'Kumari' being erased, number of groom's present wives to be mentioned

Law Ministry is set to amend the Muslim marriage registration form (Nikahnama) in line with a High Court directive asking the authorities concerned to shed the term 'Kumari' (virgin) for women from the form. Apart from this, the number of the present wives of a groom should also be stated in the amended form. A notification is likely to be issued in this regard this month.

According to sources in the Law Ministry, the draft (revised) form has already been prepared. Apart from this, the educational qualification of Nikah registrars (Qazis) is being amended from Alim to Fazil and to establish one Qazi office instead of setting up multiple offices at their own expense at convenient locations in Unions and Municipalities.

Clase 5 of that form seeks information - 'Whether the daughter is a virgin, a widow or a divorced woman?' The High Court in a judgment asked to change and amend this clause. Because of this, the new form amends the clause 'Whether the daughter is unmarried, a widow or a divorced woman?' That information has been requested in a new form.

Clause 21 of the present Nikahnama form asks, 'Whether the groom has a wife at present and if so, whether the groom has obtained the permission of the Arbitration Council under the Muslim Family Law Ordinance, 1961?' The Nikahnama only sought information about whether the groom currently had a valid marriage but whether the bridegroom is a divorcee, a bachelor, or a celibate, no information is sought about it.

The new form would ask- is the groom married, single, divorced, or not? How many wives he has, if any, whether the groom has obtained the permission of the Arbitration Council under the Muslim Family Law Ordinance, 1961 to enter into another marriage? Apart from this, the information about the number of wives who will be present should also be given in the new form. This directives came in response to a writ petition filed with the court.

Earlier on September 1, 2014, Human rights organization Bangladesh Legal Aid and Services Trust (BLAST), Naripokkho and Bangladesh Mahila Parishad filed a public interest petition in the High Court, seeking amendment of the Nikahnama form. On August 25, 2019, the High Court stated that writing the word 'Kumari' (virgin) in paragraph 5 of the Kabinnama in the case of Muslim marriages is illegal. The full judgment published on November 17, 2022, directed the authorities concerned to take necessary steps to remove the word 'Kumari' from the Nikahnama form. Besides, the court also asked to mention the current marital status of the groom in paragraph 21 of the marriage certificate.

Although the High Court passed the order, the form is yet to get revised. When contacted, petitioners' lawyer Fawzia Karim Feroze told Views Bangladesh that no amendments have been made to the Kabinnama as per the High Court's order. "No amendment has been brought in the form so far as per the High Court's directive. But the matter is very important; But due to the lack of proper sensitivity and accountability of the authorities concerned in this regard, the amendment in the form is yet to come."

"Aggrieved, Bangladesh Legal Aid and Services Trust (BLAST), Naripokkho and Bangladesh Mahila Parishad jointly sent a notice to the defendants on February 29. Let's see what the Law Ministry does now," she added.

On February 4 this year, the Police Bureau of Investigation (PBI) sent a letter to the Secretary for Law regarding the amendment of the form. PIB mentioned that it has prepared the draft of the form as per the High Court's instructions.

The Muslim Marriage and Divorce (Registration) Act, 1974, which was enacted in 2009, requires a total of 25 types of information in the Nikahnama form (Bangladesh Form No. 1601).