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(3) has been divorced (TALAQ) (4) has obtained KHULA. In case of second marriage the documents pertaining to the permission by first wife/TALAQ/KHULA are attached with the NIKAH form. Signature of Local President Date Signature of National Amir Date. Meaning 1 in Urdu and 1 in english with my papers and 1 in urdu and 1 in english with her papers, totaling 4 copies, 2 urdu and 2 english, even though our package is one. Or is just one set enough i.e. 1 nikkah nama URDU, 1 Nikkah nama English.
Families and friends are usually seated in a large hall during the ceremony Marriage in Pakistan (: پاکستانی شادی) pertains to wedding traditions established and adhered by Pakistani men. Despite their local and regional variations, marriages in Pakistan generally follow. Culturally, marriages are not only seen as a union between a husband and a wife, but also an alliance between their respective families. These traditions extend to other countries around in the world where communities exist. Further information: Searching for a potential groom or bride ( رشتہ تلاش کرنا) is the first step of traditional Pakistani marriages. Beyond age 20, both men and women are considered potential grooms and brides.
Most marriages in Pakistan are traditional, semi-arranged marriages or love marriages. Normally the searching starts as soon the girl steps into her twenties. Arranged marriage occurs when a member of the family, a close friend or a third person party help bring two supposedly compatible people together in matrimony.
The groom and bride have usually never met before, and any interaction between them is akin to small talk with a stranger. This form of marriage is considered traditional, but is losing popularity among the newer generations.
Semi-arranged marriage is a growing trend where both men and women interact with one another before marriage (a form of dating). Both the man and woman have usually had several “meet and greet” opportunities, thereby allowing both to gain a sense of familiarity. This process can occur over a span of a few months to a few years and may or may not culminate in marriage. However, if both agree upon marriage, the potential groom will approach his family to send a proposal to the family of the potential bride. Love marriages (also known as court marriages) are rare, since the concept of 'family consent' has been eliminated.
Such “free-will” challenges traditional mindsets as it 'dishonours' the powerful institution in Pakistani society - the family. Without family consent, marriages are usually frowned upon. Proposal Once a decision has been made by either the man or woman or both, one or more representatives of the potential groom’s family pay a visit to the potential bride's family. In arranged marriages, the first visit is purely for the parties to become acquainted with one another and does not include a formal proposal. Following the first visit, both the man and woman have their say in whether or not they would like a follow up to this visit. Once both parties are in agreement, a proposal party ( شادی کا پیام) is held at the bride's home, where the groom's parents and family elders formally ask the bride's parents for her hand in marriage.
In semi-arranged marriages, the first or second visit may include a formal proposal, since both the man and woman have already agreed to marriage prior - the proposal is more or less a formality. In love marriages, the man directly proposes to the woman. Once the wedding proposal is accepted, and refreshments are served. Depending on individual family traditions, the bride-to-be may also be presented with an gifts such as jewelry and a variety of gifts.
Some religious families may also recite. Engagement An engagement (called nisbat نِسبت, mangni منگنی or habar bandi حبر بندی) is a formal ceremony to mark the engagement of the couple. It is usually a small ceremony that takes place in the presence of a few close members of the would-be bride's and groom’s families.
Rings and other items of jewelry among affluent families are exchanged between the would-be bride and groom. In traditional engagement ceremonies, the bride and the groom are not seated together, and the rings are placed on the bride's finger by the groom's mother or sister, and vice versa. However, segregated engagement ceremonies have become a rarity among the newer generations and rings are usually exchanged between the couple. A prayer and blessings are then recited for the couple, and the wedding date is decided. Wedding Arranged and semi-arranged marriages in Pakistan often take long periods of time to finalize.
Up to a year or more can elapse from the day of engagement until the wedding day. Wedding customs and celebrations also differ significantly depending on ethnic background and religion.
