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This is an archive article published on May 18, 2005

For Gujarat Muslims, new nikahnama is right model

Early in June, Mohammad Maniar plans to take a leap of faith on behalf of his liberal Sunni Bohra community. That’s when the Ahmedabad-...

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Early in June, Mohammad Maniar plans to take a leap of faith on behalf of his liberal Sunni Bohra community. That’s when the Ahmedabad-based rubber parts trader will become the first Muslim in Gujarat to get married as per the model nikahnama.

‘‘My family has appreciated my thinking on this and I have taken this conscious decision after fully understanding its conditionalities,’’ he says.

Maniar is one of the many prospective grooms here who have approached the Darul Qaza—shariah court set up by the All India Muslim Personal Law Board —seeking to get married under the nikahnama finalised by the Board recently.

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Even if it means going against their families’ wishes or clerics saying there’s nothing ‘‘new or innovative’’ in the document. Arif Hasan Mansuri, a clerk at the Darul Qaza, has monitored over 100 cases of marital discord since the court got going in December. And now, this bachelor from nearby Himmatnagar has decided to get married—as per the model nikahnama. ‘‘I don’t care if my family agrees with me or not. This is my independent decision, which I have taken after weighing the pros and cons. After all, what is wrong if a woman gets her rightful dues even if she cannot live with her husband?’’ says Mansuri.

Says Mufti Abdul Qayyum Jaipuri, who is quite upbeat about the model nikahnama: ‘‘We have decided to convene a conference of Qazis and religious clerics in next few weeks for a brainstorming session on how best they can contribute to making the new matrimonial document acceptable and popular among the community.’’

Mufti Qayyum says it may appear that there is nothing in the document that can pass as new ‘‘but certain basic provisions of the Shariah relating to marriage have been made more elaborate and easy to comprehend.’’ The model will succeed, he says, as it has got several first-time features:

The husband is not encouraged to pronounce triple talaq in one sitting

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Presence of checks on marital status of brides and grooms at the time of nikah

Permanent guidelines on how to lead married life

In case of marital discord, the aggrieved party shall refer the matter first to community leaders or the ulema or Shariah court for a resolution

On Mufti Qayyum’s wishlist now: a campaign to introduce and popularise the new document so that clerics can begin educating people.

‘‘Its inherent benefits to both parties will have to be explained to the community in the right perspective,’’ he says.

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Mufti Qayyum points out that the model nikahnama would be a boon for couples in mass marriages that are becoming popular among Muslims here—in May, 111 such marriages were solemnised in Ahmedabad.

However, M G Bombaywalla, head of the Sunni Bohra community here, says the success of the model nikahnama depends largely on how the clergy interprets it.

‘‘This is important because the model produced by AIMPLB is not, and cannot be made, mandatory,’’ he says.

However, that has not deterred youngsters like Mohammad Ilyas Shaikh from deciding to get married—next year—as per the model nikahnama. ‘‘With this nikahnama in place, my wife will have protection from the probable harassment she may face from my family when I am away on work,’’ he says.

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