SC directs Nikah registrars to ensure proper completion of Nikahnama
ISLAMABAD: The Supreme Court held that Nikah registrars shall strictly use the prescribed Nikahnama and ensure that all its relevant columns are properly and carefully completed.
A four-member bench, headed by Justice Shahid Waheed, on Tuesday passed a 26-page judgment against the orders of various benches of the Peshawar High Court and the Lahore High Court.
The Court noted that the questions emanating from these cases are neither confined to the interpretation of a single clause of the Nikahnama nor limited to the private rights of two spouses. They concern the legal architecture of the Muslim family.
The judgment said dower (Haq Mahr) was a mandatory legal incident of marriage imposed by Islamic law. “True dower is given with a good heart, at the time agreed, without conditions that demean the wife. And when it is not given, the courts must step in, not with hesitation, not with apology, but with the full authority of the law. Because to fail to enforce dower is to tell every woman in this jurisdiction that her rights are theoretical.”
To ensure compliance with the Muslim Family Laws Ordinance, 1961 and the Rules framed thereunder, and to ensure that the terms of Nikah are accurately and unambiguously recorded, the bench issued the directions for future compliance:
Nikah Registrars shall strictly use the prescribed Nikahnama and shall ensure that all its relevant columns are properly and carefully completed. No column should be left blank or treated as unnecessary without a lawful basis, as each column has been provided for a specific purpose.
Particular care shall be taken while recording the terms of dower in Columns 13 to 16. The Registrar shall ensure that these columns are completed in a manner that clearly reflects the agreement actually reached between the parties.
Column 13 shall clearly state the total dower agreed between the parties, whether the dower consists of money, movable property or immovable property.
Where any property is agreed to be given as dower, Column 16 shall contain sufficient particulars to identify that property, including its description, measurements, location and the value, if, agreed between the parties.
The Registrar shall read out or explain the relevant entries to the parties before obtaining their signatures/thumbmark, particularly where the Nikahnama contains entries relating to dower, special conditions, delegated right of Talaq or any property given as dower. The object should be to ensure that the document reflects the parties’ actual agreement.
Any special condition recorded in Column 17 shall be expressed. The Registrar shall record the condition as agreed by the parties and should not introduce terms of his own.
The Registrar shall not make any entry on the basis of assumption or personal understanding. Where the parties’ agreement is unclear, he should seek clarification from the parties before completing the relevant column.
After completion and execution of the Nikahnama, the Registrar shall properly authenticate and preserve the record, provide the prescribed copies to the spouses and forward the requisite copy to the concerned Union Council in accordance with law.
The competent authorities, particularly the Chairman/Secretary of the concerned Union Councils, shall ensure that all licensed Nikah Registrars are adequately familiar with the statutory purpose and proper manner of completing each column of the prescribed Nikahnama, with particular attention to Columns 13 to 16.
Periodic training or orientation of Nikah Registrars shall be arranged so that the prescribed form is not filled mechanically and the terms agreed between the parties are accurately reflected.
The competent authorities, particularly the Secretary, shall periodically inspect the registers maintained by Nikah Registrars to ensure compliance with the Ordinance, the Rules and the conditions of their licences.
Where a Nikah Registrar fails to perform his statutory duties or violates the conditions of his licence, the competent authority should take action in accordance with law.
Copyright Business Recorder, 2026