Court Marriage/Civil Marriage, Court Marriage in Pakistan & Court Marriage Procedure in Pakistan
The words court marriage and civil marriage refer to marriages solemnized by the fundamental constitutional rights.
There are two words used for; these are Civil Marriage and Court Marriage. The word court marriage means a marriage that is solemnized under the fundamental constitutional rights and law of the land. Civil Marriage is a secular or legal contract, with or without a religious person and rituals, and this type of marriage is valid in western countries and non-Muslim countries as well. In Pakistan, civil marriage and court marriage have the same meaning.
Also, Court Marriage is a social institution that forms the foundation of the family. This is considered a contract between two parties who form a partnership to live together for the rest of their lives. They will have certain rules and regulations, rights, and duties to each other that are recognized by law.
In Pakistan, there are many laws regarding marriages such as the Muslim family laws ordinance 1961, Foreigner’s Act 1946, Christian Marriage Act 1872, etc. For solemnizing your court marriage in pakistan you have to follow some of the above-mentioned laws according to your religion and culture but there must be at least one party involved in this court marriage who is a Pakistani citizen according to Pakistani matrimonial laws.
Court Marriage Procedure in Pakistan.
The court marriage procedure in Pakistan is different from a simple marriage conducted at home or marriage hall and registered at the local nikah registrar’s office. A simple nikah requires the presence of two witnesses and after registration, the couple receives a Nikahnama which is a formal legal document. The court marriage procedure in Pakistan, on the other hand, involves some more steps and additional documents. A matrimonial lawyer plays a crucial role in this process. This is because he or she will be able to guide you through each step and make sure you fulfill all requirements fully.
The court marriage procedure in Pakistan can be divided into several steps:
- It is mandatory for the bride to sign an affidavit to assure that she is an adult, sane, sui juris free to marry. She also wants to solemnize a court marriage without coercion or threats. A Justice of Peace or Notary public notarizes the affidavits.
- Secondly, after signing the affidavit, both parties have to meet with their lawyer who will arrange for their court marriage & nikah as per Sunni or Shia Fiqh. The Nikah Khawan will ask their permission to solemnize the Nikah and after permission, he will ask both parties three times for Ijab-o-Qabool (Offer and acceptance). After their affirmation three times, in the presence of two male, adult Muslim witnesses, the Nikah Khawan/Nikah Registrar will recite Khutba-e-Nikah to complete the formal process of marriage (or to tie the knot, as we say!).
Court Marriage Fees in Pakistan
There are different court marriage fees/costs in different cities in Pakistan. In Islamabad, Rawalpindi, Karachi, and Lahore, our court marriage/civil marriage legal service fee is the lowest. The amount varies from PKR 15,000 to PKR 30,000 depending on the circumstances of the cases.
Court Marriage in Islam
Court Marriage does not violate Islam’s preaching, as Islam promotes the concept of free will marriage, Court Marriage is viewed differently by four school of thuoght in Islam. According to Fiqah Hanafia, court marriages are not against Islam. Without a wali, girls are allowed to get married. Under the law, a court marriage is one that takes place in a lawyer’s chambers in front of two witnesses. Court Marriages or Civil Marrigaes are marriages without guardians.
Court marriages in Pakistan are more popular than ever before. There are several reasons for this.
Court marriages in Pakistan are more popular than ever before. There are several reasons for this. These include:
- It’s difficult to make arrangements and work through a traditional marriage when the parents of both families oppose the marriage. Therefore court marriage has proved to be a viable option.
- Breaking away from the traditional marriage system – Some people just want to break away from the inherent restrictions or complications associated with a traditional marriage system. They just want to have a simple, hassle-free, inexpensive ceremony without all the usual ritualistic and cultural ceremonies attached to traditional marriages. Similarly, this tradition dates back centuries and continues to exist, especially in rural areas. In rural areas, women are expected to remain unmarried because of certain social rules or customs, which is why they opt for court marriages as an easy solution.
- Rejection of traditional marriage system – Modern-day thinking has led many people towards rejecting the whole idea of a ‘conventional’ marriage system, therefore, deciding for Court Marriage instead does not require any religious rites or rituals and is considered more legal than religious marriages under Pakistani family law.
- Inability to meet costs of traditional marriage system – As mentioned earlier some people do not have sufficient funds required for arranging all the procedures and desired ceremonies required for a customary Pakistani wedding, therefore, opting for Court Marriage instead which can be done at minimal costs (as compared to a traditional wedding).
