New nikahnama is a damp squib

The AIMPLB has made minimal efforts to seek a consensus on issues vital to women and has avoided hard decisions even in the notional nikahnama form on questions relating to unilateral divorce or the knotty issues of custody of children or maintenance. Women’s groups need to organise and take charge of the debate since only they can fully appreciate the impact of sweeping economic and social changes underway in India and the loss of traditional support structures, such as they were. The notional “shariat” courts cannot possibly do justice to women without adequate and diverse women’s representation, none of which has been mentioned or will be permitted.

It is clear from the pronouncements over time that the AIMPLB does not subscribe to the essential equality of sexes contained in the five basic tenets of Islam that do not distinguish between the duties of man and woman. They also ignore the revolutionary and reformist spirit of the Quran that sought to make men and women essential economic partners by according both rights in property and by recognising them as individuals. Each must read the Quran for themselves and practice its tenets without the force of any overarching church or clergy.

The twin instruments of ijma or individual reasoning and ijtihad or consensus were provided to enable future Muslim societies to keep abreast of social change. These were doubly important because Islam specifically rejected authority by way of church or clergy; there was to be no intermediary between God and the individual believer. This strength of

Islam has been turned into weakness by man-made institutions undermining its essential egalitarianism and sense of individual responsibility. These anomalies have been compounded by the acceptance of Saudi tribal attitudes and culture as Islamic.

The AIMPLB must confront modern realities and not just hark back to tradition, because the courageous leaders of the All India Women’s Personal Law Board will not let them do so. They have roundly rejected the AIMPLB’s recommendations and said they would formulate their own. The AIMPLB should realise that shackling Muslim women would be both divisive and diminish the community and change strategy by trying to keep abreast of resurgent Muslim women’s activism not just in India but across Muslim societies as they strive to achieve the goals envisaged in the Quran.

Not doing so would denigrate the accomplishments of Muslim women across many societies. Muslim women in four predominantly Muslim countries — Turkey, Pakistan, Bangladesh and Indonesia — have won elections and become heads of government despite the opposition of so called community leaders armed with fatwas. They continue to be voted to power by both men and women.

The AIMPLB would better serve its constituency by joining the All Muslim Women’s Personal Law Board in jointly campaigning for the causes important to the community as a whole in terms of education and economic goals so that they remain relevant in the current world. Anything less would make it both irrelevant and irresponsible.

Lateef is the author of ‘Muslim Women in India, 1890s to 1980s’