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Divorce is given by a Muslim male to his wife however to make the Talaq legally valid it is necessary to follow all the legal requirements .
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Advocate High Court Lahore's cover photo
Advocate High Court Lahore's cover photo
Court marriage procedure in Pakistan:
Our Law Firm is commonly engaged for court marriages legal services. Our Support Staff shall facilitate court nikah nama as well as affidavit of Free Will, which is legally recognized and enforceable under Muslim Personal Law.
Court marriage procedure in Pakistan is very simple as you just need to fulfill some of the requirements which is
Age – Age of marriage as per Islam is age of puberty and as per Law is age of majority. Age of majority is 18 years and age of puberty is when male and female are able to do s*x
Opposite s*x – Court marriage in Pakistan is always with opposite s*x or gender. Le***an or Gay marriage in Pakistan is a punishable offence
Free consent – Consent of male or female in nikah should be free consent without coercion or threat.
If you fulfill the above requirements of court marriage then you are eligible to do court marriage all you need to do is to appoint an Advocate in Lahore Pakistan who will have your nikah performed and will prepare your legal documents for you which will save you against all the legal consequences.
Our expert family lawyer in Lahore after preparing the legal documents will call a certified nikah khawan who will get your nikah done as per Islam and Law and then take you to the court where he will submit your court marriage documents and then the spouse will appear before the court and will record their statement that they have married with their free will and consent and then the court will pass an order certifying the court marriage that both the parties have validly married with each other and this order will also state that no one should harass or threat or take any legal action against the newly wedded couples.
Even if you do not fulfill the requirements of court marriage Pakistan please contact us we will show you the other ways through which you can fulfill the requirements of court marriage in Pakistan. Nazia Law Associates will guide you regarding the court marriage procedure in Pakistan as the court marriage procedure in Pakistan is very well understood by our team of proffesionals.
Documents Required. The only documents required for court marriage is
Any document as proof that you are above 18 years of age.
Two pictures which is optional for office record
Wakalat nama / Power of Attorney of your lawyer
Documents which you will receive after court marriage:
After court marriage your lawyer will give you two documents firstly the nikah nama and secondly the courts order.
Online marriage in Pakistan: The changing times had also changed the procedure of nikah. Procedure of court marriage in Islam says that the nikah should be performed in one sitting which due to new inventions in Pakistan is now interpreted that the marriage can now also be performed online. Online marriage in Pakistan or online Shadi in Pakistan is now also accepted all over the world.
People from all over the world contact us to perform marriage online through Skype , viber , telephone etc. Procedure of online marriage in Pakistan is now very simple as our expert lawyers had made online marriage procedure in Pakistan as simple as one, two, and three.
Telephonic nikah is now accepted all over the world and court marriage Lahore. Ch Law Associates have made court marriage procedure in Pakistan easy for the clients through professional skills.
So if you have any question about court marriage or you wish to get a solution for your Court marriage in Pakistan do not hesitate to call Advocate Shoaib at 0092-300 2151 013 and if you are calling from abroad you can also Whats App our law firm on the same number which will be replied by the best lawyer Advocate Ch Shoaib herself.
Advocate High Court Lahore
To begin with, one has to bear in mind that there are two types of guardianship over a minor: –
1. Wilayah or guardianship of the property and education and marriage of the ward
2. Hizanah or guardianship over the rearing and bringing up of the child.
Guardians are appointed in the following manner: –
1. by natural right, or
2. by testament, or
3. by appointment by a judge
Neil B.E. Baillie in his ‘Digest of Moohummadan Law‘, which is a condensed presentation of the Hanafi code of jurisprudence (Fatawa-e-Alamgiri — page ###iii of the Introduction), treats these three methods of appointment in this way: “Of Guardians there seems to be two kinds the lineal and the testamentary guardian. The powers and duties of the former are limited to the marriage of his ward, and of the latter to the care of his person and property. The testamentary guardian does not appear to be distinguished from the ordinary executor. No executor has authority to contract minor in marriage, unless he happens to be the lineal guardian also.”
Guardianship for purposes of marriage
Guardianship for the purpose of marriage is allowed because of the necessity for a proper and suitable match which may not always be available. Guardianship extends to the father and grandfather and other relations in their absence. But when a minor is given in marriage by a guardian, other than the father or the grandfather, he or she can, in exercise of what is called the option of puberty, refuse to be bound by the marriage and ask the court to annul the marriage. If the guardian was the father or grandfather, a legal presumption is raised that they must have acted in the best interest of the minor. The presumption is, however, not conclusive and such a marriage can also be set aside in certain cases where it is plainly undesirable, and injurious to the minor.
There is a difference of opinion among the Hanafis as to the circumstances under which a marriage contracted by the father can be set aside. The accepted view seems to be that if the father was not a man of proper judgment and was of reckless character and married his minor daughter to a man of immoral habits, it is liable to be set aside. Abu Yousuf and Muhammad go further that an evidently unequal or undesirable marriage or marriage for less than a proper dower of a minor female or an excessive dower for a minor male is not valid, but Abu Hanifa does not share this view.