The main reason for court marriage in Pakistan is the parents' involvement
One of the main reasons for court marriage in Pakistan is parents’ involvement in their traditional marriage. In order to get married, both the bride and groom must have proper permission from their parents. A bride who wants to do a court marriage in pakistan isn’t required to provide her father’s or guardian’s permission.
Pakistani people are very traditional and they follow all the rules and regulations properly. In that sense, parents play a very significant role in making all kinds of decisions. This will enable them to ensure that the marriage will run smoothly and peacefully. Written proof from both parties is needed to conduct any type of nikah or court marriage procedure. If one party gets involved on their own, it can lead to problems after marriage, so it is wise to stay away. If both parties agree, a court marriage can be stopped immediately.
Get legal advice from our expert court marriage lawyer if you want to do a court marriage without your parents' permission.
There is no need for your parents’ approval to do a court marriage. But if you are a minor (under 18), you have to prove that you are old enough to get married.
You have to prove that you are a Pakistani citizen and ready for court marriage without your parents’ permission. You might be asked for your CNIC number or NICOP (National Identity Card of Overseas Pakistanis). If you cannot provide a copy of your CNIC or NICOP, the original documents should be available at court on the day of the hearing.
It is not necessary to inform anyone if one or both of the parties is not related to the other, as there is no law stating that parents have a right to know about a child’s decision to get married by himself/herself.
In Pakistan at least one of the parties involved in a court marriage must be a Pakistani citizen.
In Pakistan at least one of the parties involved in a court marriage must be a Pakistani citizen. Any male or female who is not a Muslim can get married under the law of Pakistan. If you are not a citizen of Pakistan then you cannot get married in Pakistan. However, if you are not a citizen of Pakistan but would like to marry a Pakistani citizen under the law then it can be done.
In Court Marriage, in Pakistan, only Muslim males and females, or Muslim males and non-Muslim females can marry each other but they must not be within prohibited degrees of relationship or affinity.
Prohibited degrees of relationship or affinity under section 4(b) or (c) of Muslim Personal Law (Shariat) Application Act, 1937
In Court Marriage in Pakistan, only Muslim males and females or Muslim males and non-Muslim females can marry each other but they must not be within prohibited degrees of relationship or affinity under section 4(b) or (c) of the Muslim Personal Law (Shariat) Application Act,1937. If such party is related then no such marriage will be valid until after the expiry of the period prescribed by law for Iddat and unless the conditions required by law for the consummation of the second marriage have been fulfilled and certificate therefor has been issued by an authorized medical professional.
What Are The Shari'a Requirements For Nikah during Court Marriage?
A valid nikah is a contract. Hence the contracting parties must be competent, i.e., they must be of sound mind and have attained the age of puberty. They must also consent to the marriage, or else it is not a binding contract.
The consent requirement has been defined as follows by the Federal Shariat Court:
“Consent means that there should be a real purpose on the part of both bride and bridegroom to enter into matrimony and not merely for namesake.”
For performing a valid Nikkah you need to pay heed to these actions:
- The wali (female party’s father or elder brother or paternal uncle who can perform as her representative) needs to be present at the time of Nikkah. (As per Hanafi Fiqh, Wali is not required.
- Two witnesses must be present at the Nikkah.
- The consent of the bride is required for the marriage to proceed.
Is it possible to do Nikah over the phone?
If you are interested in court marriage, you should have a clear idea about the legal aspect of court marriage in Pakistan. Getting married by a court is simple if you understand the legal aspect. I am going to tell you about the law of court marriage in pakistan and how it should be done.
The question of whether Nikah can be done over the phone is often asked by people who want to perform a court marriage in Pakistan. The answer is yes, it is possible to do nikah even over the phone but there are certain conditions that make it a valid procedure according to law.
For performing a court marriage in pakistan, one has to perform nikah, which is a religious procedure where two witnesses are required. This means if you want your nikah ceremony to take place over the phone then both parties must be present at their respective ends with two witnesses each for witnessing their agreement in front of Allah SWT by saying “Qubool Hai” (I accept).
Can I Do Nikah Without Getting it Registered?
The nikah performed without registration is still valid under Islamic Sharia, but not under Pakistani law. Not registering a nikah can have serious consequences and problems.
For a valid nikah in Pakistan, all nikah rules must be followed. A few rules and regulations must be followed after performing the Nikkah ceremony. Registering your Nikkah will save you from many future problems if you do it now.