However, a typical Pakistani wedding has at least three main customs: Rasm-e-Henna, Nikah and Walima. Rasm-e-Heena Rasm-e-Heena ( رسمی حنا) or mehndi ( مہندی) is a ceremony that is named after, a dye prepared from the plant which is mixed into a paste form to apply onto the hands of the bride and groom. This event is held a few days before the main wedding ceremony and was traditionally held separately for the bride and the groom. However nowadays the ceremony is usually combined and held at a marriage hall. The groom will typically wear a casual black or white, or western while the bride will typically wear an brightly colored. The dress may or may not be accompanied by jewellery, depending upon region and ethnic background. In the bridal ceremony, a certain number of married women who are closely related to the bride apply henna to her hands, and feed her sweets.
This ritual is supposed to bring good luck and longevity to the bride's married life. Similarly, on the groom's side, oil is applied to his head and sweets are fed to the groom.
Sometimes elaborate musical and acting performances are part of the Rasm-e-Heena celebrations. Elaborate dance sequences and competitions between the bride and groom's families are also quite common these days. Traditionally this was considered a 'woman's event' as men did not participate in it. However this has changed substantially in recent generations with males featuring prominently. Although in some families rasm-e-heena is not considered compulsory. Marriage ceremony or Shaadi Hosting the marriage ceremony differs among different cultures.
In Punjabi weddings, the ceremony traditionally hosted by the family of the bride, while in Baloch weddings the ceremony is traditionally hosted by the family of the groom. Nowadays, it has become common to hold the event at a marriage hall, restaurant or hotel. Main article: Nikah ( نِكاح) is the formal marriage ceremony where a ( نکاح نامہ) is signed by both the bride and the groom in presence of family members. The nikah is performed by an, or, who is licensed by the government to perform this ritual. The bride and groom must both have two witnesses present to ensure that the marriage is consensual. Aarsi Mushaf Dikhana Aarsi Mushaf Dikhana ( آرسى مشف دِكهانا) or munh dekhai ( منہ دِکھائی) is a ritual of “showing of the face” after the nikah ceremony. A green embroidered shawl is generally held over the couple's head and they are made to see each other in the mirror and the bride unveils her face that she keeps hidden during the nikah.
The bride and groom share a piece of fruit and family and friends congratulate the couple and offer gifts. Dinner is then served to the guests. Rukhsati Rukhsati ( رُخصتی) - 'sending off' (sometimes called Doli ( ڈولی) - ') takes place when the groom and bride leave the Nikkah venue together. At this point the bride and groom are married in the eyes of God and this the Bride's farewell to her family. Traditionally, the groom would travel to the Nikkah venue by a decorated horse and after the Nikkah, takes his wife in a doli in recent times, the doli is replaced by cars. Small pranks may be played on the groom to lighten the mood while delaying the Bride's departure, for example the bride's siblings may hide the groom's shoes or block the exit requiring some small token to allow the couple to leave.
This is juxtaposed with the dour occasion for the bride's parents as it marks the departure of their daughter from their home and can become a very emotional scene. In order to bless and protect the couple, the is held over the bride's head as she leaves, and even though the may be involved, there is no basis in or tradition for the Rukhsati.
Muslim cultures outside the Indian subcontinent generally do not practice the rukhsati tradition. Similar traditions exist in all parts of the subcontinent for example Vidai or Bidaai in Hindu tradition, Doli in Punjabi and Sikh weddings, Bidai or Kankanjali in Bengali weddings, Kanyadan in Nepalese weddings and Kschemadandulu in South Indian weddings. In recent times the rukhsati has been used to exert control or extract dowry, however this practice is not permitted in Islam as it is considered for any person to restrain a married woman from going with her husband, after the Nikkah has been performed. Dinner A dinner is served which consists of several dishes with meat featuring heavily in the meal. Some of the well represented dishes in a wedding meal include, various forms of roasted fowl and lamb, various forms of, etc. Gifts It is customary for a bride and groom to receive wedding presents in the form of cash. Traditionally, an envelope with cash is given to the bride or groom when wedding guests come to visit them during the wedding reception.
