Rights on Paper, Silence in Practice: Underutilization of Women's Protective Clauses in Nikkahnama in Punjab

Abstract

Marriage is a foundation of family institution and Nikkahnama is a legal tool that governs it but mostly remains unstated and unprotected by the parties that meant to protect it. It’s usually treated as a sheer formality rather than a legal binding document that contains critical clauses that safeguards women’s martial rights. This lacking awareness results into systematic underutilization of protective clauses of Nikkanama and individuals fail to realize its relevance in securing women’s rights within marriage. This research employed a quantitative design to examine the extent to which optional clauses are utilized in Sialkot. Data was collected through the examination of registered Nikkahanma documents obtained from Union Councils, encompassing both rural and urban population for comparative analysis. A total of 300 Nikkahanamas were analysed to identify the patterns of clauses utilization. Findings suggests a distinct pattern of non-utilization of clauses that are for safeguard of women’s marital rights. Clauses 16, 19 and 20, relating to property in lieu of dower, curtailment of the husband's right of divorce, and maintenance, showed 0% utilization. Clause 17 (special conditions) was used in only 4.7% of documents and clause 18 (delegation of the right of divorce) in 1.3%, often with vague wording such as "according to sharia. Recording of essential information was also inconsistent: CNIC details were missing for 20.3% of brides, 16.7% of grooms and 43.7% of witnesses, with urban records significantly more incomplete (p < .001), while the type and payment status of dower (clauses 14 and 15) were blank or contradictory in over a third of documents. Findings from record indicated that this non-utilization is driven by sociocultural and structural factors of mindset, women have limited decision-making power, and confusion between dower, maintenance and khula. The study recommends introducing awareness of the Nikkahnama's contents and significance early, ideally after puberty, through regular educational seminars for prospective brides and grooms, along with mandatory premarital counselling to ensure both parties understand their marital rights and obligations before entering into marriage.