Is Nikah Online in Pakistan? | Legal Requirements of a Muslim Online Marriage
Is it legal to get married and get Nikah online in Pakistan?
Is it legal to get married and get Nikah online in Pakistan? The answer is yes, without a doubt. In Pakistan, Nikah is an integral part of marriage & wedding ceremonies according to Sharia.
Marriage in Islam: An explanation
The marriage contract (Nikah) is defined in Islam, as a contract whose object is procreation and child legalization. It is a contract through which the parties agree to have sexual intercourse and to raise children if born from this union. Islam has given great importance to the marriage contract and considers it one of the most important pillars of Islam after belief in Allah and His Messenger (PBUH). The Muslim marriage contract is a solid foundation for a family and a community.
The aim of the Muslim marriage contract is to protect the rights of both parties and establish a stable relationship between them
The aim of the Muslim marriage contract is to protect the rights of both parties and establish a stable relationship between them. In Islam, marriage is based on love and affection between two people who promise each other to live together as husband and wife in peace, security and harmony. The contract is valid only if it is concluded between two legal Muslim adults. The Nikah contract may be concluded orally or in written form. However, the most common method is to conclude a contract by oral agreement.
The marriage contract is supported by the two spouses and their families who sign a marriage contract.
The marriage contract is supported by the two spouses and their families who sign a marriage contract. The contract is also signed by two witnesses who are not related to the couple or under their authority. The aim of marriage is to bring stability and peace to society, as well as to give people the opportunity to fulfil their needs. The contract itself should be respected by both parties who will sign it. The contract must also be approved by an Islamic judge before being enforced since it can not be changed or broken year after year.
Legal Requirements of a Muslim Marriage/Nikah
There must be an offer made by one of the parties to the marriage and an acceptance of the proposal by the other, both of whom must be sane and adult Muslims, in order for the marriage to be valid. Two male or one male and two female witnesses must be present and heard during the proposal and acceptance. In order to constitute a valid marriage, both the proposal and acceptance must take place in the same meeting. A proposal made at one meeting and an acceptance made at another meeting does not constitute a valid marriage. It is not necessary to write or perform any religious ceremony.”
However, according to Shia law, no witness is required in marriage:
As per Pakistani Law, (Section 252) prohibits marriages without witnesses, but does not invalidate them.”
Basically, there are three types of marriages: valid, invalid, and irregular.
It can be said that there are a number of recognized schools of thought within the Muslim community. The four main schools are Hanfi, Shafai, Maliki, and Hunbli, each with different rules and requirements. In other words, this is all pure personal shariat law. If there is a conflict between statutory law and personal law, statutory law will prevail.
Legally, telephonic and online marriages are recognized, but witnesses must confirm that they were performed. Registration should be made with the relevant government department in accordance with the 1961 Ordinance. A copy of the prescribed Form (Nikah Nama) and the particulars of the spouses must be submitted to the local council according to the Ordinance. A copy of this record is then kept in the provincial government’s office.
Such marriage is illegal in Pakistan if (for example) the bride is in California, the groom is in London, and the witnesses and everyone else involved in the wedding are in Pakistan. Due to the legal nature of the marriage and the lack of a Nikah Nama, or marriage certificate, it can be legal, if the Nikah Khawan and the two male, Muslim same witnesses as well as Vakils/attorneys/authorized by both parties of marriage are present at one place in a gathering at the time of solemnizing the Nikah and all present persons including the witnesses sign the document of Nikah Nama and get it registered at the Union Council or any other proper government office.
As per Muslim Law, marriage is not a sacrament, but rather a civil contract between two consenting adults with witnesses present. The three necessary elements of a legal marriage are (1) Proposal (2) Acceptance, and (3) the presence of two Muslim, sane, and adult witnesses.
Pakistan law recognizes marriages performed over the telephone provided certain procedures are followed.
Pakistan law recognizes marriages performed over the telephone provided certain procedures are followed. Here are the procedures for a wedding where the bride and groom are in Jeddah, the witnesses are in Lahore, and everyone else is in Karachi.
In Jeddah, the bride should appoint her father/close relatives in Pakistan as Wali/Wakil, or appoint a vakil/attorney, and similarly, the groom should appoint his father as Wali/Wakil, giving consent to their VWakils/attorneys. In the presence of the Nika Registrar, both bride and groom’s families (or one male or two females) will meet at a single place for a joint meeting. In the presence of witnesses from both sides, the father of the groom would propose the marriage of his son to the girl in question. In the event that both families meet in a place where the marriage will be registered, it will be deemed legally valid.
It is the responsibility of the Nikah Registrar to fill out the marriage contract (Nikah Nama) in quadruplicate in front of both families or witnesses.
It is the responsibility of the Nikah Registrar to fill out the marriage contract (Nikah Nama) in quadruplicate in front of both families or witnesses with the settled conditions for the marriage and to have two male adults/sane witnesses, as well as the Vakils of the groom and bride, sign it. After the wedding has been completed, both bride and groom will receive the marriage certificates for signing.
If the online wedding is conducted by telephone or the internet, then the Vakils and witnesses in Pakistan must be present there.
If the wedding is conducted by telephone, then the Vakils and witnesses in Pakistan must be present there, otherwise, the marriage will be invalid. It is possible for either party to refuse a marriage later because both parties can claim they did not consent to it. However, now the power of attorney to appoint the Wakil/attorney must be signed before an officer of the Pakistan High Commission, who verifies the signatures to be signed before him. If such a wedding were held in Pakistan, the location would be there.
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