micmac101 said:
Please can someone guide me and my husband they are going to refuse our case in 45 days because the marriage was not registered as the lawyer was not registered to sign the Nikka and the Union Council sent the same reply to CIC Islamabad that the lawyer was not registered to sign and my husband had no idea that he wasn't registered please some one help us
Marriage Registration
Sources indicate that Nikah Nama, a "marriage certificate" for Muslims (US n.d.; BBC 17 Feb. 2011) or "marriage contract" (Academic 5 Dec. 2012; Pakistan Jurist 5 Apr. 2012), is issued by Nikah Registrar (US n.d.; Academic 5 Dec. 2012). Nikah Registrar, or "marriage registrar" (Lahore n.d.), is appointed by the municipality, Panchayat Committee, Cantonment Board or Union Council (US n.d.; BBC 17 Feb. 2011). The Union Council is located in every municipality (Belgium n.d.; Academic 5 Dec. 2012). The Pakistan Jurist, a website created by Pakistani legal firm AHS - Advocates & Legal Consultants (Pakistan Jurist n.d.a), explains that Nikah Nama is a "legal document certifying the solemnization of marriage between a husband and a wife" (ibid. 5 Apr. 2012). The Pakistan Jurist points out that, according to the Muslim Family Laws Ordinance 1961, which applies to all Muslim Pakistani citizens (ibid. n.d.b), Nikah Nama must be registered with a local Union Council, where an original copy of Nikah Nama is kept as public record (ibid. 5 Apr. 2012). According to the Pakistan Jurist, individuals may obtain a copy of the Nikah Nama at the Union Council by paying a prescribed fee (ibid. n.d.b). A Nikah Nama form, obtained by the academic from the Nikah Registrar in Lahore in December 2012, includes the following: address where the marriage took place, names of bride and groom and their addresses, names of their fathers and their addresses, age of the bride and her National Identification Card number, information on whether the bride and the groom have been married before and whether they have any children, names of the representatives of the bride and the groom, if any, and of the witnesses of the appointment of the representatives, date of the marriage registration, name of the person who solemnized the marriage and his or her signature, registration fee paid, signatures of the bride, the groom and their representatives and their witnesses, and seal and signature of the Nikah Registrar (Lahore n.d.). Information on whether the same form is used across the country could not be found among sources consulted by the Research Directorate within the time constraints of this Response.
The Pakistan Jurist indicates that the Muslim Family Laws Ordinance 1961 does not apply to non-Muslim citizens of Pakistan (Pakistan n.d.b). Several sources report that there is no legal mechanism to register marriages of Hindus and Sikhs (Jinnah Institute 27 July 2011; The Hindu 1 Aug. 2011; UN 14 May 2012, 34, 36), Baha'is [also spelled Baahis] (ibid. 37; Jinnah Institute 27 July 2011) and Parsis (ibid.). However, other sources state that marriage certificates for Christians, Hindus or Parsis are issued by church or temple leaders and registered with local authorities (US n.d.; BBC 17 Feb. 2011). Both sources note that non-Muslims can make their marriage part of the civil record and have their certificates prepared and witnessed by magistrates (ibid.; US n.d.). The representative of the Evangelical Asian Church Toronto corroborated the above information (4 Jan. 2013). Further information on the marriage certificates for non-Muslims could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
Marriage Records
Muslims need to register their marriages with the Nikah Registrar, who receives an appointment from the municipality, Panchayat committee and cantonment board or union council. The marriage certificate, known as the Nikah Nama, is written in the Urdu language, though a translation authenticated for accuracy may accompany the document.
For non-Muslims, including Christians, Hindus and Parsees, it is usually the case that church or temple leaders must register the marriage with local authorities. If non-Muslims desire to make their marriage part of the civil record, they can later have certificates prepared that are witnessed by magistrates:
References
Academic, McGill University, Montreal. 3 January 2013. Correspondence sent to the Research Directorate.
_____. 5 December 2012. Telephone interview.
Asian Human Rights Commission (AHRC). 25 October 2011. "Pakistan: the Forced Marriages of Religious Minority Women Must Be Annulled and the Victims Returned to Their Families and Communities." [Accessed 23 Nov. 2012]
Belgium. N.d. Embassy of Belgium in Islamabad. "Practical Information About Pakistani Documents." [Accessed 30 Nov. 2012]
British Broadcasting Corporation (BBC). 17 February 2011. Abi Husainy. "Tracing your Asian Roots on the Indian Subcontinent." [Accessed 24 Dec. 2012]
Daily Times. 1 December 2011. Raja Riaz. "Rebels of ‘Marriage with Quran' Cry for Help." [Accessed 24 Dec. 2012]
_____. 13 Mar. 2007. "Prominent Families in Sindh and Marriage to the Holy Quran." [Accessed 22 Nov. 2012]
Evangelical Asian Church Toronto. 4 January 2013. Correspondence from a representative to the Research Directorate.
