Court Marriage Law in Pakistan
- Date modified:
- 2024-03-02
Court Marriage Law in Pakistan
Court marriage law in Pakistan does not exist, but marriages are governed by the Muslim Family Laws Ordinance. The Constitution has given the right of marriage to everyone. In Pakistan, marriages are governed by the Muslim Family Laws Ordinance, 1961. There are some distinctions in the law between marriage ceremonies that take place in court and those that take place under religious auspices, so it’s important to understand the differences if you’re considering a court marriage in Pakistan.
The Muslim Family Laws Ordinance (MFLO) is a fairly comprehensive set of rules for Muslim marriages that were passed in 1961. The rules set forth in the MFLO apply to all marriages performed under religious auspices (with a cleric), but there are some differences for marriages that are performed at a civil registry.
The primary difference is that under MFLO, the Nikah ceremony must be conducted by a religious official, and there must be two male witnesses present. The Nikah is the actual Islamic ceremony itself, and it must be done by an authorized person according to Islamic customs. A civil marriage ceremony requires only one witness (male or female), but no religious official needs to conduct the ceremony.
Marriage with Choice is a Basic Human and Constitutional Right of Every Citizen
Court Marriage’s particular Law in Pakistan nowhere exists but as per Pakistan constitution, all citizens have the absolute right to be treated according to the law. This right is defined in Article 4 of the Constitution of Islamic Republic of Pakistan. Marriage to an adult man of a lady’s choice was not prohibited by law, but marriage with choice is a basic human and constitutional right . There is not any particular act or ordinance about the court marriages but as the Constitution is a supreme law that guarantees the fundamental human rights of all citizens of the Islamic Republic of Pakistan, thus there should be no doubt that court marriage is legal in Pakistan and thousands of love marriages/ court marriages are being solemnized in the courts and chambers of lawyers.
Marriage Should Be Registered
As, there are no specific laws for court marriage in Pakistan. Instead, the law states that a couple can get married through an official “marriage registrar.” Unlike many other countries, there is no legal requirement for a social or religious ceremony to be conducted at any point during the marriage process. However, registration of marriage is a legal obligation.
In order to be married in Pakistan, the following requirements must be met:
1. Both parties must agree to the marriage and certify that they are of legal age (18 or older) and mentally fit.
2. The Nikah nama (marriage contract) must be registered with the government and signed by both parties.
4. The wedding ceremony of Nikah is performed by a representative of your faith group who has been appointed by their respective organization as an officiant (for example: Mufti who specializes in Islamic jurisprudence, or Molvi Nikah Khawan).
Legal Protection after Court Marriage
After court marriage in Pakistan, sometimes the newly married couple is required to take security measures because sometimes the bride’s parents and family harass them to kill or for drastic actions. To provide legal protection for them, the State is obligated to protect the institution of marriage under Article 35 of the Constitution. As the court marriages/love marriages are constitutional and legal, Government of Pakistan and its departments and agencies support couples after court marriage. If the parents of the female (the bride) tries to lodge a false FIR against the couple or the male for abduction or enticement, Police avoids to register such FIR before finding some proof for abduction or enticement.
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