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Perception Gap: Majority of Registrars Believe Brides Face Challenges In Negotiating Nikahnama Terms

Nikahnama

Nikahnama Terms: A recent research study focusing on women’s marriage rights brought to light some concerning findings regarding prevailing attitudes and practices among nikah registrars (NRs) in Lahore.

The study, unveiled on Tuesday during the launch event of the “Diagnostic Study of Nikkahnamas in Punjab: A Review of Women’s Marriage Rights,” shed light on several important aspects.

The study, a collaborative effort between the Centre for Human Rights (CFHR), Musawi, and the National Commission for Human Rights (NCHR), aimed to comprehensively assess the state of women’s marriage rights.

Specifically, it sought to identify gaps within the existing legislative and institutional framework that hinder women’s full and effective access to and realization of their marriage rights in Punjab.

Based on an in-depth analysis of 1,100 nikahnamas, along with interviews conducted with 105 NRs across 14 union councils in two pilot districts—namely Lahore and Pakpattan—during the period of 2020-2021, as well as an examination of pertinent legislative and implementation frameworks, the study highlighted several significant issues.

One particularly alarming observation was that a staggering 86% of nikah registrars in Lahore held the belief that brides were inadequately equipped to negotiate the terms outlined in their nikahnamas.

Furthermore, an overwhelming 85% of NRs expressed the opinion that granting women the authority to initiate divorce through the nikahnama would lead to an increase in divorce rates.

Additionally, an astonishing 92% of NRs opined that a wife’s entitlement to maintenance was contingent upon her obedience to her husband.

Among the key concerns brought to the fore by the study were evident deficiencies in the enforcement and implementation of existing laws, such as the Punjab Muslim Family Laws Amendment of 2015, which explicitly forbids the alteration or omission of sections within the nikahnama.

Moreover, the study underscored the vital role that perceptions, beliefs, and understanding held by NRs concerning marriage rights and legal matters played in shaping the outcomes.

This was compounded by limited oversight and accountability mechanisms for NRs.

Furthermore, the study drew attention to the inadequate grasp of marriage validity and inconsistencies within the nikahnama’s structure, format, and clauses, all of which collectively impacted the accessibility of fundamental marriage rights, particularly for women.

Understanding Marriage Rights and Misconceptions: A Comparative Analysis of Nikahnamas in Pakpattan and Lahore

In the context of Pakpattan, the study findings reveal some striking statistics regarding the inclusion of essential information in nikahnamas.

Specifically, the bride’s CNIC (Computerized National Identity Card) details were absent in 58% of the nikahnamas examined, while the age of the bride was not recorded in 23% of cases.

A mere 8% of nikahnamas encompassed the provision for a monthly allowance, and an even smaller 2% granted the wife the right to initiate a divorce.

Upon surveying nikkah registrars in Pakpattan, a noteworthy 60% indicated that they regarded consent given under duress as valid for the purpose of marriage.

Surprisingly, 58% of nikah registrars held the belief that the Haq Mehr—a compulsory payment from the husband to the wife upon marriage—was not an obligatory condition for a legally valid nikah.

Furthermore, a notable 6% of registrars were of the opinion that child marriage is legally permissible if authorized by a guardian, and a significant 40% opined that the Haq Mehr did not solely belong to the wife as her property.

Additionally, a substantial 78% of respondents believed that a woman’s right to work was contingent upon the husband’s permission, and a majority of 61% thought of khula—a woman’s right to initiate divorce—as not being an independent entitlement for women seeking divorce.

Shifting the focus to Lahore, similar gaps in documentation were observed, albeit at different magnitudes. Here, the bride’s CNIC details were absent in 15% of nikahnamas, and 26 nikahnamas lacked a dedicated column for CNIC information.

In nine instances, the bride’s age was omitted, and 31 nikahnamas deviated from the standard format.

The inclusion of provisions for a monthly allowance was found in only 9.7% of nikahnamas, and a mere 3% granted the wife the authority to initiate divorce.

Upon conducting a survey among registrars in Lahore, a substantial 67% of respondents indicated that they believed a woman’s right to work was subject to the husband’s consent.

