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Today's Paper | December 23, 2024

Published 21 Jul, 2010 11:53am

Bring back the new nikahnama, not all of it!

Recently Punjab decided to reform the laws governing marriage and made critical changes to the nikahnama, the marriage contract between two Muslim adults. Good idea! There are many things wrong with the institution of marriage in Pakistan and marriages are often used as a tool of coercion and extortion.  Heard of dowry deaths or the pressure faced by parents of the girl to provide certain “essentials” which can range from a gold watch (usually mandatory) to a house or a car or a cow?

I hoped that the Punjab government would have fixed this problem given their earlier efforts at curbing the expenses incurred at weddings by mandating people serve only one dish at the ceremony. Unfortunately, I was wrong. Instead, they thought it best to enshrine it in the law and decided to put a column for dowry in the new version of the marriage contract, the nikahnama.

They also thought it would be appropriate to make it mandatory for the parents of the bride and groom to sign the nikahnama; defying all laws of religion and logic which allow two consenting adults to be married in the presence of witnesses. And those witnesses don’t have to be mommy and daddy. Personally, I wouldn’t have had an issue with this clause because at the ripe old age of 26, my parents would gladly sign any form to get me married to anyone. But then, there are thousands of men and women in Pakistan, who are forced into marriages against their will and this absurd requirement, would only have strengthened the hands of those who coerce their children into marriages for their own convenience. This ludicrous requirement infringed on one of the essential freedoms granted to women by Islam and the state – the right to choose a life partner.

But amidst all these clauses that would make any rational person cringe, was one actually good requirement - it would be required of all married couples to get a medical checkup, including blood tests, prior to the marriage. This was an excellent idea. Unfortunately, it got thrown out with the unfortunate ones.

I am profoundly thankful to the government of Punjab for seeing sense and withdrawing the amendments to the nikahnama. However, I would urge them to reconsider reinserting the requirements for medical checkups before marriage. This would prevent the spread of sexually transmitted diseases and alert parents to any potential health threats their future children could face based on their genetic makeup. Basically, this would have allowed both adults and families to make informed and healthy decisions.

Potentially fatal diseases such as sickle cell anemia, cystic fibrosis and hemophilia can be inherited from parents even if the parents do not have or exhibit visible signs of the disease.  If two people getting married, both carry gene mutations for serious genetic diseases and defects and so the likelihood of their child being born with them becomes much higher. Such couples should be made aware of this risk prior to marriage. Raising a sick child is a heart wrenching and emotionally and physically taxing exercise. Couples should be made aware of the risks and challenges allowing them to make the best decisions for themselves and their children. In Pakistan, generations of cousin marriages have already compromised the gene pool and led to genetic diseases and defects being passed down with increasing frequency.

But in a country where more than half the population cannot even read and does not have access to basic healthcare, asking for comprehensive medical exams and blood tests is not only unfair but impractical. So first, I would humbly suggest, that the government of Punjab work to improve access to healthcare; then they should make such medical checkups mandatory.

And while they are in the process of making that change to the nikahnama, maybe they could think about putting a ban on dowry instead of sanctioning it. And maybe they could even tackle the issue of dowry before the medical one; because addressing it does not require investing in expensive medical infrastructure and training healthcare providers. Tackling the toxic issue of dowry will be cheaper for the government and it will make millions of Pakistani girls of marriageable age and their parents very happy and grateful.

Sehar Tariq is a Masters student at Princeton University who thinks if someone gives you their daughter, you shouldn’t expect anything more from them. She blogs at www.sehartariq.wordpress.com

*Photo credit: Eefa Khalid / Dawn.com

The views expressed by this blogger and in the following reader comments do not necessarily reflect the views and policies of the Dawn Media Group.

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