_____. 21 December 2012. Correspondence from a representative to the Research Directorate.
_____. 12 December 2012. Correspondence from a representative to the Research Directorate.
_____. N.d. "Evangelical Asian Church." [Accessed 20 Dec. 2012
Freedom House. 2012. "Pakistan." Freedom in the World 2012. [Accessed 28 Nov. 2012]
The Hindu. 1 August 2011. Anita Joshua. "Hindus Struggle for Marriage Registration in Pakistan." (Factiva)
Jinnah Institute. 27 July 2011. Raniya Khan. "Marriage Registration for Minorities." [Accessed 12 Dec. 2012]
_____. N.d. "About Us." [Accessed 21 Dec. 2012]
Lahore. N.d. "Nikah Nama (Marriage Certificate)." Document sent to the Research Directorate by an academic, 3 January 2013.
Pakistan. 6 August 2012. National Report Submitted in Accordance with Paragraph 5 of the Annex to Human Rights Council Resolution 16/21*: Pakistan. (A/HRC/WG.6/14/PAK/1) [Accessed 24 Dec. 2012]
Pakistan Jurist. 5 April 2012. "Nikah Nama." [Accessed 24 Dec. 2012]
_____. N.d.a. "About Us." [Accessed 24 Dec. 2012]
_____. N.d.b. "Marriage & Divorce." [Accessed 24 Dec. 2012]
United Nations (UN). 14 May 2012. UN High Commissioner for Refugees. UNHCR Eligibility Guidelines for Assessing the International Protection Needs of Members of Religious Minorities from Pakistan. [Accessed 6 Dec. 2012]
United States (US). 24 May 2012. Department of State. "Pakistan." Country Reports on Human Rights Practices for 2011. [Accessed 6 Dec. 2012]
_____. 2012. Department of State. "Pakistan." International Religious Freedom Report for 2011. [Accessed 27 Nov. 2012]
_____. N.d. "Pakistan Reciprocity Schedule." [Accessed 30 Nov. 2012]
XE. 12 December 2012. "Currency Converter Widget." [Accessed 12 Dec. 2012]
Additional Sources Consulted
Oral sources: Attempts to contact the following were unsuccessful: academics at the Lahore University and University of Birmingham; Department of Religion, Concordia University; Human Rights Commission of Pakistan; Human Rights journalist; International Peace Committee for Interfaith Harmony; lawyers in Pakistan; consulates of Pakistan in Chicago, Houston, Los Angeles, Montreal, New York, Vancouver, embassies of Pakistan in France, Germany, Russia, Spain, Switzerland, Washington DC, High Commission of Pakistan in Ottawa, Honorary Consulate General of Pakistan in Boston, Ministry of Interior, National Database and Registration Authority; Pakistan Society of Criminology.
Officials of the High Commission of Canada in Pakistan and Consulate General of Pakistan in Toronto were unable to provide information within the time constraints of this Response.
Internet sites, including: BBC; CNN World; Council on Foreign Relations; Daily Times; Department of Classic and Religious Studies, University of Ottawa; Department of Religion, Concordia University; The Economic Times; Emory University Law School; The Express Tribune; Factiva; Freedom House; Frontier Post; The Huffington Post; The Indian Express; Institute for Human Rights, Finland; Institute of Islamic Studies, McGill University; International Peace Committee for Interfaith Harmony; Islamic Legal Studies, University of Harvard; Mumtaz and Associates law firm, Pakistan; Muslim Unity; Muslim Women's League; Muslims of Calgary; The Nation; Norwegian Country of Origin Information Centre; Nyasa Times; Ottawa Public Library; Overseas Pakistanis Foundation; Pakistan — Civil Service of Pakistan, consulates general of Pakistan in Montreal and New York, Embassy of Pakistan in Washington, DC, Federal Board of Revenue, Human Rights Commission of Pakistan, Ministry of Finance, Ministry of Information and Broadcasting, Ministry of Interior, National Assembly of Pakistan, National Database and Registration Authority, National Peace Committee for Interfaith Harmony, National Reconstruction Bureau; Pakistan Society of Criminology; Pakmarriages; SafraProject; Sindh Judicial Academy, Pakistan; Social Science Research Network; South Asian Association for Regional Cooperation; The Telegraph; Tribune; University of Ottawa Library; UN — Office of the High Commissioner for Human Rights, Refworld; US — Department of State, Embassy of the United States in Islamabad, Library of Congress; Women Living Under Muslim Laws.
Copyright notice: This document is published with the permission of the copyright holder and producer Immigration and Refugee Board of Canada (IRB). The original version of this document may be found on the offical website of the IRB at http://www.irb-cisr.gc.ca/en/. Documents earlier than 2003 may be found only on Refworld.