An interesting 26% considered the consent of a guardian to be more significant than the bride’s independent free will.

An overwhelming 83% of respondents did not consider the Haq Mehr to be a mandatory requirement for a legally valid marriage, while 55% believed that the Haq Mehr did not exclusively belong to the wife.

Moreover, a significant majority of 64% of nikah registrars held the view that Khula was not an independent right for women seeking divorce.

In summary, the study’s findings illuminate concerning patterns in both Pakpattan and Lahore, reflecting varying degrees of gaps and misconceptions surrounding key aspects of marriage rights and obligations.

The inclusion of critical information in nikahnamas, the perception of consent, and the understanding of essential marital rights collectively underscore the need for greater awareness, education, and legal clarity within these contexts.

NCHR Chairperson Rabiya Javeri Agha Stresses Study’s Role in Enhancing Awareness of Women’s Marriage Rights

Tahera Hasan, a distinguished lawyer specializing in family law, highlighted that the preservation of women’s marriage rights is hindered not by a lack of legislation, but rather by the cultural and social barriers that impede the realization of these rights.

Musawi Fatima Yasmin Bokhari, the CEO, stated, “The nikahnama serves as the initial platform for discussions on women’s marriage rights. When comprehended and completed correctly, it establishes crucial safeguards for women.

Our scrutiny of Nikkahnamas has exposed that many of the crossed-out columns pertain to women’s rights, such as monthly maintenance and the wife’s delegated right to initiate divorce.”

Sevim Saadat, the study’s author, underscored that the absence of key information in the Nikkahnama has far-reaching implications for the enforcement of the law.

For instance, when details like the bride’s age or CNIC are omitted from the Nikkahnama, there is a grave concern that the marriage might involve underage individuals.

Lahore High Court’s Justice Jawad Hassan Affirms Nikahnama’s Significance

MNA Mehnaz Akbar Aziz highlighted the study’s importance, stating, “This study holds significant weight as it scrutinizes a document, the Nikkahnama, which often goes unexamined.

However, it holds the power to shape the destinies of individuals, families, and subsequent generations.”

Provincial Minister of Women Development in Sindh, Shehla Raza, stressed that the nikahnama can play a pivotal role in preventing the illegal practice of child marriage. She emphasized the need for the strict implementation of child marriage laws.

These statements collectively underscore the critical role of the nikahnama in shaping women’s marriage rights, necessitating a comprehensive understanding and implementation of its clauses to ensure the protection and empowerment of women within marriages.

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Google’s Search Dominance Is Unwinding, But Still Accounting 48% Search Revenue

Google

Google is so closely associated with its key product that its name is a verb that signifies “search.” However, Google’s dominance in that sector is dwindling.

According to eMarketer, Google will lose control of the US search industry for the first time in decades next year.

Google will remain the dominant search player, accounting for 48% of American search advertising revenue. And, remarkably, Google is still increasing its sales in the field, despite being the dominating player in search since the early days of the George W. Bush administration. However, Amazon is growing at a quicker rate.

google

Google’s Search Dominance Is Unwinding

Amazon will hold over a quarter of US search ad dollars next year, rising to 27% by 2026, while Google will fall even more, according to eMarketer.

The Wall Street Journal was first to report on the forecast.

Lest you think you’ll have to switch to Bing or Yahoo, this isn’t the end of Google or anything really near.

Google is the fourth-most valued public firm in the world. Its market worth is $2.1 trillion, trailing just Apple, Microsoft, and the AI chip darling Nvidia. It also maintains its dominance in other industries, such as display advertisements, where it dominates alongside Facebook’s parent firm Meta, and video ads on YouTube.

To put those “other” firms in context, each is worth more than Delta Air Lines’ total market value. So, yeah, Google is not going anywhere.

Nonetheless, Google faces numerous dangers to its operations, particularly from antitrust regulators.

On Monday, a federal judge in San Francisco ruled that Google must open up its Google Play Store to competitors, dealing a significant blow to the firm in its long-running battle with Fortnite creator Epic Games. Google announced that it would appeal the verdict.