Guardianship for purposes of management and preservation of property
The guardianship of a minor for the management and preservation of his property devolves (1) first on his or her father, (2) then on the father’s executor, (3) next on the paternal grandfather, (4) then on his executor, (5) then on the executors of such executors, (6) finally on the ruling power or his representative — a Qazi or judge. Ultimately it rests upon the Qazi to appoint a guardian for an infant’s property when there is no near guardian (i.e., the father, the father’s father and their executors). The other paternal kinsmen who are termed ‘remote kindred’, and the mother succeed, according to proximity, to the guardianship of an infant for the purpose of education and marriage. They do not have the right to be guardians of the minor’s property unless appointed to do so by the ruling authorities, or unless appointed to be a guardian in the original proprietor’s Will, which has been duly attested by competent witnesses. If the mother remarries, she forfeits her right to guardianship. However, she can regain this right should she become divorced again and has thus returned to widowhood.
In case of default of the mother as well as the paternal kindred of a minor, the minor’s maternal relations (according to proximity) are entitled to guardianship for the purposes of education and marriage, and not management of the ward’s property, unless appointed in the late owner’s Will or by the Qazi.
The general rule is that a guardian, executor, or anyone who has the care of the person and property of a minor, can enter into a contract which is (or likely to be) advantageous and not injurious to his or her ward.
A guardian may sell or purchase moveable items on account of his ward, either for an equal rate or at such a rate that may leave a slight loss, but not at such a rate which would make the loss great and apparent (Hidayah, vol. IV, pg. 553)
Guardianship (custody) for purposes of bringing up children (education etc.)
Of all the persons, the mother is the most entitled to the custody (Hizanah) of her infant child during marriage and after separation from her husband, unless she: 1) has become an apostate, 2) is wicked, or 3) is unworthy to be trusted (Fatawa-i-‘Alamgiri vol. 1, pg. 728)
Next, the mother’s mother, no matter how high, is entitled to the custody (Hizanah) of her infant child. If she has died or is married to a stranger, then the full sister is entitled. If the sister has died or is married to a stranger, then the half-sister by the mother is entitled to custody of the child.. On the failure of her in the same way, the daughter of the full sister, then the daughter of the half-sister by the mother. Next the maternal aunt in the same way, and then the paternal aunts also in like manner. (Fatawa-i-‘Alamgiri vol 1. Pg. 728)
The woman’s custody of a boy terminates when he is 7-years old, whereas the custody of a girl terminates when she reaches puberty.
The man’s custody continues until puberty for a boy, and not just until puberty for a girl, but until she can safely be left to herself and trusted to take care of herself.
It is important to always bear in mind that under Muslim Law, personal emancipation does not necessarily lead to an emancipation of property. As a matter of fact, the Islamic system recognizes two distinct periods of majority: 1) One has reference to the emancipation of the person of the minors from the patria protestas (bulughyet), 2) The other to the assumption by them of the management and direction of their property (rushd). Among the Hanafi’s and the Shi’ah, puberty is presumed to occur upon the completion of the 15th year; among the Maliki’s upon the completion of the 18thyear. The Hanafi’s and the Shi’ahs generally consider Rushd (discretion) and bulughyet (puberty) to go together, and therefore the personal emancipation of minors which occurs on their attaining puberty, carries with it the emancipation of their goods from the hands of their guardians. They thus become entitled to take charge of their own property.
There are cases, however, in which a boy or a girl may have arrived at puberty and may yet not be sufficiently discreet (possessed of understanding) to assume the direction of his or her own property. In such cases, the Muhammedan Law separates the two ages of majority, and while according to the minor personal emancipation from the right of jabr, (i.e. the right to impose the status of marriage on a minor) takes care (in the minor’s own interest) to retain the administration of his or her property in the hands of the legal guardian.
If a minor should not be discreet at the age of puberty, he or she will be presumed to be so when the ward completes their 18th year, unless there is any direct evidence to the contrary. (Syed Amir Ali, Muhammedan Law, Vol. II, pg 493, Published by All Pakistan Legal Decisions, Nabha Rd., Lahore, 1965)
The principle of two distinct, and yet concurrent, periods of majority has been adopted in the Indian Majority Act, going back as far as 1875 (See chapter: The Status of Infancy – Personal Emancipation – emancipation of Property – Indian Act IX of 1875)
For further elaboration of provisions relating to puberty, we have reproduced below the entry under the heading of “puberty” from The Dictionary of Islam, by T.P. Hughes (published by Premier Book House, Katchery Road, Lahore, Pakistan):
“Puberty. Arabic bulugh, bulughiyat. The puberty of a boy is established as soon as the usual signs of manhood are known to exist; but if none of these signs exist, his puberty is not clearly established until he has completed his eighteenth year. The puberty of a girl is established in the same way; but if the usual signs of womanhood are known not to exist, her puberty is not established until her seventeenth year has been completed. This is according to the teaching of the Imam Abu Hanifah. But his two disciples maintain that upon either a boy or girl completing the fifteenth year, they are to be declared adult. The Imam ash-Shafi’i concurs in this opinion, and it is said there is also a report of Abu Hanifah to the same effect. The earliest period of puberty with respect to a boy is twelve years, and with respect to a girl nine years.
