In an important judgement, the Rajasthan High Court has ordered that Nikah-Namas issued during marriage as per Islamic traditions must be bilingual, and they can’t be in Urdu only. The court said that not everyone understands Urdu, therefore the Nikah Namas must also include Hindi or English versions along with the Urdu text.
A single judge bench of Justice Farjand Ali issued the direction to the state to ensure that Nikah-Namas, which are Muslim marriage certificates, are issued in bilingual formats. The order was issued by the court while hearing a plea to quash an FIR lodged by a Muslim woman named Ishrat Bano who alleged irregularities in her marriage to Adnan Ali.
In support of the plea to dismiss the FIR, the petitioners had submitted the Nikah-Nama issued by a Qazi as evidence of the marriage. However, as the Nikah-Nama was in Urdu, it posed a difficulty in hearing the case, as it was not understood by court officials who don’t know Urdu.
The court said, “It is not comprehensible as to what document wants to convey in view of having no knowledge of Urdu language.” The court stated that the marriage documentation is significant as a legal and societal instrument, and it should be easily understood.
The court said, “Marriage, as we all know is an important sacrament and is considered as a sign of cohabitation between a male and a female which is acceptable in the civil society and is valid in the eyes of law. Nikah is performed as per the rituals of the Muslim law in a community gathering by the person having knowledge of performing the Nikah ceremony. This kind of sacred relationship should be recognized by a document which is unambiguous, vividly clear, explicit and transparent.”
The court observed that Nikah-Nama (marriage certificate) can be taken as evidence in confirmation of oral pleading of the fact of marriage. But when the contents of the certificate are not understood by the employees of government institutions, public institutions, private institutions and many other departments etc., it creates a problem. It creates a confusing situation, and it can also increase complications.
Therefore, the court felt that the situation should be corrected, and Hindi or English should be added to the Nikahnama. The court ordered the printing of Nikahnama proforma in bilingual forms, in Urdu and Hindi or English, to eliminate the complexities.
The court also ordered the maintenance of a record of people who are authorised to issue Nikahnamas, saying that only authorised people should issue Muslim marriage certificates. Responding to the court’s instructions, the state government’s counsel assured to hold high-level discussions on the guidelines/circular for issuing the certificate of Nikah in bilingual form and to maintain a register in the District Collector’s office recording the names of Qazis etc eligible to perform the Nikah ceremony.
