Case law on Nikah nama.voluntary consent and her ability to negotiate the terms of the Nikah Nama
The recent judgment (2024 SCMR 1078) highlights the significance of the bride's voluntary consent and her ability to negotiate the terms of the Nikah Nama (Islamic marriage contract). It underscores that any uncertainty or lack of clarity in the contract terms should not disadvantage the bride if it cannot be demonstrated that she was fully aware of her rights and freely participated in the negotiations. The court's decision reflects a departure from paternalistic norms and emphasizes the importance of empowering women in contractual matters, particularly in the context of marriage. It suggests that traditional male-dominated decision-making processes should not undermine a woman's capacity to enter into agreements with full autonomy. This interpretation is crucial given prevailing social and cultural norms, aiming to protect the bride's interests and ensure fairness in contractual agreements related to marriage. عدالتوں نے نکاح نامہ کی شرائط کی تشریح کرتے وقت دلہن کی آ...