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What Makes a Marriage Valid in Pakistan?

Pakistani law has set certain guidelines according to which a marriage should be conducted and registered in the country.

If these guidelines are fulfilled:

• The marriage will be valid.
• The marriage will be legally recognized.

However, if certain requirements are not fulfilled:

• The marriage may be termed invalid.
• Certain irregularities may be rectified.
• Some violations may directly affect the validity of the marriage.

Below are some of the situations that make a marriage valid or invalid in Pakistan.

Legal Age of Marriage

The legal age of marriage in Pakistan is 18 years in almost all provinces of Pakistan, except in Punjab where the legal age of marriage is 16 years.

Any marriage:

• Conducted privately.
• Conducted through court marriage services in Pakistan.

Should be in accordance with the law and the parties should be of marriageable age.

If a person is a minor:

• A stay order can be obtained against the marriage.
• However, if the marriage is still performed, it does not automatically make the marriage invalid.

Witnesses of Marriage

According to Pakistani law, there should be at least two male witnesses to a marriage.

In the Nikah Nama:

• There is provision for four witnesses.
• At least two witnesses are mandatory.
• The remaining witnesses are optional.

If a marriage is conducted without witnesses:

• The marriage will be invalid.

Free Consent of Parties

For a valid marriage, it is necessary that the consent of both the bride and groom is freely obtained.

The consent must be:

• Free from force or coercion.

Any marriage in which the consent of either party is obtained by force may be declared invalid.

Furthermore:

• Forcing someone into marriage is a crime.
• The person responsible may face legal consequences, including imprisonment.

Religion

A Muslim male has to marry according to the requirements of the law and religion.

A Muslim male may:

• Marry a Muslim female.
• Marry a Christian female.
• Marry a Yahoodi (Jewish) female.

However, a Muslim female can only marry a Muslim male.

If a marriage is conducted contrary to these guidelines:

• The marriage may be considered invalid.

Prohibited Degree of Relationship

The husband and wife, or the male and female intending to marry, should not fall within the prohibited degree of relationship.

There are certain relationships that are prohibited by Islam and by law.

Examples include:

• Brother and sister.
• Uncle and niece.
• Aunt and nephew.
• Other prohibited blood relationships.

These relationships are prohibited under Islamic principles and Pakistani law.

Marital Status

A female who intends to marry must be:

• A widow.

A married woman cannot marry another person while her existing marriage is still valid.

Even if she has fraudulently obtained an unmarried certificate in Pakistan:

• The marriage will remain legally questionable.
• She may face legal consequences.

A Pakistani Muslim male is allowed to keep up to four wives according to Pakistani law.

However, this is subject to:

• Permission from the previous wife or wives.

If a male marries a second wife without obtaining permission from the first wife:

• The spouse may challenge the matter before the court.
• The husband may face legal consequences, including imprisonment if a complaint is filed.

However:

• Such a marriage does not become invalid merely because permission was not obtained.

On the other hand, if a married woman marries another person during the subsistence of her marriage:

• It is a crime.
• It is also considered a sin.
• She may face imprisonment for up to seven years.

Second Marriage

The second marriage of a male is subject to the permission of the previous wife or wives.

Legally:

• A person should not contract a second, third, or fourth marriage without obtaining the required permission from the existing wife or wives.

If such a marriage is performed without permission:

• The husband may face legal action.
• The husband may face imprisonment.

However:

• The marriage itself does not become invalid.

Court Marriage

Court marriage in Pakistan is valid.

To avail court marriage services:

• You should contact a professional family lawyer in Pakistan.
• The lawyer can arrange the legal requirements.
• The lawyer can assist in completing the legal formalities.

Proper completion of these requirements makes the marriage legally valid.

Online Nikah for Overseas Pakistanis

Online Nikah for overseas Pakistanis is a valid form of marriage in Pakistan.

Pakistani law recognizes online Nikah services.

If you want to avail online Nikah services:

• You should contact a professional family lawyer.
• The lawyer can guide you regarding the legal procedure.
• The lawyer can ensure compliance with the applicable laws.

Contact Advocate Jameela

The issue of what makes a marriage valid in Pakistan is explained above. However, if you still have any questions, you may contact our expert family lawyer who deals in all kinds of family cases, especially cases relating to marriage and divorce in Pakistan.