Based on the discussion held recently at the Anjuman-E-Islam complex in Mumbai on the proposed model nikahnama, we bring here the views of Uzma Naheed, social activist, and Member All India Muslim Personal Law Board (AIMPLB) and Maulana Abu Zafar Hasan Nadwi.
“The Model Nikahnama will serve as a Code of Conduct for the newly-weds.”... Uzma Naheed
If a model nikahnama (marriage agreement) prepared by Muslim leaders, intellectuals and legal activists is approved by the All India Muslim Personal Law Board (AIMPLB), couples would know what obligations they have to each other and disputes between spouses need not end up in court.
The exhaustive model nikahnama, contained stipulations on the duties husbands and wives would have towards each other. Plenty of brainstorming went into the preparation of the code of conduct, which includes conditions for newly-weds.
For example, the husband must display ‘good behaviour’, not slap his wife, not force her to spend more time at her parents’ home, not force her to do illegal acts, and quantify the amount of ‘mehr’, which need not be cash alone.
The wife must comply with all marital obligations and not rush off to her parents’ house for long periods without permission. Perhaps the most important inclusion is that the couple can resolve disputes through arbitration and not necessarily go to court. This model nikahnama also notes that an arbitrator can decide issues pertaining to maintenance during the ‘iddat’ period, children’s custody and division of property.
Significantly, the model nikahnama notes that if the husband pronounces the triple talaq without first settling the dispute through arbitration, he would be liable to give his wife compensation. Also, if the husband has concealed the facts of a previous marriage, the wife can seek separation and maintenance and also pronounce tafeez-e-talaq.
The perception of Islamic jurisprudence for many Muslim women comes from the local qazi. While the court is open to them, it seems too distant and intimidating. Already burdened with poverty and illiteracy, these women look to the Board to endorse a nikahnama with protective clauses built in.
The model nikahnama still needs ironing out. We will go through the suggestions pouring in and incorporate more changes, so that when a marriage is solemnised, the rights of both husband and wife are taken care of.
The dangers inherent in the misuse of the instantaneous triple talaq, which is not sanctioned by the Quran, can only be corrected by safeguarding a woman’s rights before she enters into marriage.
“Model Nikahnama will do nothing, but act as a tranquilizer”.... Maulana Abu Zafar Hasan Nadwi:
The conditions will not change miraculously for Muslim women just by a contract clause to be signed before a Nikah. Nikahnama will do nothing, but act as a tranquilizer. All this fuss about a standardised Nikahnama is just being made to divert the attention from the real issues. It is not that Muslim women do not deserve sympathy, but the remedy being suggested is not what the ailment requires.
Even if AIMPLB accepts the proposal of the model Nikahnama and endorses it, as desired by few women activists and groups, the ground reality of Muslim women is not going to change much. AIMPLB is just a federation of the Muslim organisations, groups and individuals with no cadre of its own. Thus AIMPLB is not capable of launching any reform movements nor it has any legal sanctity for any of its resolutions.
Instead of wasting time on a symbolic solution like Nikahnama, we need to coach and train our children to understand Islam and practices it as taught to us by Prophet Muhammad (Pbuh). Lets us strive to build the character of Muslims as desired by Prophet Muhammad (Pbuh). We must concentrate on alleviating the suffering of the Muslim women rather than indulging in frivolous discussions.
Thus, what is required is a serious and sustained effort at the grass root level. First, study the real social and economical issues of the Muslim women and then do long term planning to overcome these problems.
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November 2004 |