AJ&K Nikkah & Divorce Registration Rules 2021

AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR SECRETARIAT OF RELIGIOUS AFFAIRS AND AUQAF Dated: September 28, 2021

Notification
No. M. Auqaf/3510-19/2021: In exercise of powers conferred under Section 11 of the Azad Jammu and Kashmir Nikkah and Divorce Registration Act 2020, the Azad Government of the State of Jammu and Kashmir hereby makes the following Nikkah and Divorce Registration Rules.

1. Short title, extent and commencement.
(1) These rules shall be called the Azad Jammu and Kashmir Nikkah and Divorce Registration Rules 2021.
(2) These rules shall extend to the whole of Azad Jammu and Kashmir.
(3) These rules shall come into force at once.
(4) These rules shall apply only to Muslims.

2. Definitions.
(1) In these rules, unless there is anything repugnant in the subject or context:
(a) "Act" means the Azad Jammu and Kashmir Nikkah and Divorce Registration Act 2020.
(b) "Nikkah Registrar" means the book of registration provided by the government to the concerned Nikkah Khwan in the form of 'Form A'. (c) "Nikkah Deed" means the form in which the Nikkah Khwan enters details after receiving from the parties; it shall be maintained according to 'Form B'. (d) "Divorce Deed" means the form in which the Registrar enters details; it shall be maintained according to 'Form C'. (r) "Registrar" means the District Mufti who supervises the registration of Nikkah and Divorce within the district. (s) "Sub-Registrar" means the Tehsil Mufti who registers Nikkah and Divorce within the Tehsil. (sh) "Department" means the Department of Religious Affairs. (t) "Nazim Registration Nikkah & Divorce" means the Nazim of the department. (th) "Government" means the Azad Government of the State of Jammu and Kashmir. (d) "Divorce Deed" means the certificate issued by the Sub-Registrar after entering the divorce in the divorce register; it shall be according to 'Form D'. (z) "Divorce" means a verbal or written divorce given to a Muslim wife in any school of thought, resulting in separation between the spouses under Sharia, or in the case of divorce or Khula. (a) "Rules" means the Azad Jammu and Kashmir Nikkah and Divorce Registration Rules 2021. (gh) "School of Thought" means Sunni, Ahle-Hadith, Shia, etc. (Barelvi, Deobandi, Jafaria, etc.).

(2) All terms used in these rules shall have the same meanings as defined in the Act.

3. Objectives.
These rules shall prevail over other rules and shall be implemented despite any customs to the contrary, and Nikkah and divorce of Muslims shall be registered according to these rules.

4. Nikkah and Divorce Registration Department. (1) The Department of Religious Affairs shall establish a "Nikkah and Divorce Registration Department," headed by the Nazim, responsible for implementing the Act in AJ&K. (2) The Religious Affairs Department shall establish a "Nikkah and Divorce Registration Branch," and the Nazim shall, in addition to his regular duties, be the head of this branch.

5. Territorial Limits.
(1) Under these rules, the government may extend the limits of districts and tehsils as necessary, to be published in the official gazette. (2) In each district, the District Mufti shall act as the Registrar, while in each tehsil, the Tehsil Mufti shall act as the Sub-Registrar, implementing government orders through the district registry.

6. Registration of Nikkah and Divorce.
In each district, the District Mufti, acting as the Registrar, and in each tehsil, the Tehsil Mufti, acting as the Sub-Registrar, shall perform these duties.