Online Nikah Services in Pakistan for A Hassle Free Marriage Process
Shariah Nikah, when performed online through video call, is typically known as online marriage. Nikah is a sacred union under Islamic law. With the rise of online communication, the concept of Shariah Nikah has evolved, allowing couples to solemnize their marriage even when miles apart. Here, we try to explain of Shariah Nikah, including its online variant, its religious and legal standing, and the benefits it offers to local and overseas Pakistanis and nikah with foreign nationals.
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Understanding Online Shariah Nikah
As technology advances, Shariah Nikah, an Islamic marriage traditionally conducted in person, is now being performed online. This digital approach, known as Online Marriage, offers a practical and convenient solution for Pakistani nationals living abroad or in different cities.
Shariah Nikah is often performed by overseas Pakistanis, Pakistanis living abroad with foreign national partners , or Muslim partners living worldwide to make their relationship halal. Some countries do not mandate or impose conditions of marriage for couples who wish to live together or be in a relationship. However, Muslims perform Shariah Nikah to ensure their relationship is halal. This is why online marriage is becoming more common among Muslims worldwide.
Validity of Online Nikah
Online Shariah Nikah is Islamically valid, provided it meets certain conditions. The essential elements in an online nikah include the consent of both i.e., bride and groom, the presence of witnesses, and the consideration of Mahr (dower) to the bride by the groom. While the Nikah is religiously binding, its legal status varies by jurisdiction. For example, registering the Nikahnama with the local Union Council and NADRA is crucial in Pakistan to ensure its legal recognition. But it is still a valid nikah.
Online Nikah in Pakistan
As Online Nikah is valid in Islam, it is also valid in Pakistan. However, online Nikah is only legally recognized if registered with the Union Council and NADRA. A couple can perform Online Nikah in the presence of witnesses, which is valid, and both become husband and wife. However, to prove that the marriage exists, the couple needs a Nikah Nama form registered with the union council or a marriage registration certificate from NADRA. In some cases, the existence of the marriage can be proven by the statements of witnesses of Nikah and video recordings of the online Nikah.
How to Do Nikah Online
The online nikah can be performed through any video-calling software, such as Skype, Google Meet, WhatsApp video calls, or Zoom meetings. However, if the Shariah Nikah is being conducted in person, the process remains the same, excluding the video call.
Online Nikah Procedure in Pakistan
The process of Shariah Nikah typically involves the following steps:
- Online call setup: A group video call is set up, and parties are invited. (this step is skipped where pastries are physically present)
- Verification: A Qari, Mufti, Nikah Khawan, or Sheikh initiates the ceremony and verifies the identities of the bride and groom. (in the case of Shariah Nikah only, there is no need to confirm identities)
- Haq Mehr (Dower): The bride is been told about her right to have Haq Meher, and the agreed-upon amount of Mehr is confirmed.
- Ijab and Qabool (Offer and Acceptance): The bride and groom consent to the marriage in front of witnesses.
- Khutba Nikah: The officiant recites the Khutba, followed by a Dua (prayer).
- Completion: The Nikah is finalised, and the couple can proceed to register their marriage for legal purposes if they wish.
Minimum Age of Marriage According to Principles of Mahomedan Law by D.F. Mulla
According to Principles of Mahomedan Law by D.F. Mulla, the legal age of marriage under Islamic law is tied to puberty. A Muslim individual of sound mind who has reached puberty can enter into a marriage contract. In the absence of evidence, puberty is presumed to be attained by the age of 15. This means that, under Islamic law, a person is considered eligible for marriage after reaching this age.
Legal Age of Marriage in Pakistan
Following are the laws that deal with the minimum age to conduct Shariah nikah or Online marriage;
- The Child Marriage Restraint Act 1929
- The Sindh Child Marriages Restraint Act, 2013
- The Punjab Marriage Restraint (Amendment) Act 2015
Minimum Age of Boy for Marriage in Pakistan
According to Pakistani state law, the legal age for a male is 18 years.
Minimum Age of Girl for Marriage in Pakistan
According to Pakistani state law, the legal age for a female is 16 years.
The Child Protection Welfare Bureau (CPWB) has proposed the Child Marriage Restraint Bill 2024-25 to the Punjab government, recommending that the minimum age for a girl to marry be raised to 18. However, this bill is still under consideration, and no legislative approval has been passed yet.
Legal Framework of Marriage Laws in Pakistan
The protection of Marriage is guaranteed by the Constitution of Pakistan, 1973;
- Article 9: Ensures the right to life and mandates constitutional courts to safeguard fundamental rights.
- Article 35: Protects matrimonial life and the right to contract marriage freely under Islamic law.
Registration of Marriage Under the Muslim Family Law Ordinance 1961
Registration under Pakistani marriage laws is governed under section 5 of the Muslim family law ordinance. It requires that every marriage conducted under Muslim Law must be registered as per the provisions of this Ordinance. The Union Council appoints licensed Nikah Registrars for this purpose. The Nikah Registrar, or whoever solemnises the marriage, must accurately complete all sections of the Nikahnama with the bride and groom’s specific details. If a Nikah Registrar does not conduct the marriage, it must still be reported to them for registration.
Online Nikah Registration in Pakistan
If a Nikah has been conducted online, the spouses can register it in Pakistan. One of the essential conditions mentioned below must be met to register the Nikah with the Union Council and NADRA, and ultimately obtain a NADRA marriage registration certificate:
- Both the bride and groom must be Pakistani nationals.
- The bride is a Pakistani national.
- The groom is a Pakistani national.
In any of these cases, the parties can register their marriage with NADRA Pakistan, regardless of whether they reside in Pakistan.