When a boy or girl approaches the age of puberty and they declare themselves adults, their declaration must be credited, and they then become subject to all the laws affecting adults, and must observe all the ordinances of the Muslim faith. (Hidayah, Hamilton’s Translation, vol. iii. P. 483; Jamiu ‘r-Rumuz, Durru ‘l-Mukhtar)
Syed Ameer Ali says: “The validity of marriages contracted for minors by any guardian other than the father or the grandfather, is not established until ratified by the parties on arriving at puberty. Such ratification in the case of males must be express, and in the case of females, may be either express or implied on arriving at either ratifying the contract entered into during their minority or of canceling it. According to the Sunnis, in order to effect a dissolution of the matrimonial tie, in exercise of the right of option reserved to the parties, it is necessary that there should be a decree of the judge; and until such decree is made, the marriage remains intact. If before a decree has been obtained one of the parties should die, the survivor would be entitled to inherit from the deceased.
The Shi’ahs differ materially from the Sunnis on this. They hold that a marriage contracted on behalf of minors by any unauthorized person (fazuli), i.e. any person other than a father or a grandfather, remains in absolute suspension or abeyance until assented to by the parties on arriving at puberty; that, in fact, no legal effect arises from it until such ratification, and if in the interval previous to ratification, one of the parties should die, the contract would fall to the ground and there would be no right of inheritance in the survivor.” (Personal Law of the Mahommedans,).”
When a female has neither a father nor grandfather nor any of her ‘asabah (remote/distant kindred) to take charge of her, or if the ‘asabah is immoral, it is a duty of the judge to take cognizance of her condition. And if she can be trusted to take care of herself, he should allow her to live alone, whether she be a virgin or a saiyibah. (a woman who departs from her husband either through death or divorce or a girl who has lost her virginity.) [ It is to be noted that a girl who has lost her virginity by fornication is considered a virgin in law, provided that her fornication has not formed the subject of a judicial proceeding. In short, a virgin, in fact, and one in law (hukmi) stand on the same footing]. If she cannot be trusted to take care of herself, then he should place her with some female amin or trustee, in whom he has confidence. After all, he is the superintendent of all Muslims. (Fatawa-i-‘Alamgiri, vol. 1 pg. 780)
When a mother refuses to take charge of the child without hire, then the child may be committed to another.
A boy or a girl having passed the period of hizanah, has no option to be with one parent in preference to the other, but he or she must necessarily remain in the charge of the father. (Hidayah vol. 1 pg. 889)
Before the completion of iddah or dissolution of marriage, the proper location of hizanah is where the husband and wife live. The former cannot take away the child out of the custody of the latter. After completion of her iddah and separation from her husband, a woman may take her child to the place of the mother’s birth, provided that the marriage had been contracted there, or it is so close to the place of separation or close to the husband’s residence, in such a way that if the husband should leave his residence in the morning, in order to visit the child, he will be able to return to his residence before nightfall. There is also no objection to her moving with the child from a village to the city or chief town of the district, if this is advantageous to the child, and in no way injurious to the father. If the child’s mother is dead and hizanahor custody has passed to the maternal grandmother, she cannot remove the child to her own city, even though the marriage had taken place there. Other women are like her in respect to the place of hizanah.
For further details relating to place of hizanat: 1)while the marriage between the child’s parent still subsisting; 2) after dissolution of the marriage; and 3) after the death of the child’s mother, please refer to pages 439-440 (in the section under “Of the Place of Hizanat) of Baillie’s Digest. However, the following quote may be appropriate in order to conclude this discussion:
Advocate High Court Lahore
Succession certificate is issued by a civil court in Pakistan in favour of legal heirs of a deceased person. This certificate is issued in respect of movable property of a deceased person, for example a car, money in bank account, jewellery etc. The procedure often becomes more complicated if there are competing claimants of the same property or asset, and the matter is finally decided by the court. Contact us to discuss your particular circumstances as our expert lawyers have vast experience of the whole process of obtaining succession certificates.
Law of Succession 1925 or Succession Act 1925 governs the all procedure related with succession certificate in Pakistan.
Succession Certificate is required when a person dies in order to transfer property of deceased person to his/her legal heirs such as insurance claims, money in bank account(s), any stocks, prize bonds, Stock exchange Shares etc.
There are two different ways to file an application for succession certificate…
All legal heir can file a joint application in the court with the consent of other legal heirs. During proceedings all legal heirs record their statements in favor of that one legal heir that they do not have any objection to the issuance of succession certificate to that one legal heir. Court in this scenario decided the application in favor of one legal heir who after wards distributes the property among other heirs.
Second method to obtain succession certificate is that all legal heirs apply for succession certificate individually and court issue certificate to all of them according to their share in the property.
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