The Rajasthan High Court has recommended a registry for individuals authorized to perform Nikah ceremonies to enhance clarity and accountability. Justice Farjand Ali emphasized that only those recorded should officiate. The court also stressed the importance of making Nikah-Nama certificates comprehensible, advocating for versions in Hindi or English to facilitate verification and ensure accessibility.
Rajasthan: In a significant observation, the Rajasthan High Court has recommended that district authorities maintain a registry of individuals authorized to officiate Nikah (Muslim marriage) ceremonies. This suggestion, made by Justice Farjand Ali in the case of Adnan Ali & Ors. v State of Rajasthan & Anr., aims to bring clarity and accountability to the process.
Justice Ali emphasized that only those listed in official records should be eligible to perform Nikahs. The Court remarked:
“District Magistrate/ District Collector of each city should keep a record of the persons who can perform Nikah-Nama and they should be enlisted in a separate file; only those people shall be eligible to perform the ceremony of Nikah; not every Tom, Dick & Harry.”
This directive underscores the need to regulate the conduct of Nikahs and ensure they are performed by qualified individuals.
Read Also: “Illegal Sand Mining is a Serious Issue and Needs to be Dealt With Effectively” – Supreme Court to Five States
The Court also highlighted the importance of making Nikah-Nama certificates accessible by ensuring they are available in widely understood languages such as Hindi or English.
“If the printed proforma of Nikah Nama does contain Hindi or English language, then it may resolve the complexities,”
Justice Ali noted.
The observation came after the Court encountered a Nikah-Nama submitted as evidence that was written in Urdu, rendering it difficult to verify.
The Court stressed the importance of comprehensible marriage documentation, especially for verification by government and public institutions. It stated:
“When the content of (Nikah) certificate is not understandable to employees of Government institution, public institution, private institution and several other departments etc., it creates problems … Therefore, this Court feels that the situation above is required to be regulated.”
It further noted that while a Nikah-Nama in an obscure language remains valid under religious law, such documentation could lead to complications during verification processes.
“This kind of sacred relationship should be recognized by a document which is unambiguous, vividly clear, explicit, and transparent,”
the Court emphasized.
The Court directed the State counsel to discuss these concerns with senior officials from the Department of Minority Affairs. The Secretary of the Department has been asked to appear at the next hearing, scheduled for December 10, 2024.
The State’s counsel assured the Court that these issues would be brought to the attention of relevant authorities, signaling potential reforms in the documentation of Nikah ceremonies.
The case before the Court involved a challenge to a criminal case registered against three individuals. The petitioners submitted a Nikah-Nama in their defense, but its contents in Urdu raised concerns about accessibility. The Court granted interim protection to the petitioners, restraining the police from making arrests under the impugned FIR.
The petitioners were represented by Advocates MA Siddiqui, Sikander Khan, and Majhar Hussain. The State was represented by Additional Advocate General BL Bhati, Advocate Deepak Chandak, and Deputy Government Advocate Vikram Singh Rajpurohit.
The Rajasthan High Court’s recommendations are a step toward ensuring clarity, accessibility, and accountability in documenting Nikah ceremonies. By addressing linguistic barriers and regulating officiants, the Court has laid the groundwork for reforms that respect religious practices while aligning them with modern administrative requirements.
FOLLOW US FOR MORE LEGAL UPDATES ON YOUTUBE