www.expressindia.com - Weather | Horoscope | Stocks | RSS
expressindia web city
HomeBlogsCricketAstrology TendersClassifieds Reader Comments Hotels
Sign In / Register | Archive
Expressindia » Story

Muslim women announce own nikahnamah

Font Size

Virendra Nath Bhatt

Posted: Mar 17, 2008 at 2215 hrs IST

Lucknow, March 16 Daring the ulemas and orthodox Muslims, the All India Muslim Women Personal Law Board in its “Shariat Nikahnama” released today, has come up with a host of measures that ensures that Muslim women get their right.

Not only does it recognise the right of women to seek divorce (khula) and separation, it ensures financial settlement with an eye to the welfare of the woman and her children, advises registration of marriages and forbids forceful marriages.

The new code also rejects talaq through SMS, e-mail, phone and video conferencing. Talaq on provocation will not be considered either. According to it, talaq, to be valid, should be spread over three months to give the couple ample time to reconsider the issue.

“We are not scared of the mullah, but the Allah,” said Shaista Amber, chairperson of the AIMWPLB. “The mullahs will never come to the rescue of destitute women. Why should the Muslim woman be scared to seek khula when this right has been provided to her by the Allah?”

The new nikahnama has a 17-point Hidayatnama (guidlines for marriage under the Shariat law for bride and groom) and an 8-point section on the process of talaq. The hidayatnama prominently declares that any forceful nikah is not acceptable. Forceful dowry has also been forbidden.

Amber said the new “Shariat Nikahnama” is very different from the model nikahnama of the All India Muslim Personal Law Board (AIMPLB).

“The model nikahnama had not taken care of the women's rights as per the Koran. The new nikahnama maintains the equilibrium,” she said.

While the model nikahnama is in Urdu, Shariat Nikahnama is available both in Hindi and Urdu so it reaches more people.

“The woman has full authority to seek khula under Shariat law, from her husband if the husband harasses her and her children,” said Amber, chairperson of the AIMWPLB. The woman must approach the Darul Kaza (a Shariat court) for seeking divorce under khula. In case of talaq, all gifts received during the marriage and afterwards will be the property of the bride.

In absence of a divorce, the nikahnama says any woman can go for separation if the husband is missing for four years, has an illicit relationship with another woman or refused to disclose HIV status before or after marriage. Besides, issues like not providing food, clothes and other essentials will also be counted as grounds for separation. In case of separation, the woman has the right to mehar.

To avoid controversy, the new nikahnama also rules that three forms should be filled in during nikah — one for the marriage bureau, one for the bride and groom and one for the quazi.

Muslim women had criticised the model nikahnama of the All India Muslim Personal Law Board (AIMPLB), released way back in 2005, saying it failed to address the contentious issue of "triple talaq". It also did not provide any safeguard to women against the men, who desert their wives without sufficient maintenance. It has completely ignored areas such as marriage of minors and polygamy, they had said.

"Though the model nikahnama does put together some guidelines, its greatest fault is that it makes none of these mandatory," said Amber.

Discuss this story on expressindia forums
Post Comments
Name* Email ID*
Subject* Country*
Message*
Characters remaining
 
TERMS OF USE: The views, opinions and comments posted are your, and are not endorsed by this website. You shall be solely responsible for the comment posted here. The website reserves the right to delete, reject, or otherwise remove any views, opinions and comments posted or part thereof. You shall ensure that the comment is not inflammatory, abusive, derogatory, defamatory &/or obscene, or contain pornographic matter and/or does not constitute hate mail, or violate privacy of any person (s) or breach confidentiality or otherwise is illegal, immoral or contrary to public policy. Nor should it contain anything infringing copyright &/or intellectual property rights of any person(s).
I agree to the terms of use.
khula by asra on 23 Oct 2009

i want to take khula from my husband how to take it as am staying in k.s.a. i need help as he tortures me doesnt give me treatment he always is busy in some or the other works which is not so important

please solve my problem by aisha on 08 Oct 2009

according to section 18 of nikkah nama...."is right of divorce is given to the bride??" what does it mean? what benefit girl gets???

Latest News

Business

Showbiz

Sports

Before riot anniversary, Modi takes Sadbhavna Mission to Godhra

1984 riot victims burn Sonia effigy

Uma's entry in poll fray to increase infighting in BJP, says Digvijay

Punjab bets: Congress most likely, but just ahead on seats

UP polls: The choice, and why it may hurt

Grand Mufti bans pastor from Valley

Man sends talaqnama by post to wife, court says no

More
© 2011 The Indian Express Limited. All rights reserved
Advertise With Us | Privacy Policy | Feedback | Express Group | Site Map