In August, a federal judge ruled that Google has an illegal monopoly on search. That verdict could lead to the dissolution of the company’s search operation. Another antitrust lawsuit filed last month accuses Google of abusing its dominance in the online advertising business.

Meanwhile, European regulators have compelled Google to follow tough new standards, which have resulted in multiple $1 billion-plus fines.

google

Pixa Bay

Google’s Search Dominance Is Unwinding

On top of that, the marketplace is becoming more difficult on its own.

TikTok, the fastest-growing social network, is expanding into the search market. And Amazon has accomplished something few other digital titans have done to date: it has established a habit.

When you want to buy anything, you usually go to Amazon, not Google. Amazon then buys adverts to push companies’ products to the top of your search results, increasing sales and earning Amazon a greater portion of the revenue. According to eMarketer, it is expected to generate $27.8 billion in search revenue in the United States next year, trailing only Google’s $62.9 billion total.

And then there’s AI, the technology that (supposedly) will change everything.

Why search in stilted language for “kendall jenner why bad bunny breakup” or “police moving violation driver rights no stop sign” when you can just ask OpenAI’s ChatGPT, “What’s going on with Kendall Jenner and Bad Bunny?” in “I need help fighting a moving violation involving a stop sign that wasn’t visible.” Google is working on exactly this technology with its Gemini product, but its success is far from guaranteed, especially with Apple collaborating with OpenAI and other businesses rapidly joining the market.

A Google spokeswoman referred to a blog post from last week in which the company unveiled ads in its AI overviews (the AI-generated text that appears at the top of search results). It’s Google’s way of expressing its ability to profit on a changing marketplace while retaining its business, even as its consumers steadily transition to ask-and-answer AI and away from search.

google

Google has long used a single catchphrase to defend itself against opponents who claim it is a monopoly abusing its power: competition is only a click away. Until recently, that seemed comically obtuse. Really? We are going to switch to Bing? Or Duck Duck Go? Give me a break.

But today, it feels more like reality.

Google is in no danger of disappearing. However, every highly dominating company faces some type of reckoning over time. GE, a Dow mainstay for more than a century, was broken up last year and is now a shell of its previous dominance. Sears declared bankruptcy in 2022 and is virtually out of business. US Steel, long the foundation of American manufacturing, is attempting to sell itself to a Japanese corporation.

Could we remember Google in the same way that we remember Yahoo or Ask Jeeves in decades? These next few years could be significant.

SOURCE | CNN

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2024 | Supreme Court Won’t Hear Appeal From Elon Musk’s X Platform Over Warrant In Trump Case

trump

Washington — Trump Media,  The Supreme Court announced Monday that it will not hear an appeal from social media platform X about a search warrant acquired by prosecutors in the election meddling case against former President Donald Trump.

The justices did not explain their rationale, and there were no recorded dissents.

The firm, which was known as Twitter before being purchased by billionaire Elon Musk, claims a nondisclosure order that prevented it from informing Trump about the warrant obtained by special counsel Jack Smith’s team violated its First Amendment rights.

The business also claims Trump should have had an opportunity to exercise executive privilege. If not reined in, the government may employ similar tactics to intercept additional privileged communications, their lawyers contended.

trump

Supreme Court Won’t Hear Appeal From Elon Musk’s X Platform Over Warrant In Trump Case

Two neutral electronic privacy groups also joined in, urging the high court to hear the case on First Amendment grounds.

Prosecutors, however, claim that the corporation never shown that Trump utilized the account for official purposes, therefore executive privilege is not a problem. A lower court also determined that informing Trump could have compromised the current probe.

trump

Trump utilized his Twitter account in the weeks preceding up to his supporters’ attack on the Capitol on January 6, 2021, to spread false assertions about the election, which prosecutors claim were intended to create doubt in the democratic process.

The indictment describes how Trump used his Twitter account to encourage his followers to travel to Washington on Jan. 6, pressuring Vice President Mike Pence to reject the certification, and falsely claiming that the Capitol crowd, which battered police officers and destroyed glass, was peaceful.

musk trump

Supreme Court Won’t Hear Appeal From Elon Musk’s X Platform Over Warrant In Trump Case

That case is now moving forward following the Supreme Court’s verdict in July, which granted Trump full immunity from criminal prosecution as a former president.

