Tajdeed e Nikah in Pakistan:
“Tajdeed e nikah” in Pakistan means marrying the same husband or wife. When a person gets married, he has the right to divorce his wife, and the wife also has the right to obtain khula from the husband. Once they are divorced, they are issued the divorce certificate in Pakistan. After the divorce certificate, they are no longer husband and wife, but this does not prevent them from remarrying each other again. This remarriage of the same couple is called tajdeed e nikah” in Pakistan and Islam. The religion of Islam also allows a couple to get remarried to the same husband and wife. Some of the Islamic scholars are against it, but most of them have the opinion that they can remarry, and the Pakistani law also allows it.
Legal Authority:
The Tajdeed e Nikah gets its legal authority from the Muslim Family Law Ordinance 1961. Section 7 (6) of the Muslim Family Law Ordinance allows a couple to remarry. The law is clear that after the talaq in Pakistan, nothing shall debar a wife from remarrying the same husband without an intervening marriage. No law in Pakistan can be against the Quran and Sunnah, and if someone thinks that this law is against the Quran and Sunnah, then he can challenge it in the Federal Shariat Court.
Procedure:
The procedure of the Tajdeed-e-nikah in Pakistan is the same as that of other marriages. The religious ceremony of the Tajdeed e nikah will be the same as other marriages. Below is the procedure of Tajdeed e nikah.
Ø Witness:
The nikah ceremony will be in the presence of at least two male Muslim witnesses.
Ø Offer & Acceptance:
In the tajdeed e nikah, the offer and the acceptance from the bride and the groom will be taken. This offer and acceptance is commonly known as Ijab e Qabool. In case of online marriage in Pakistan the offer and acceptance can be on audio or video call.
Ø New Haq Mehar:
In the Tajdeed e nikah in Pakistan, when you remarry your wife, you will set a new haq mehar amount. The dower amount will not be the same as in the previous marriage. The husband and the wife will have the right to fix a new dower amount, which the husband has to pay the wife in case he once again divorces the wife.
Ø Registration:
In the Tajdeed e nikah, the marriage will be registered again, and you will be issued a new marriage certificate. In the nikah nama, the words of tajdeed e nikah will be categorically mentioned, and the divorce certificate will also be attached for registration.
Ø Before Divorce Certificate:
If, after the verbal divorce or during the divorce procedure in Pakistan, when the divorce certificate is not issued, you are still husband and wife. Prior to the divorce certificate, you will not be required to remarry before you are still husband and wife. The tajdeed e nikah is required only when the divorce certificate is issued, and you want to remarry your wife.
Lawyer for Services:
Our law firm provides the services of Tajdeed e nikah. You can hire the services of our expert family lawyer in Pakistan if you want to avail yourself of the services.