Revised nikahnama format packs in more power for Muslim women
EXPRESS NEWS SERVICE
MUMBAI, NOV 4: Having agreed to formulate a nikahnama (marriage
contract) that would address certain issues of the Muslim woman,
especially those regarding divorce, the All India Muslim Personal Law
Board (MPLB) is expected to release a standard format of the nikahnama
in a few months. Speaking at a seminar organised by Majlis, member of
the MPLB, Uzma Nahid today said that while a rough draft of the
nikahnama has been formalised, a few issues still needed to be discussed
with the religious leaders and ulemas of the country.
``One of the major concerns of the ulemas is that this nikahnama will be
delegating to the woman the right to divorce, albeit on certain
conditions. Though within the tenets of Islamic law, this was not in
common practice till now. What worries them is that the provision could
be misused just as men too are misusing it,‘’ said Nahid, later speaking
to Indian Express.
The progress - what is being talked about as a major achievement-
towards a standardised nikahnama comes after, as Nahid informed, almost
twenty to twenty five years of work in this regard. It is expected that
the nikahnama would specify a talaq-e-ehsun procedure for divorce, where
talaq is pronounced in three sittings over a three-month period, so as
to give the couple time to reconcile. This is expected to be an
effective way to wipe out the malaise of the itriple-talaq procedure,
where talaq is pronounced thrice in one sitting. Most Muslim women today
find themselves hapless victims of the `triple-talaq procedure, which
though sanctioned under the Islamic law, say Muslim scholars, is being
used irresponsibly, leaving women with no scope for arbitration or
reconciliation.
Triple-talaq is not banned since no Islamic tenet can be banned by any authority'' said Nahid, but with the procedure of pronouncing talaq
over a three-month period being stipulated, it is expected that the
practice of giving talaq in one sitting would fade away’'.
While all Muslim marriages have a nikahnama, these clauses that have the
sanction of the MPLB, would be incorporated for the first time. Till
now, most nikahnamas did not go beyond the question of mehr. Though that
could be changing. At the seminar, High Court advocate Niloufer Akhtar
narrated how she had recently drawn up a contract between two parties
where the wife kept a condition that she would divorce if the husband
migrated to another country.
``Right now, we are concerned about the basic stipulations that should
be there in such contracts, later if individuals want, they can add to
it,‘’ said Nahid. She remarked that under the format being formalised,
they would like to give options to the bride on the form of mehr she
wanted - whether in gold or silver, cash or property.
The nikahnama is also expected to safeguard the interests of the first
wife if the husband decides to go in for a second marriage. This will
include conditions that a husband will have to meet, like giving the
matrimonial house to the first wife and that her children be paid the
same attention as was before the second marriage.
As for seeking arbitration on a matrimonial dispute, Nahid said that the
MPLB has set up three Islamic courts - Darrulqaza - in the city of
Mumbai, where muftis, would settle disputes. There is scope for lawyers
to intervene and she is trying to have a woman counsellor on the
premises of the court so that women find it easier to speak in
confidence.
(Bombay) Ltd.
Archives
Advertise
The group