Many people are still confused about the difference between a nikkah and court marriage in Pakistan. Let’s discuss and clear the concept between the two terms: In Pakistan, if a person plans to do court marriage, the lawyer will get the nikkah done through a nikkah khwan, who is already on the law firm’s panel. Such nikkah khwans are professional and have the government’s license to perform the nikkah services as per lawyer’s instructions. After the nikkah is performed in the lawyer’s office, the lawyer, then, takes the couple to the court for legal proceedings. Usually, the court marriage lawyers don’t prefer to take the couple directly to the court for the nikkah services because the courts are crowded and it may invade the couple’s privacy. The important thing to note here is that nikkah conducted as part of a court marriage is also duly performed as per the Sharia.
After the process of nikkah, a file, having the details of the clients’ situation along with the nikahnama, is submitted in the court. Here, the bride must admit before the judge that this marriage has been solemnized with her consent, without any harassment or threats along with the statement that she hasn’t been kidnapped either. After recording the statement, a protection order is passed by the court in order to save the couple against a vexatious case.
To sum up, here are some major differences concluded up to clear the confusion between the two:
- Court marriage is a lengthy process, involving legal procedures, and nikkah is part of it.
- In order to go for a court marriage, the first and foremost step is the nikkah as per the sharia.
- There is relatively more legal protection in the case of court marriage