It is also customary for friends and family of the couple to invite them over for dinner and lunch after the wedding to formally accept them as a couple. This can often result in the first few weeks of married life for the newly weds being spent engaging in dinner parties and small receptions. Main article: Walima ( ولِيمہ) is the final day of the wedding held by the couple as they host their first dinner as husband and wife. This is to celebrate the consummation of husband and wife.
This is traditionally organized by the bridegroom and/or his family thus, without his parents, this ritual normally cannot be performed. So to make walima valid, the parents' blessing and presence is the most important factor. The groom's family, specifically his parents, invite all of the bride's family and their guests to their home for a feast. More commonly nowadays, this is held in a marriage hall or hotel instead. The Valima is typically the most festive event of the wedding ceremony and intends to publicize the marriage. The bride wears a heavily decorated dress with gold jewellery provided by the groom's family. The groom normally opts for a formal Western suit or tuxedo.
It is at this ceremony that they are formally and publicly showcased as a married couple. This section needs expansion. You can help. ( January 2018) Honeymoon Shab-i-Zifaf Shab-i-Zifaf ( شبِ زِفاف) refers to the couples' first night together and it occurs after the bride has left for the groom's house. On the day of the wedding, the couples' bedroom is decorated with flowers. It is customary for roses or rose petals to be laid across the couples' bed and sometimes for garlands or strings of roses to be used as bed curtains.
The groom's female relatives lead the bride to the bedroom and she is left for some time to await the groom's arrival. At this point it is common for the groom to stay with his relatives for a while. After the relatives have left, the groom enters the bedroom where the bride is waiting. Traditionally the bride's veil or head covering ( or chador) is draped over so that it covers her face ( گھونگٹ).
It is customary for the husband to brush the bride's veil aside to reveal her face as one of the first things on that night. It is also customary in some families for the husband to present his newly-wed wife with a small token of affection. This is generally a ring or a family heirloom. Regional variations Attan ( اتڼ ) is a dance usually performed at the end of the marriage ceremonies. Traditionally however, the dance was performed twice - once at the beginning of the wedding and once at the end.
Baraat Baraat ( برات) is the procession of the family, relatives, and friends of the groom who accompany the groom to the bride’s home for the official wedding ceremony. The groom makes his way to the bride's home on a richly decorated horse or car and the “baraat” follows in different vehicles. Usually they are also accompanied by a band playing wedding songs. The groom is given a warm welcome by the bride’s family with flower garlands and rose petals thrown upon the procession by the bride's sisters, cousins and friends.
Baraat is common in Sindhi and Punjabi weddings. Bijjar Bijjar ( بجر ) is a word which literally translates to “cooperation” but in actuality is the receiving of aid, where by the groom (saloonk) or his family members receive Bijjar from the community members (mainly relatives and friends) to smoothly perform the wedding. Bijjar usually came in the form of cattle or crops but nowadays is mainly money and is repaid back at weddings of relatives and friends at a later time. Dastar Bandi Dastar Bandi ( دستار بندی ) is a ceremony where a turban is placed on the head of the groom and marks the start of manhood. Elders of the groom's family place a turban on his head and formally include him in the 'circle of men'.
This ceremony is commonly performed in, western and northern. Dholki Dholki ( ڈھولکی ) is a ceremony that takes its name from the percussion instrument and is featured heavily during wedding celebrations in. Traditionally, many days or even weeks before the actual wedding day, women will gather in the house of the bride at night to sing and dance while accompanied by other percussion instruments.
Today, this ceremony has also been reduced to a single night of singing and is often combined with the Rasm-e-Heena ceremony. Doodh Pilai Doodh Pilai ( دودھ پلائی ) is a ceremony which is prevalent in many Urdu speaking weddings. On the actual wedding day, sisters, cousins or friends of the bride will bring milk for the groom. After he drinks the milk, he is supposed to present them with money and gifts. Haldi Haldi ( ہلدی) is a wedding ritual followed by the bride and groom - a form of purification by pouring oil and haldi all over the bride/groom bodies this is done by the family members of both. After the ceremony is finish couple cannot leave the house. Jol Bandi Jol Bandi ( جول بینڈی) or Bashang ( بشنگ) is a Baloch wedding ceremony held at the brides home and is similar in concept to Rasm-e-Heena.