Proxy Marriage in Pakistan
When the bride, groom, or both live outside Pakistan, they can still register their marriage in Pakistan through proxy marriage. This is conducted online via a video call. For the registration process, both parties appoint one or more wakeel/attorneys to represent them at the Union Council and NADRA for the registration of their marriage. The power of attorney is drafted, then attested by the Embassy of Pakistan in the country where the bride and groom reside, and later cross-attested by the Ministry of Foreign Affairs (MOFA) in Pakistan.
After that, the marriage is registered, and the bride and groom receive their registered Nikah Nama from the Union Council and a marriage registration certificate from NADRA.
Documents Required for Registration of Online Marriage
- National Identity Card (CNIC) of Bride: If a bride is a Pakistani national, her CNIC is sufficient for registration.
- National Identity Card (CNIC) of Groom: If a groom is a Pakistani national, his CNIC is sufficient for registration.
- Passport of Bride: When the bride is a foreign national, her passport will be required in place of CNIC.
- Passport of Groom: When the groom is a foreign national, his passport will be required in place of CNIC.
- Power of Attorney of bride or groom, or both: In case of proxy marriage registration, a power of attorney is also required in some cases.
- Pakistan Origin Card (POC): Where the bride or groom holds POC instead of CNIC, their POC will be sufficient.
It is recommended that the power of attorney be drafted by an expert lawyer in such matters to ensure its functionality and a smooth marriage registration process. At LEX, our lawyers are available to assist you further with the process of proxy marriage.
Nikah Nama in English
For foreign national partners or overseas Pakistanis who cannot understand Urdu, the nikah nama form in English is also available. It is recognised by the registering authority, i.e., the Union Council. You can download a sample of the nikah nama form in PDF here.
At LEX, we are here to assist you with the best possible solution for registering your marriage, whether you are in Pakistan or residing abroad. Whether you are a Pakistani wishing to marry a foreign national or a Muslim (not Pakistani) residing in another country, we can help. Share your issue with us, and we will provide you with the right solution. We encourage people to make their relationships halal.
Online Nikah Without Registration
In Islamic law, online nikah, also known as Sharia Nikah, does not require formal documentation or registration. A couple can perform Online Nikah, and it is fine if they do not wish to register it at the instance. The verbal commitment of nikah holds significance.
Most couples residing outside of Pakistan or overseas Pakistanis in relationships with foreign nationals often perform only online Shariah Nikah and do not register it anywhere.
The Importance of Nikah Nama
However, from a legal perspective, especially in Pakistan, registration of the Nikah is necessary for it to be recognised by the state. Unregistered Nikahs, though religiously valid, may face legal challenges, particularly in inheritance, divorce, or other legal disputes. Therefore, the registration of Nikah is important for legal security.
Nikah Wihtout Wali (Guardian)
Under Pakistani law, a woman over age of 18 can conduct her Nikah without a Wali, either and shariah nikah or registered marriage. A woman who has attained the age of majority does not need consent or the presence of a Wali to perform her nikah.
The Wali, typically the bride’s father or another adult male relative, Mahram, plays a vital role in Shariah Nikah. They ensure the bride’s consent and act as her guardian throughout the marriage process.
The settlement of law can be observed in 2020 CLC 549 held that when A well-educated woman over 27 years old is fully competent to enter into Nikah according to her own wishes, without the need for a Wakeel or any third-party intervention.
Benefits of Online Shariah Nikah
- Accessibility: This option is ideal for couples separated by geography, offering a convenient way to marry without needing physical presence. It is also perfect for couples who live in foreign countries and want to make their relationships halal and avoid living in open relationships without marriage, as is mostly practised in Western countries.
- Privacy: Ensures privacy for couples who prefer a secret marriage.
Conclusion
Whether performed traditionally, i.e., in person or online through video call, Shariah Nikah remains a respected institution in Islam. The advancement in technology has merely broaden its reach, allowing Muslims worldwide to adhere to their religious obligations while embracing modern conveniences.
M/s Legally-Ethically-Expertly (LEX), a leading law firm with experienced lawyers, provides this article’s information for public awareness through our website, lex.com.pk. We strive to provide valuable insights to the general public for awareness but do not regard this content as legal advice. However, for personalised guidance or assistance with legal matters, we encourage our valued readers to contact our expert family lawyers in Pakistan by calling or WhatsApp at +92-310-8888539 or emailing info@lex.com.pk. We are here to assist with tailored solutions.
Frequently Asked Legal Questions
Q1. What is Online Shariah Nikah?
Q2. What is Proxy Marriage?
Q3. Is Online Shariah Nikah Islamically Valid?
Q4. Is a Wali (Guardian) Required for Online Shariah Nikah?
Q5.What are the Benefits of Opting for an Online Shariah Nikah?
Q6. How Can the Legal Status of Online Shariah Nikah Be Ensured?
Q7. Is online Shariah Nikah valid in Pakistan?
Q8. How can overseas Pakistanis register their online Nikah in Pakistan?
Q9. Can foreign nationals marry Pakistanis through online Nikah?
Q10. What is the process for obtaining a NADRA marriage registration certificate for an online Nikah?
Q11. What is the Nikah Registration Fee in Pakistan?
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While we strive to provide accurate information, please note that the details in this article may contain human errors and are not meant to serve as legal opinion or advice. This content is purely for informational purposes. If you have a specific legal query or need further clarification, we warmly invite our valued readers to reach out to us by calling or WhatsApp at +92-310-8888539, or email at info@lex.com.pk. We are here to assist with tailored solutions.