The Punjab cabinet approved an amendment to the West Pakistan Rules under the Muslim Family Laws Ordinance 1961 on Tuesday, which included a clause requiring couples planning to marry to take an oath at the time of nikah to testify to their belief in the finality of Prophethood (PBUH).
While the motives of the provincial authorities are unclear, civil society and the legal community doubt the goals of such a change, given that the law and Constitution already contain appropriate religion provisions and articles.
Nighat Dad, a lawyer and women’s rights activist, was perplexed as to why such an oath would be required since couples would not be holding public office, and such declarations are already included in identity documents.
“Every citizen of Pakistan’s identity documents already demand such an oath, so why would this be required if a person isn’t assuming a public office?” Why take an oath to declare one’s religion or belief before marriage, or before anything else for that matter?”
She emphasised that Pakistani Muslim Family Laws were extremely explicit concerning marriage, nikah, and any issues that might arise afterward, thus such an oath was unnecessary. “The nikahnama already contains all important terms,” she continued, “therefore this appears needless.”
The Punjab Assembly unanimously passed a resolution in October 2021 to incorporate the phrase “finality of Prophethood” in the Nikkahnama (Marriage Certificate).
Khadija Omar of the Pakistan Muslim League-Quaid (PML-Q), Bismillah Chaudhry of the Pakistan Muslim League-Nawaz (PML-N), and Maulana Ilyas Chinioti of the Pakistan Muslim League-Nawaz (PML-N) jointly submitted the resolution.
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