The word “kumari” (virgin) was recently dropped from the names of brides on Muslim marriage registration forms, but the in English forms are still rife with discrimination and include no mention of mothers.
The Muslim marriage registration form (Kabinnanma/ Nikahnama) requires the names of fathers for identification purposes in 7 sections out of 25, but there is not a single mention of mothers.
Section 2 of the Muslim marriage registration form requires the name of the groom and his father, section 4 requires the name of the bride and her father, section 7 requires the name of the advocate appointed by the bride as well as his father’s name, section 8 requires names of the witnesses appointed by the bride and their fathers’ names, section 9 requires the name of the advocate appointed by the groom and his father’s name, section 10 requires the names of the witnesses appointed by the groom and their fathers’ names, and section 23 requires the names of the person by whom the marriage was solemnized, as well as that of his father.
A gazette was published in 2000, making it mandatory to include both father and mother names in forms and documents. Although the mothers’ names were subsequently required in some forms, the Muslim marriage registration form was not among them.
On April 23 this year, Advocate Jobaida Pervin filed a writ petition demanding that the names of mothers be included in all forms, as per the earlier gazette. Supreme Court Advocate Suria Begum represented the petitioner.
On May 20, the High Court issued a ruling asking why the names of both mothers and fathers should not be included on forms and documents. The secretaries to the Home, and Law, Justice and Parliamentary Affairs ministries, the head of the Bangladesh Judicial Service Commission, and the Supreme Court registrar general were made respondents to the ruling.
Contacted, Advocate Suria Begum said the respondents did not reply to the ruling and she was expecting the hearing to proceed in February next year.
Regarding the omission of mothers’ names from Muslim marriage registration forms, Suria said: “People say ‘what is in a name?’ I think your name is a part of your identity. This kind of practice [omitting mothers’ names] makes the role of the mother insignificant.”
She added that a writ petition specifically regarding the use of the names of mothers in Muslim marriage registration forms may be filed in the future, but a social movement against discrimination was necessary alongside legal action.
“A man can have multiple wives in this country. How would someone know who the mother of the bride or groom is if the mother’s name is not mentioned in the Muslim marriage registration form,” Suria questioned.
Supreme Court Advocate and Bangladesh Legal Aid and Services Trust (BLAST) Staff Lawyer Ayesha Akhter told Dhaka Tribune they were waiting for the hearing on the writ demanding the inclusion of mothers’ names in all forms, and there was a good chance for a verdict in favour of the petitioner.
When asked about the omission of mothers’ names from Muslim marriage registration forms, Sabah Tasnia, a 25 year old planning to get married next year, said: “Does that mean my mother’s existence is unimportant and not worth mentioning in my marriage registration form?”
Labelling the omission as “unjust,” she added that it was more upsetting to her that more people did not notice that mothers are not mentioned in the document.
“What about people who are raised by single mothers? It is a shame that this practice still exists,” Sabah added.