Womens right to divorce, given by her husband

Lifestyle Relationships
21

Re: Womens right to divorce, given by her husband

^ Good point shahwaiz, I can imagine how the girl's parents in Pakistan must feel somewhat helpless and afraid to bring this up.

This thread is so interesting. I had noo idea women had this right in Islam. Very ignorant of me.

22

Re: Womens right to divorce, given by her husband

Now on I'll say all girl tell your parents before nikkah that what you want to write in that nikah nama and fight for your right.

Why don't GS ppl provide a nikah nama's paper from England, UK, US, Canada and Pakistan and India.

To let ppl know what is in there and tell also what can girl or guy ask for their right It would be a great help for those who don't know.

Great thread.

muhabbat ki burai
23

I have few questions....So in Pakistani nikkah nama there is a clause that gives a woman her right to divorce but if it is crossed then wat does tat mean...she no longer have the right?? Is this right legal one or religious one? I think even if it is crossed the girl still have this right. I have not seen this clause on the muslim marriage certificates here in the USA but I dont know how it works in Pakistan though.

24

the nikanama doesnt come with the 'right clause' scratched out or with a line thru it.. the parties in question cross it out at hte time of the nikah.

if its crossed out, she can not divorce her husband. she will need to appl for a khula

the right is both legal and religious.

25

Wow this is the first time i have heard of this. you learn new things all the time. All i knew about was the marriage contract and how a wife can stipulate what her requirements and needs that must be fulfilled in or before marriage.

26

Pakistani Nikkah Nama does have clause for this which is normally ignored.

Beside this we are talking about the right that Islam has given to girls and Nikkah Nama is actually a legal document for Govt/civil documentation purposes. One can have Nikkah without Nikkah Nama and Qazi too so its really the matter of giving right at the time of nikkah even if this clause is crossed/ignored/missing on the Nikkah nama.

27

^ yeah that confuses me ,if religion gives her this right then she will still have that right even if they don't talk about it during nikkah or watever. Or she need the permission from to be husband to practice her right?? if this is the case then it won't be classified as a right...rite?

28

Re: Womens right to divorce, given by her husband

if a girl files up the case for divorce, the right proof will b the nikahnama and if there the clause is crossed or denied(in some cases), she loses the very evidence. as law proceedings are based on the evidences and if the court concerned then surely it will b the nikahnama as there is no other evidence which shows the legal proceedings and agreement.

Timepass - October 2012
29

So she needs permission to practice this so called" right". I think this termonology is then wrong and confuses ppl. Otherwise the legal system should be on the side of the person who was in the first placed denied the right.

30

Re: Womens right to divorce, given by her husband

Know your rights.

*** Aaya shoher nay talaaq ka huq biwi ko tufweez ker deeya hai,ager ker deeya hai toe konsi teraiq kay tehut?

  • Aaya shoher kay talaaq kay huq per kisi qisam ki pabundi lagai gai hai?

  • Number tareeq marasal jis kay zareeyay salsi counsil nay dulha ko doosri shadi kernay ki eejazut di hai.

  • Aaya dulha kay yahan pehlay say koi biwi mojood hai.Ager hai toe aaya isnay doosri shadi kernay kay liay muslim khandani qawaneen kay aardi nuns 1961 kay tehut salsi council say eejazut nama hasil keeya hai? **

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Re: Womens right to divorce, given by her husband

MARRIAGE CERTIFICATE
FORM II
(SEE RULE 8 AND 10)

1.
Name of the Ward, Town/Union, Tehsil/Thana and District in which the
marriage took place:______________________________________________

2.
Names of the bridegroom and his father with their respective residential
address:________________________________________________________

3.
Age of the Bridegroom:__________________________________________
4.
Names of the bride and her father with their respective residential
addresses:______________________________________________________

5.
Whether the bride is a maiden, a widow or a divorcee:___________________
6.
Age of the Bride:_________________________________________________
7.
Name of the Vakil, if any, appointed by the bride together with his residential
address and father’s name:_________________________________________