'Jol' means a large well decorated sheet in Balochi and 'bandi' means 'to close'. During this ceremony, the bride is covered with the decorated sheet, usually sown by the groom’s family. This marks the beginning of the official wedding ceremony. Maklava Maklava is a predominantly a Punjabi custom.
Traditionally, the marriages were arranged and often contracted between people from different cities and villages. This often meant that the bride was unfamiliar with her new family. To ease her into the new life and surroundings, she was brought back to her parents' house a few days after the wedding. She then spent some time at her parents' house before heading back to her new husband's home. This practice is still prevalent in most rural areas of the Punjab.
Mobaraki Mobaraki ( مبارکی) is a post-wedding banquet common in Baloch wedding and is hosted by the family of the bride. The entire groom’s family, friends and relatives are invited along with relatives and friends of the bride’s family. Paon Dhulai Paon Dhulai is a wedding tradition, where the bride's brother washes feet of both of the bride and groom.it is very rare in all pakistanis however some families performs it. Some families totally condemned it as it seems an insult to the family of the bride Saami is a folk dance mostly performed in Potohar region of upper Punjab and Hazara region of Khyber Pakhtunkhwa during weddings. Other traditions. Chauthi, or the fourth day after the wedding the brides parents host a dinner for the immediate family members of the groom, often this is marked with playful traditions like hiding the shoes of the groom and a lavish feast.
Darwaza Rukai, doorway blocking. Godda Pharai/Guthna Pakrai, is a Punjabi custom in which the younger brother of the bridegroom holds the knee of the bride and doesn't let go until some acceptable monetary gift is given to him. Sehra Bandhai, garlands dressing Religious customs Mahr ( مهر) is a mandatory payment, in the form of money or possessions that will be paid by the groom to the bride. While the mahr is often money, it can also be anything agreed upon by the bride such as jewelry, home goods, furniture, a dwelling or some land.
Mahr is typically specified in the marriage contract signed during an. The amount of mehr is decided by the family of the bride and the time of the payment is negotiable. See also.
References. Retrieved 2012-09-07.
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12 July 2013. Retrieved 3 April 2018., PerfectMuslimWedding.com.
Zakaria, Rafia (19 October 2011). Retrieved 3 April 2018. Watch, Muslimah Media (26 September 2012).
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[email protected], Kendra Evensen. Retrieved 3 April 2018. Retrieved 2018-02-06. Retrieved 2018-02-06. Retrieved 2018-02-06. Retrieved 2018-02-06. The Big Fat Indian Wedding.
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Muslim Family Law: The Latest Assault on Society By Khaled Ahmed The Federal Shariat Court has started hearing petitions against the 1961 Muslim Family Law Ordinance in Lahore. Three judges, led by Chief Justice Mian Mahboob Ahmad, are hearing objections put forward by three Islamic scholars: Dr Nooruddin Jami of Bahauddin Zakariya University Multan, Maulana Fazlur Rehman, Naib Amir of Jamia Ashrafiya, Lahore, and Dr Mufti Ghulam Sarwar Qadri of Jamia Rizvia, Lahore. The plea before the Court is that sections 4,5,6,7 and 12 of the Muslim Family Law Ordinance (1961) be declared repugnant to Islam.
Section 4 of the Ordinance, after reinterpreting the tradition based on the Quran, had laid down that orphaned grand-children may receive share from the property of their grand-parents. Section 5 had laid down that a nikah be registered with the union council to be legally valid. Section 6 had laid down that no married man contract a second marriage without the permission of Arbitration Council which shall ensure that the man had good grounds for second marriage and had obtained his first wife's permission to do so. Section 7 had laid down that a divorcing husband shall send notice of divorce to the union council and supply a copy of it to the divorcee wife, after which an arbitration council would try for reconciliation between the two parties. Section 12 had banned child marriage and set a minimum age for the marriage of boys (18 years) and girls (14 years), although marriageability is still adjudged many different ways in Pakistan. The petitioners have opposed the above provisions of the Ordinance, in particular the irreducible legal requirement to register nikah and divorce at the union council, holding that unregistered divorce is not be invalid.
