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Muslim women law board unveils model nikahnama
Shahira Naim
Tribune News Service

Lucknow, March 16
While the All-India Muslim Personal Law Board (AIMPLB) is against the apex court’s direction of compulsory registration of marriages, the All-India Muslim Women Personal Law Board (AIMWPLB) has fully endorsed the suggestion as “pro-women”.

Releasing a model nikahnama drafted by the AIMWPLB, president of the board Shaista Ambar said instead of resisting the Supreme court’s move, the AIMPLB should have welcomed it with open hands as it would provide the much needed safeguard to vulnerable women who at times find it difficult to even prove their marriage.

Ambar declared that her board was in favour of having the registration of marriage at three levels: a written nikahnama with the couple; a copy with the qazi who conducts the nikah and also with office of registration of marriages.

Speaking on the occasion, noted scholar Maulana Abdul Qayyum criticised the AIMPLB for drafting a nikahnama without consulting women. “As a result it has not been accepted by the community”, he said.

Sharing the salient points of the nikahnama released today, Ambar said it had been drafted in the light of the Quran and relevant Hadith that underline the rights of women. It lists duties as well as responsibilities of both the bride and the bridegroom entering matrimony.

The four-page nikahnama, available in both Hindi and Urdu versions in a single booklet, lists 17 points that the couple should keep in mind. It not only prohibits dowry and domestic violence, but also lays down the terms on which religion prescribes the bridegroom to treat his wife.

Quoting the Quran, the nikahnama states that as per his economic status, the man is expected to provide his wife cooked food, stitched clothes and even seasonal fruits.

It, however, gives women the right to divorce only under certain conditions, which includes getting married by not disclosing that her partner is an AIDS patient.

It also equates talaq with Khulah, the right of women to leave their husband.

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It says…

  • The girl has been given full power of separation from her groom by paying back the mehar, if the husband is not willing for talaq.
  • Under the talaq, all the gifts received during the wedding and afterwards would be the bride’s property. Before the talaq, both the husband and wife would stay together for three months, in an effort to resolve their dispute and prevent separation.
  • At least three months time should be given to both husband and wife to end their dispute before talaq.
  • It rejects any talaq done through SMS, E-mail, phone or video conferencing, besides rejecting talaq done on provocation.
  • The nikahnama will have three forms duly filled during the nikah — one for the marriage bureau, one for bride and groom and one for the qazi — so that there is no controversy over the marriage and everyone has the legal document.
  • It narrates in detail about the expenditure to be borne by the groom in case of mutual separation or talaq through legal process.
  • Forceble dowry has been made forbidden, while the amount of the ‘mehar’ should also be made through agreement. However, the minimum amount of mehar would be 30 gm and 618 mg of silver while the maximum would depend on financial status of the groom.

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