8.
Names of the witness to the appointment of the bride’s Vakil, with their
father’s name, their residential addresses and their relationship with the
bride:__________________________________________________________

9.
Name of the Vakil, of any, appointed by the bridegroom together with his
residential address and father’s name:________________________________

10.
Names of the witnesses to the marriage, their father’s names and residential
addresses:______________________________________________________

11.
Names of the witnesses to the appointment of the bridegroom’s Vakil, with
their father’s names and residential addresses:__________________________

12.
Date on which marriage was contracted:______________________________
13.
Amount of the dowry:____________________________________________
14.
How much of the dowry is Mu’ajjal (Prompt):_________________________
15.
How much Mu’ajjal (Deferred):_____________________________________
16.
Whether any portion of the dowry was paid:___________________________
17.
Whether any property was given in lieu of the whole or any portion of the
dowry, with specification of the same and its valuation agrees to between the
parties:_________________________________________________________

Page 2
46
18.
Special conditions, if any:__________________________________________

19.
Whether the husband has delegated the power to divorce to the wife. If so,
under what conditions:____________________________________________
_______________________________________________________________
20.
Whether the husband’s right of divorce is in any way curtailed:____________
_______________________________________________________________
21.
Whether any document was drawn up at the time of marriage, relation to
dowry, maintenance, etc:__________________________________________
22.
Whether the bridegroom has any existing wife, and if so, whether he has
secured permission of the Arbitration Council under Muslim Family Laws
Ordinance 1961 to contract another marriage:__________________________

23.
Name and address of the person by whom the marriage was
solemnized:_____________________________________________________
24.
Date of registration of marriage:_____________________________________
25.
Registration fee paid:_____________________________________________

Signature of witnesses to the appointment of
Signature of Bridegroom
the bridegroom’s Vakil
1.

2.

Signature of witnesses to the appointment of
Signature of Bride
the bridegroom’s Vakil
1.

2.

Signature of the person who
Solemnized the marriage.
Signature of the witnesses to the marriage
1.

2.

Signature and Seal of Nikah Registrar

32

Pakistani nikahnamas have this clause, both in english and urdu copies. Mine was about to be crossed out and I literally almost argued for this right which was about to be snatched away.

Having this right you gain power in a way, a sort of security because your new "ghar waalay" and husband sort of are scared to treat you in a bad, unrespectable way, in the fear of a divorce.............. a divorce which might even be "embarrassing for them" because a "woman" has given divorce.

Khula is when the woman demands a divorce, sometimes a mean and cruel husband, as i have seen in numerous cases, keeps on demanding things in the exchange of divorcing the woman but doesnt give divorce her, and the courts in pakistan sometimes dont take the womans side either and the case keeps on dragging n stuff so in such cases the right of divorce is good or lets say than khula. Khula is when the woman offers an amount, or gives up her haq i mehr and demands a divorce, in the right of divorce you just say it and the marriage is over. I talked to a lawyer before all this and he reccomends it to every girl for the sake of power, equal right and security. Its not a bad omen :)

33

Re: Womens right to divorce, given by her husband

Our Nikah happened outside Pakistan, and the Nikah Nama does not include any of these clauses. It only includes the name ofQadhi, the witnesses and us teh couple. No terms and conditions are listed.

Timepass - November 2012
34

did i not say i didnt understand her question just wrote of what i knew

people like u are always ready to jump at others , go let out ur frustration somwhere else

35

Re: Womens right to divorce, given by her husband

read this Missing Paragraphs in the Nikah Nama? BZ Notes!

By the way my nikkahnama had the divorce question too, it was not crossed out.

Timepass - November 2012
36

Re: Womens right to divorce, given by her husband

A large number of nikkah namas (forms declaring a man and woman husband and wife) prepared in Karachi at least if not the rest of the country are incomplete because seven out of 28 paragraphs are excluded, Daily Times has learnt.

