Lucknow, December 25
The executive committee of the All-India Muslim Personal Law Board (AIMPLB) approved a draft 'model nikahnama' here today.
Explaining special features of the proposed nikahnama, AIMPLB assistant general secretary Abdul Rahim Qureshi said the nikhanama could be broadly divided into three parts. The first part included personal particulars of the bride and bridegroom, the name of the witnesses as well as the dower amount, information that already exists in the popular nikahnamas in use.
The second part will have guidelines that will list the duties and obligations of a husband and wife in marriage as per the Sharia. The final part of the document will have a declaration that will list the steps as prescribed in the Sharia in case of a martial dispute.
As a first step it recommends for arbitration by members of the family from both sides and elders. As a second step a decision by Sharia panchayat and a final resort of going to the Darul Qaza (courts of Islamic jurisprudence) has been recommended.
While the proposed nikhanama has called upon the Muslims to "hesitate" from resorting to triple talaq in one sitting, Mr Qureshi admitted that it did not completely ban that. As according to him "banning it is beyond the scope of the board". Still the model nikahnama has strongly urged couples to desist from taking any unilateral decision regarding the annulment of the marriage contract, he pointed out.
During the marriage ceremony, the Qazi is expected to read aloud the nikahnama to both parties so that marriage does not remain a ritual but a sacred contract, said Mr Qureshi.
The draft will be accepted and widely popularised only after the general body of the AIMLB approves it at its coming meeting. While accepting the nikahnama is not binding on anyone, care has been taken to make it as broad based as possible by including suggestions and recommendations from all sections and different schools of Islamic jurisprudence, said Mr Qureshi.
Admitting that the approval and acceptance of the nikahnama was no guarantee to check social evils relating to marriage and divorce in the community, Mr Qurieshi said law alone was not enough. The board has scheduled a simultaneous social awakening campaign that will be launched soon.
Commenting on the decision of a so-called Muslim decision-making body in Bhopal to excommunicate Zaheera Sheikh from Islam two days after the Tehelka expose, executive member of the AIMPLB, Maulana Yaseen Ali Usmani said no one had the right to throw any one out of the faith. Clarifying the stand of the board on the matter, he said the issue was neither discussed nor was within the scope of the board.