They also favour the unfettered right of men to contract additional marriages without intercession of the union council and consent of the first wife. They oppose the ban on child marriage and consider the right of the orphaned children to inherit from grand-parents' property as being against the Quran. As for the nikah document, they propose that each cleric solemnising the nikah be allowed to issue a personal certificate for legal purposes. Codification problems of Islamic law: Islamic law is embodied in the 'fiqh' (case law) of the various historically revered imams (jurists).
The imams differ in their consideration of the family law and have handed down verdicts rendered under different legal philosophies. For instance, the Hanafi fiqh does not mandate a 'wali' (guardian) for a daughter's marriage but the Maliki law does.
Hanafi law has an elaborate doctrine about 'kufu' (suitability) under which an incompatible marriage can be undone, while the Maliki law is less developed on 'kufu'. Hanafi law was sought to be codified under Aurangzeb but the work of several hundred jurists, called Fatawa-e-Alamgiri, seems too inclined to favour the Mughal elite to be useful for today's egalitarian society.
No state can function without codifying its laws. And no codification is possible without suiting Islamic legal sources to modern times. This is where the problems arise. Reinterpretation of the Quranic 'nas' (clear edict), as achieved by the revered imams in the case of the Quranic modalities of divorce, is a case in point.
(The petitioners before the Federal Shariat Court have objected to three simultaneous 'talaqs' allowed by fiqh, thus underlining a return to the 'nas' of the Quran.) It was the principle of 'nas' of the Quran that Allama Iqbal sought to reinterpret in his Sixth Lecture. Before him, Sir Syed had recommended this kind of reinterpretation. Pakistan's hudood laws suffer from errors of application because they are too literalist: like the law of the cutting of hands, the law about blood-money to be paid for death through accident, and the notorious Zina Ordinance that equates rape with fornication and thus victimises the raped woman.
History of codification through Family Law Ordinance: The British left the Muslim Family Law pertaining to nikah and divorce uncodified. The problems that arose were thus bequeathed to the judiciary to sort out. Evidence of nikah was established through unreliable sources and divorce was allowed in the chaotic manner that characterised the male-dominated Muslim society. After 1947, after prime minister Muhammad Ali Bogra remarried against the wishes of his first wife (who was an APWA activist), an effort was made to codify laws pertaining to nikah, divorce and remarriage. In 1955, the Commission on Marriage and Family Laws prepared a Report safeguarding, inter alia, the rights of the woman.
The Commission was headed by Justice Abdur Rasheed. It comprised seven members, three women and four men.
The Report was written by Justice Abdur Rasheed while a dissenting note to the Report was appended by Maulana Ehtesham-ul-Haq Thanvi, the cleric member of the Commission. The said 'alim' was descended from the famed author of Bahishti Zevar, a guide-book for the married woman that denies her fundamental rights. The Commission accepted the principle that Family Laws had to be liberalised in the light of modern times, but when it came to making recommendations it inclined to a conservative interpretation. For instance, it did not outlaw divorce pronounced by the husband in violation of the Quranic 'nas'. But it did rule that nikah, to be of legal value, had to be registered.
Its other recommendations have been given above. The Report was passionately opposed by the ulema and orthodox Muslims in 1956 for being against Islam. The civilian governments after 1956 avoided legislating on the Report, but General Ayub Khan made selected recommendations of the Report into law through an ordinance in 1961. A resolution against the Muslim Family Law Ordinance was subsequently presented in the Nastional Assembly but was not passed. The Ordinance never carried consensus among the ulema and was considered by them as being against Islam.
