Can a woman set conditions in Nikahnama to prevent a second marriage?

Permission of Second Marriage in Pakistan. Marriage in Islam is not merely a social ceremony—it is a legal contract. In Pakistan, this contract takes the form of a Nikahnama, a standardized legal document that records the marriage and all its agreed terms. One of the most powerful, yet often ignored, aspects of the Nikahnama is a woman's right to set conditions, including restrictions on her husband marrying another woman during the subsistence of the marriage.

So, can a woman legally prevent her husband from contracting a second marriage by inserting a condition in the Nikahnama?

The short answer is: Yes, she can—but with certain limitations and legal nuances, especially in balancing Islamic law and Pakistani legislation.

Understanding the Nikahnama

The Nikahnama is a government-issued, pre-printed form that documents the marriage of two parties in accordance with Islamic and Pakistani law. It includes spaces for:

• Personal information of the bride and groom.

• Details of Haq Mehr (dower).

• Signatures of witnesses and the officiating cleric.

• A section for additional conditions agreed between the bride and groom (Clause 17, 18, and 19).

Unfortunately, many people either leave these sections blank, cross them out, or are unaware of their importance. However, they are legally valid and enforceable, provided the terms are not contrary to law or public policy.

Can a Woman Include a Condition Against Second Marriage?

Yes. Under Pakistani family law, a woman can insert a condition in the Nikahnama that:

• Her husband will not contract a second marriage.

• Her husband will not remarry without her written consent.

• In the event of such a marriage, she will have the automatic right to divorce or receive a specified compensation.

These conditions fall under contract law principles, which are applicable in marital agreements under the Muslim Family Laws Ordinance, 1961.

This Ordinance governs Muslim marriages in Pakistan and provides some statutory protections for women, particularly under Section 6, which regulates second marriages.

Legal Enforceability of This Condition

While Islam permits polygamy, Pakistani courts have interpreted this permission within a regulated legal framework. If a husband agrees to such a condition in the Nikahnama and later violates it, the wife may have the right to seek divorce, compensation, or file a complaint for breach of marital contract.

Precedent from Pakistani Courts

Several court judgments have upheld the enforceability of these conditions:

• In 2012 CLC 1456 (Lahore High Court), it was held that violation of a valid condition agreed upon in the Nikahnama gives the wife the right to seek dissolution of marriage.

• In PLD 2004 Lahore 198, the court ruled that a husband marrying again without permission from the first wife (and without Union Council approval) was guilty under Section 6 of the Muslim Family Laws Ordinance.

Thus, the judiciary recognizes that a woman’s right to contractual protection in marriage must be preserved.

Islamic View on Conditional Marriage

From an Islamic perspective, polygamy is allowed, but not mandated. The Quran (Surah An-Nisa, 4:3) says:

"...marry women of your choice, two, three, or four; but if you fear that you will not be able to deal justly, then [marry] only one..."

Justice is a strict condition of polygamy in Islam. Scholars across various schools of thought (particularly Hanafi Fiqh followed in Pakistan) agree that stipulations made in the Nikah contract are valid, as long as they do not contradict Islamic injunctions.

A condition to prohibit second marriage entirely may be debated among scholars, but a condition that requires the wife’s consent or guarantees her right to divorce in case of violation is widely accepted.

What Happens if the Husband Violates the Condition?

If a husband signs the Nikahnama with a condition restricting a second marriage and later remarries:

• The wife may file for dissolution of marriage (Khula or under Dissolution of Muslim Marriages Act, 1939).

• She can sue for breach of contract, especially if compensation clauses were added.

• She may also initiate criminal proceedings under Section 6 of the MFLO, if he did not seek Union Council permission.

It’s Permission for Second Marriage in Lahore important to note. Even without a Nikahnama condition, marrying again without the Union Council’s prior approval is a criminal offense in Pakistan.

Why Are These Clauses Often Ignored?

Despite their importance, most women and their families:

• Leave the relevant clauses blank or crossed out, usually on the advice of clerics.

• Don’t know they have the right to add conditions.

• Fear of offending the groom or his family.

This lack of awareness often results in women losing important legal protections that were theirs by right. This is why many women later struggle legally and emotionally when facing a husband’s second marriage.

Recommendations

To empower women and reduce marital disputes:

1. Educate couples about their rights under the Nikahnama.

2. Train Nikah registrars and religious clerics to inform women about conditions.

3. Encourage legal consultation before signing the Nikahnama.

4. Include legal literacy sessions in premarital counseling.

Conclusion

Yes, a woman can legally set a condition in the Nikahnama to prevent her husband from marrying again, or to require her consent before doing so. This condition is valid under Pakistani law and generally supported by Islamic jurisprudence, provided both parties agree at the time of marriage. The esteemed team of expert lawyers at Khadija Law Associates excels in providing exceptional legal services to clients dealing with family disputes. Such clauses not only serve as a legal safeguard for women but also promote mutual respect and transparency in the marriage. Unfortunately, due to cultural practices and a lack of awareness, this powerful tool remains underutilized.

As awareness grows, more women are now asserting their rights, making the Nikahnama not just a formality—but a contract of dignity and fairness.