The omitted paragraphs run from Nos. 16, 17, 18, 19, 20, 21 and 28 and pertain to the woman’s rights in a marriage.

Paragraph** No. 16 deals with Haq Mehr**, or the amount of money that a husband is required, by the Shariah and Pakistani law, to pay his wife if their marriage ends. Any other property given instead by the woman or man must be declared on the forms.

Paragraph No. 17 says that any special terms and conditions that the woman or the man puts forward should be mentioned independently.

Paragraph No. 18 details the basis on which the man has allowed his** wife to demand a divorce from him**. These sections are, however, usually crossed out by clerics or nikkah khwans, which means that in these cases the woman is not given her right to demand divorce or to declare it herself.

Nearly 25% of the Nikah Nama is missing. This is unbelievable! Clearly such changes are not officially sanctioned by the state but there are severe problems implementing the state’s writ. Marriage registrars have considerable freedom, it seems, when it comes to this business:

The authorities have taken a stab at tackling this problem but it appears not to be high priority. The city government has formed Maslihati Anjuman and Insaaf Committees at the Union Council and town levels. It is said in Paragraph No. 21 that if a man is already married then he needs a certificate from the Maslihati Anjuman but the city government keeps manual records instead of computerised ones which makes the process of checking next to impossible.

Assuming that this is being done intentionally by selected Khateebs, I consider it a criminal act on their part. The official Nikah Nama is being modified by the Imams/Moulvis/Khateebs/Registrars without the permission of the marrying couple, and important provisions that protect the wife are selectively being removed without informing the couple. Add to this the fact that quite often these Nikah Namas are not read in that much detail, and in the absence of full information, brides usually don’t even know what might be missing. One does not have to search hard to find cases where at least one member of a family has suffered because they were not told about, and not given their full due rights in marriage.

While clearly something must be done about this selective changes in the Nikah Nama, we also need education in the society regarding the meaning of a Nikah, the rights and privileges accorded in such and agreement, and how the laws of Pakistani are technically setup to protect those provisions. In the meantime, do check what your own Nikah Nama says…

Timepass - November 2012
37

Re: Womens right to divorce, given by her husband

Nikah nama is sort of a registration for state and not required by any Islamic sect, meaning you can be husband and wife for all your life without nikah nama. So strictly speaking from the Islamic point of view, what's written on Nikah nama is irrelevant.

In Sunni sect, Talaq occurs only when husband says or writes or tell a friend to tell his wife or any other way but it only occurs when husband says it 3 times. Wife can request for KHULA in Islamic shariya council and if allowed by that council, the Mufti or Qazi can nullify that nikah.

Also understand this, Talaq is the only permitted right for men that Allah Tallah dislikes the most.

I am so surprised to read most of the comments on this topic. I think we are very near the Qayamat because a simple issue like Talaq is misunderstood by Muslims. and BTW, Issue of Talaq is defined very clearly and in details in Quran itself so any Hadis on this can be ignored if it suggests anything other than what Quran has ordered.

For more information, go to askimam.com to do your own research on this and many more issues.

Only Gr8Heera got this rite.

Regards

38

I agree with you so many issues are misunderstood by muslims these days, and thats not just Talaaq

personally if the wife really wants a divorce and I was in her shoes I wouldn't really give a care abt nikkah namma, I would go fatwa shopping, find the one that suited me and give the misbehaving husband the boot - to hell with doing the right thing esp. when you get the culturally challenged maulanas talking

39

You are funny and rite on the money dear. You do agree that Talaq is done ONLY when man says it 3 times...rite ?

Regards

The Return of Kasauti (Kasauti I)
40

If I knew he was cheating on me I would shoot him in the foot before he got to say talaaq the second time

in fact my dear, all that would come out of his mouth would be

"TaaaAAAAAAAAAAAAHHHHHHHHH"

on the money don't you think?

tum krh dena koi khaas nahin