Column 18 of the Nikahnama (marriage contract) in Pakistan

Column 18 of the Nikahnama (marriage contract) in Pakistan — what it covers, how it works under Sharia (Islamic) law and Pakistani law (especially the Muslim Family Laws Ordinance, 1961, MFLO)

What Column 18 covers

Column 18 asks whether the husband delegates the right of divorce (talaq) to his wife (or to any other person) and if so, what conditions apply. 
In other words:

• Under normal Islamic law, a husband has the exclusive right to pronounce talaq (divorce) over his wife.

• Through Column 18, the husband may grant that right (or a part of it) to his wife (or another person) — this is known as Talaq‑e‑Tafweez (delegated divorce). 

• The clause allows specifying: if yes, under what conditions (for example: after certain events, payment of certain dues, etc.). 

, Column 18 is the spot in the marriage contract where the husband and wife (and any other parties) can agree that the wife has the power to dissolve the marriage (by pronouncing divorce on herself on behalf of the husband) under the terms laid out.

Conditions defined under Column 18: What kinds of terms can be included?

Under Column 18, the terms may include stipulations such as:

• The husband does delegate the right of talaq to the wife.

• Whether the delegation is unconditional (wife can trigger divorce at will) or conditional (wife may trigger only if specified event happens, e.g., husband fails to pay maintenance, or neglects residence obligations).

• Who holds this delegated right (just the wife, or a third person?).

• What notice or procedure must the wife follow when exercising this right (some contracts may specify that the wife must issue notice to arbitration council / union council, etc.).

• Whether the delegation covers all aspects of talaq (one pronouncement, multiple, immediate or delayed) or only certain categories.

• Whether exercising the right has any consequences (e.g., forfeiture of other entitlements).

While these terms may be included, important caveats apply (see section on enforceability below) — the terms must not contravene Islamic law, public policy, or statutory law.

How enforcement works in a Family Court / Union Council setting

When a dispute arises, or when the wife decides to exercise the delegated right of divorce, here’s how things generally proceed:

1. Check the Nikahnama: The family court (or arbitration council / Union Council) will examine the Nikahnama, including Column 18 (and other relevant columns) to see if the husband delegated the right. The Nikahnama has status of a public document and entries in it carry a strong presumption of truth. 

2. Valid delegation: The court will check if the delegation was clearly made (i.e., the husband signed, it was accepted by the wife, proper witnesses, registered, etc.). If the clause is blank or unclearly filled, delegation may not be valid/enforceable.

3. Procedure & conditions: If the wife is invoking the delegated right, she must comply with any conditions laid out in Column 18 (for example giving notice, waiting period, any pre‑conditions). The court will see if she followed them. Some judgments hold that once the right is valid, the wife can pronounce divorce and the union council issues a divorce certificate. 

4. Effect of pronouncement: Once the wife uses the delegated right (by pronouncing talaq according to the clause), the marriage is dissolved in the same way as a husband’s talaq (subject to any iddah or waiting period requirements, if applicable). The court/UC can record this. 

5. Fallback if delegation not present: If Column 18 was not filled or no delegation existed, the wife will have to file for a judicial dissolution (Khula) in the family court, which may involve giving up some rights (e.g., waiving Mehr) depending on circumstances. 

6. Validity of conditions: The court will also check whether the delegation clause (and any conditions) are themselves lawful — i.e., do they violate public policy, statutory rights, Sharia norms, or fundamental rights of either spouse. If a condition is illegal (e.g., completely depriving a wife of her statutory maintenance rights) then that part may be struck down though the rest of the clause may survive. 

7. Dispute & burden: If a husband disputes the delegation or claims misuse, the court may call evidence (witnesses to nikah, original Nikahnama, registration, signatories, etc). The strong presumption in favour of the Nikahnama means unless rebutted, it remains valid. 

8. Registration and certification: Many cases require that the pronouncement under the delegation be reported to the Union Council for issuance of divorce certificate. 

Summary: What it means in simple terms

1. Column 18 is a very important protective clause for the wife: it gives her the option to initiate divorce (via the husband’s delegated right) without having to rely on the husband’s initiative or resort to Khula.

2. If filled and agreed upon, the wife has a directly enforceable right to divorce under the terms set out.

3. If left blank or poorly filled, then the husband retains his normal talaq right and the wife’s route is the more burdensome court‑Khula route.

4. The clause must be valid under Islamic law and Pakistani law  written conditions are enforceable — and when challenged a court will interpret them in light of Sharia, statute, public policy, and registration formalities.

   Simple/unconditional delegation (wife’s right of divorce)

   “The Husband hereby delegates his right of divorce (talaq) to the Wife, so that the Wife may herself pronounce the talaq at any time if she deems fit, and it shall be binding on the Husband. This delegation is entered in Column 18 of this Nikahnama and shall remain in force unless revoked in writing by the Husband and accepted by the Wife.”

   Conditional delegation (with specified trigger)

   “The Husband hereby delegates to the Wife the right of divorce (talaq) under the following condition(s): that if [specify condition(s), e.g., “the Husband fails to pay maintenance for three consecutive months” or “the Husband remains absent from marital co‑habitation for more than six months without valid reason”]‑‑then the Wife shall have the power to pronounce talaq on behalf of the Husband and the dissolution of marriage shall follow accordingly. This delegation is recorded in Column 18 of this Nikahnama.”