The warrant arrived at Twitter amid quick changes implemented by Musk, who bought the company in 2022 and has since cut off most of its workforce, including those dedicated to combating disinformation and hate speech.

He also welcomed back a vast list of previously banned users, including Trump, and endorsed him for the 2024 presidential election.

SOURCE | AP

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The Supreme Court Turns Down Biden’s Government Appeal in a Texas Emergency Abortion Matter.

Supreme Court

(VOR News) – A ruling that prohibits emergency abortions that contravene the Supreme Court law in the state of Texas, which has one of the most stringent abortion restrictions in the country, has been upheld by the Supreme Court of the United States. The United States Supreme Court upheld this decision.

The justices did not provide any specifics regarding the underlying reasons for their decision to uphold an order from a lower court that declared hospitals cannot be legally obligated to administer abortions if doing so would violate the law in the state of Texas.

Institutions are not required to perform abortions, as stipulated in the decree. The common populace did not investigate any opposing viewpoints. The decision was made just weeks before a presidential election that brought abortion to the forefront of the political agenda.

This decision follows the 2022 Supreme Court ruling that ended abortion nationwide.

In response to a request from the administration of Vice President Joe Biden to overturn the lower court’s decision, the justices expressed their disapproval.

The government contends that hospitals are obligated to perform abortions in compliance with federal legislation when the health or life of an expectant patient is in an exceedingly precarious condition.

This is the case in regions where the procedure is prohibited. The difficulty hospitals in Texas and other states are experiencing in determining whether or not routine care could be in violation of stringent state laws that prohibit abortion has resulted in an increase in the number of complaints concerning pregnant women who are experiencing medical distress being turned away from emergency rooms.

The administration cited the Supreme Court’s ruling in a case that bore a striking resemblance to the one that was presented to it in Idaho at the beginning of the year. The justices took a limited decision in that case to allow the continuation of emergency abortions without interruption while a lawsuit was still being heard.

In contrast, Texas has been a vocal proponent of the injunction’s continued enforcement. Texas has argued that its circumstances are distinct from those of Idaho, as the state does have an exemption for situations that pose a significant hazard to the health of an expectant patient.

According to the state, the discrepancy is the result of this exemption. The state of Idaho had a provision that safeguarded a woman’s life when the issue was first broached; however, it did not include protection for her health.

Certified medical practitioners are not obligated to wait until a woman’s life is in imminent peril before they are legally permitted to perform an abortion, as determined by the state supreme court.

The state of Texas highlighted this to the Supreme Court.

Nevertheless, medical professionals have criticized the Texas statute as being perilously ambiguous, and a medical board has declined to provide a list of all the disorders that are eligible for an exception. Furthermore, the statute has been criticized for its hazardous ambiguity.

For an extended period, termination of pregnancies has been a standard procedure in medical treatment for individuals who have been experiencing significant issues. It is implemented in this manner to prevent catastrophic outcomes, such as sepsis, organ failure, and other severe scenarios.

Nevertheless, medical professionals and hospitals in Texas and other states with strict abortion laws have noted that it is uncertain whether or not these terminations could be in violation of abortion prohibitions that include the possibility of a prison sentence. This is the case in regions where abortion prohibitions are exceedingly restrictive.

Following the Supreme Court’s decision to overturn Roe v. Wade, which resulted in restrictions on the rights of women to have abortions in several Republican-ruled states, the Texas case was revisited in 2022.

As per the orders that were disclosed by the administration of Vice President Joe Biden, hospitals are still required to provide abortions in cases that are classified as dire emergency.

As stipulated in a piece of health care legislation, the majority of hospitals are obligated to provide medical assistance to patients who are experiencing medical distress. This is in accordance with the law.

The state of Texas maintained that hospitals should not be obligated to provide abortions throughout the litigation, as doing so would violate the state’s constitutional prohibition on abortions. In its January judgment, the 5th United States Circuit Court of Appeals concurred with the state and acknowledged that the administration had exceeded its authority.

SOURCE: AP

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