It was never presented in the parliament for proper legislation but stood as an indemnified law (by the elected parliament of 1970) of the Ayub era, like the Zina Ordinance of the Zia era, as indemnified by the 1985 parliament. Non-acceptance of any reinterpretation of Muslim law to suit modern times has been the dominant trend among Indian Muslims. The famous Sarda Bill (made Act in 1928) against child marriage was supported by both Allama Iqbal and Quaid-e-Azam Muhammad Ali Jinnah in the 1920s while the ulema opposed it (including Maulana Muhammad Ali Jauhar). Marriage of under-age individuals is generally opposed by Pakistanis today who have tacitly superseded the fiqh version of the case, but the ulema have continued to support it as a part of the tradition of the Prophet PBUH. Errors in the enforcement of hudood laws by civilian governments have given grounds to the ulema, some also organised as militant jehadi outfits, to reject democratically elected governments as being too unacquainted with Islam to enforce real Shariat.
Conflicting case law on the Ordinance: Pakistani judiciary has had to set aside the condition of registration of nikah under Section 7 of the Muslim Family Law Ordinance in a number of cases where couples were saved from the punishment of stoning to death (not ordained by Quran). The Sindh High Court in 1988 decreed that since an unregistered nikah was acceptable under Shariat, the accused couple were not living in sin. Subsequently the Federal Shariat Court, accepting the Sindh High Court verdict, ruled against Section 7 of the Ordinance.
The Federal Shariat Court didn't have the mandate to adjudicate on Family Laws but in 1985 the 8th Amendment inducted the Objectives Resolution into the main body of the Constitution and gave the Court the justification to consider Family Laws too. In 1993, the Supreme Court refused to accept the Objectives Resolution as a supra-constitutional provision. The PML government wants to make Shariat the supreme law in Pakistan and is therefore in favour of the Federal Shariat Court hearing the Family Law case while defending the Ordinance.
While listening to the defence, the honourable Federal Shariat Court was pleased to set aside the Report of the Council of Islamic Ideology recommending that provisions against polygamy be further strengthened in Section 6 of the Muslim Family Law Ordinance. The ground taken by the Court was that the Report had had no effect and therefore could not be considered as binding. Conservative 'fiqh' inclines to the Quranic reference to polygamy in a number of verses but ignores verses that clearly prefer monogamy to polygamy. In 4:3 the Quran says '.but if ye fear that ye shall not be able to deal justly with them then only one, or that which your right hands possess, that will be more suitable to prevent you from doing injustice'. Then in 4:129, the Quran says, 'Ye are never able to do justice between wives even if it is your ardent desire'.
Many scholars, including Syed Abul Ala Maududi who favoured the contents of the Muslim Family Law Ordinance, have inferred from these verses that the state should codify law against polygamy accordingly, but the conservative clergy is of the opinion that the above Quranic verses still do not constitute a clear order.In Tunisia and Turkey polygamy is banned under Muslim Family Law. A retrogressive environment: Instead of reinterpreting the Quranic law and codifying it to suit the circumstances, the trend in Pakistan is to undo the progress made towards codification in the past. The assault on reform is intense and can be violent. The fundamental problem is that while men are free to be polygamous, women are not. Under the Ordinance the bride is required to state in the nikah-nama that she is unmarried, but the bridegroom is not. Thus men are not held liable if they misinforms about their marital status. The resistance to reinterpreting the Quranic law is intense but the truth of the matter is that Quranic law has been modified and reinterpreted in the past to suit men.
The method of 'talaq' accepted by the Ordinance is violative of the method prescribed in the Quran. Allama Iqbal had written to Maulana Suleiman Nadvi to ask if it was right that Hazrat Umar as caliph had suspended the Quranic punishment of cutting of hands. In today's violent environment, it has become almost impossible to defend legal reform in favour of women. Important social development away from child marriage, slavery and unfettered polygamy may be undone simply because this retrogressive step favours men and further lowers the status of women. Muslim Women's League 3010 Wilshire Blvd. Suite #519 Los Angeles, CA 90010 (323) 258-6722 © 1999-2013 Muslim Women's League.
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