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[Nikahnama] Presented by Shahina Akbar Advocate High Court, Pakistan The Marriage Contract 1.

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Presentation on theme: "[Nikahnama] Presented by Shahina Akbar Advocate High Court, Pakistan The Marriage Contract 1."— Presentation transcript:

1 [Nikahnama] Presented by Shahina Akbar Advocate High Court, Pakistan The Marriage Contract 1

2 BACKGROUND My Inspiration My Inspiration I did not see my marriage contract, nor did I know my rights before signing it. I did not see my marriage contract, nor did I know my rights before signing it. Legal Rights vs. Custom/Culture Legal Rights vs. Custom/Culture Strike-out clauses that give women legal rights Strike-out clauses that give women legal rights Delays in legal case; no financial rights Delays in legal case; no financial rights Studied law and fought my own case. Studied law and fought my own case. 2

3 Legal Vs. Custom (13)Amount of Mahr. Rs. 32/- (Less than half a dollar.) (14)Amount of Mahr Prompt and amount to be paid later. Later (15)Was any amount of Mahr paid at the time of marriage. If paid how much?___________ (16) If property given in lieu of Mahr. Details & particulars of property. ___________ ___________ ___________ (17)If any other condition laid. ___________

4 4 (18) Whether the husband has delegated the power of divorce to the wife, if so, under what conditions? ____________ ____________ ____________ ______ (19) Whether there is condition on the husband’s right of divorce in any way ______________ ______________ ______________ (20) Whether any document was drawn up at the time of marriage relating to dower, maintenance, etc. If so contents thereof in brief. ______________ ______________ ______________ (21) Whether the bridegroom has any existing wife, and if so, whether he has secured the permission of the Arbitration Council, under the Muslim Family Law Ordinance, 1961, to contract another marriage. ______________ ______________ ______________ ______________ ______________ (22) Number and date of the communication conveying to the bridegroom the permission of the Arbitration Council to contract another marriage. ______________ ______________ _____________

5 OBJECTIVE To create awareness about the marriage contract To create awareness about the marriage contract To secure more favorable terms for women in marriage. To secure more favorable terms for women in marriage. 5

6 The Problem Women suffering from unfavorable marriage conditions. Women suffering from unfavorable marriage conditions. Causes: Causes: Lack of Awareness Lack of Awareness Elder men handle the marriage contract signing Elder men handle the marriage contract signing Couples are uninformed Couples are uninformed 6

7 Strategy For Change Lecture in homes, schools, colleges, vocational centers, First Women Bank, hospitals, professional & non-professional women clubs Lecture in homes, schools, colleges, vocational centers, First Women Bank, hospitals, professional & non-professional women clubs Explain the marriage contract Explain the marriage contract Highlight the bride’s right to: Highlight the bride’s right to: A representative or lawyer; A representative or lawyer; Divorce; Divorce; Place conditions on divorce from husband Place conditions on divorce from husband Maintenance, allowance Maintenance, allowance Certificate of divorce/deeds Certificate of divorce/deeds Role of Arbitration Council Role of Arbitration Council 7

8 Strategy For Change Identify Obstacles To Change Identify Obstacles To Change Question & Answer Session Question & Answer Session Cultural Obstacles Cultural Obstacles Techniques to Overcome Obstacles Techniques to Overcome Obstacles Engage family members Engage family members Avoiding tampering of contract Avoiding tampering of contract Know Your Legal Rights Know Your Legal Rights Family Courts Act Family Courts Act 8

9 Outcome Success Stories I am invited to marriages in order to assist filling out the marriage contract. As a result, I have been able to help ensure the bride’s right to divorce and reasonable Mahr payable on demand. I am invited to marriages in order to assist filling out the marriage contract. As a result, I have been able to help ensure the bride’s right to divorce and reasonable Mahr payable on demand. 9

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