Reading Your Nikkah Nama

Re: Reading Your Nikkah Nama

Can you write down a breakdown in the haq mehr line so it reads predetermined values of alimony, child support, etc?

Re: Reading Your Nikkah Nama

My wife did not read the Nikkah Nama before signing it but I made sure that Qazi Sahab dont cross out any rights related to bride which are normally crossed in Pakistan such as right to divorce etc.

You can write whatever in marriage contract but Islamically there is a single thing called "mehr". Why do you want to even break it down? Islamically, guy is responsible for providing child support anyway. Mehr is TOTALLY the right of bride and is in addition to other things like chid support etc

I am not aware of canadian laws. But, as far as US, religious agreements like haq mehr hold no value whatsoever in court.

I know at least one case where the guy ended up with alimony, child support and payed haq mehr. By law, alimony and child support and asset division is guaranteed inorder to protect the spouse.

To demand a large amount of haq mehr on top of all these built in protections in the west makes little sense. To me anyone who asks for a large haq mehar is most likely unaware of the laws.

Re: Reading Your Nikkah Nama

Nikah Nama is a contract...a legal document that is signed by both parties in the presence of witnesses. It lists the mehr amount, definitely holds up in court and I do know of two people who have gone to court to get their mehr. They were divorced and then denied mehr.

Re: Reading Your Nikkah Nama

*(I should have read my Islamic marriage contract.)

This is the article. Scary that a lot of guy’s families cut out a woman’s right to ask for a divorce without even telling the bride, and even scarier that women, even EDUCATED women, are signing these things without asking to read a finalized copy before signing THAT finalized copy.*

One question.

If woman's right to file for divorce has been cancelled on nikah nama, does that mean she can't ask for khulla?

I don't understand that part. Could someone please clarify what it means and if right for divorce has been cancelled then what woman would have to do if she wants a divorce. Or does that mean she can never get a divorce?

Thanks,

Re: Reading Your Nikkah Nama

Familiarize yourself with what the Constitution of Pakistan says.

Even IF the husband DOES take away his wife's right to a Khulla, it is NOT VALID according to the constitution.

If you are in this situation, I would advise you to seek legal counsel in Pakistan and even visit various Pakistani legal websites. It is clearly written that this specific clause is invalid and a woman can get a khulla under certain conditions.

(i.e. husband not supporting his wife for 2 years, abuse, etc.)

Re: Reading Your Nikkah Nama

Then why is there a LEGAL document actively being used by EVERYONE in the country which allows the right for the couple (aka the husband without consulting his soon to be wife) to remove the right of requesting divorce from the wife's side?

If it's not valid according to the constitution, the option should not even be included in the nikkah nama.

Wow. The gov't of Pakistan yet again amazes with its awesomeness.

Re: Reading Your Nikkah Nama

The maulvis do what they want PCG … the government doesn’t enforce it. But your legal right IS there if you seek it. Too many ppl assume that they have lost the right.

You are right … it shouldn’t even be in the document, but I guess it makes certain “mards” feel powerful and in “control”. :rolleyes:

Honestly, only an exceptionally cruel person would take away this right from their spouse. Most people don’t go into a marriage thinking their spouse would do this, which is why they don’t check the nikkahnama.

Re: Reading Your Nikkah Nama

Yet apparently, many nikkahnamas are churned out where that right IS repealed by the husband, and it is on this very naive thought process ke husband woudn't do such a thing, that these things are not checked by the bride or the bride's family.

I mean, if I was giving my daughter away in marriage, I'd check that thing a million times and have her check it too before signing. And if the other party dared to take away that right, I would confront them about it, and break the rishta right then and there. It is not worth being with families that treat your daughter like a piece of crap property.

Re: Reading Your Nikkah Nama

You guys should be careful about what you read on internet. ‘Slate Magazine’ might not be the fountain of enlightenment you are looking for.

In addition to ‘Khula’, women can get judicial divorce as well. Please read SSRN-Who Says Muslim Women Don?t Have the Right to Divorce? ? A Comparison between Anglo-American Law and Islamic Law by Kathleen Miller for detailed description of the process from a “westerner’s” perspective if you do not (possibly, rightly) have faith in our corrupt maulvis.

And yes, the nikahnama should be read carefully and clauses discussed with both families present much before the actual signing date or start of all the shadi hangama.

Re: Reading Your Nikkah Nama

You do realise this applies to all contracts right? Get a authentic version and read it before you sign it.

Women are to blame for not reading and then signing something that does not benefit them.

Re: Reading Your Nikkah Nama

And their families are blamed for not encouraging the girl to read it (its enough that a wedding ceremony is disorganized and crazy with details as it is, so make it easier for her to read it, and certainly do not DISCOURAGE her if she asks to see the document), and the blame is also to be placed on men's families for taking advantage of this chaos to slip in what they want into the document. All parties here are to be blamed - men as equally as women.

Especially if you as a man, know that your buddies are pulling these shenanigans on their to-be wives. You should speak up about it.

Re: Reading Your Nikkah Nama

I filled my own nikah nama :snooty: (My dad had photocopies done and I filled it in which my dad copied on the original one later). I filled in the sections for right of khula,second marriage,haq mehr,pocket money,other conditions,etc making sure nothing is cut out like i had seen in every nikah nama in family earlier. My hubby (fiance then) knew what I was writing and he agreed to it. his family created issues at the time of nikah about khula point specially (as my dad had already discussed the haq mehr with them and they though that was the onely point to be discussed) but all went fine when hubby settled them about it.

Re: Reading Your Nikkah Nama

What was the issue they had with khula?

Re: Reading Your Nikkah Nama

this is crucial for sure, the nikah nama needs to be discussed in detail by the couple prior to the day, just like other issues like wedding venues, dates, clothes, jewellery etc etc are discussed in detail. somehow this takes a backseat to the other more seemingly 'important' stuff, only ourselves to blame.

Did this take place in a Western, developed country? I only ask because I wonder which legal systems in which countries consider a "nikah nama" a legally binding contract. Instead of getting a couple of mullahs and a calligrapher, why not just hire a couple of lawyers and suss out a formal prenuptial agreement that doesn't conflict with your state's divorce laws?

Re: Reading Your Nikkah Nama

Because the maulvis would have a heart attack.

If we're lucky. ;-)