ Faisal thats kinda like what Arabs do just the other way around. Instead of the girl, it is the guy and his family who at times take out loans to get wed 
.
I think both are just foolish.
thats exactly what i am talking abt...yeah i was talking abt Pak Rs...btw, what is the use of 10000+ Rs bridal dress....can anyone explain...isnt it just wastage of ur hard-earned money....
[QUOTE]
*Originally posted by Umer: *
We're talking about Pakistani Rupees here. Not US dollars.
A decent, relatively simple bridal dress alone would take away that budget of 10,000 Rs.
Alhamdulillah, I'm planning to have a wedding that is far from those typical "show-off" marriages. But even if you keep it simple and forget about dowry, you'll end up with a lot more than your suggested 10,000 Rs.
If the government introduces means to make a decent wedding possible with 50,000 I would also be on your side and fully support it. (Zaahir hai, mere hi paise bachain ge. :D) But as long as the inflation brings prices up to the levels they're standing at, there is no way people will abide by this law. Even if they want to.
[/QUOTE]
Two tumbs up for such laws :k: Its sad but people need some of these restricting rules.
PS: Where does the gold fit into this, you can’t even get a simple gold set for that price in Pakistan ?
Instead of the girl, it is the guy and his family who at times take out loans to get wed
Thats the practice done in Pashtun society as well. It's closer to the Arabs and Islamic traditions, but taking loans for a marraige JUST because of social pressures is not good.
Faisal: You hit the nail right on it's head, Pakistan has countless laws regarding Dowry and corruption, it's a question of morality, not law, that stops people from obeying them.