Sun. Sep 24th, 2023

New Law of Court Marriage:

If you wish to conduct court marriage or online nikah under new law, you may contact Nazia Law Associates. In the event of a Nikah, an individual and their representative from the opposing party together with witnesses meet at one location, and then another group (whose representatives are present) is reached via telephone or Skype. The representative is responsible for the party in regards to offering and accepting in the presence of witnesses. The marriage ceremony of court marriage or online nikah is legally recognized in Pakistan.

Legal Jurisdictions:

Some legal jurisdictions do not accept this type of marriage, which is commonly known as proxy marriage, regardless of whether it is recognized by the laws of the country in which it was legally sworn. NOTE: As per the conditions of marriage registration in accordance with Pakistani law, The ‘one sitting’ to be used for purposes of the nikah will be the place where you are the bride. The witnesses to the marriage and the person who represents the groom as well as the person who will be solemnizing the marriage must all be present together in the same location. The groom may be reached via phone or via Skype.

Nikah Ceremony:

The court marriage or online nikah ceremony will be recorded by the Nikah Registrar in the region in which it was sworn. The groom’s agent will take the Nikah Nama (the Nikah Nama must be signed by both the groom and his agent). The presence of the bride at the meeting is necessary as she must take in the Nikah Nama in person; her representative, if present, can sign the Nikah Nama on their own. Disclaimer: This refers to the ability of the parties to be legally married union and give their complete and free consent.

Online Nikah:

The important factors on court marriage or online nikah pertaining to gender, age, religious capacity, mental capacity and relationship with each other and the status of marriage are as the following: Age: As per the CMRA, the age at which marriage is legally binding is stated to be 16 for females[6] or eighteen for males.9 Gender The male party is required, and the female the other female. Mental Capacity Participants must be in a good state of mind. Religion: The parties must be Muslims; either one could be a Muslim man, and the other woman who is a kitabia(follower of a recognized religion) woman.

Muslim Lady to Non-Muslim Lady:

Be aware that the union of one Muslim lady to non-Muslim, or even one who is a Kitabi man, is not recognized under Muslim law in Pakistan for court marriage or online nikah. Limitations: The parties must not have prohibited relationships with one another. The prohibited relationships between the two parties are based on the degree of consanguinity, fosterage, and affinity. Marital status While the spouse could possess one or two marriages that are subsisting with a maximum of four. The wife cannot have had a subsisting marriage in the past.  There isn’t a specific law that addresses this issue in regards to the liability of the registrar nikah.

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