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This is an archive article published on May 31, 2006

Shia board proposes new nikahnama

In an attempt to settle all marital disputes outside the courts, the All India Shia Personal Law Board has proposed a new nikahnama.

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In an attempt to settle all marital disputes outside the courts, the All India Shia Personal Law Board has proposed a new nikahnama. The proposal comes at a time when the model nikahnama mooted by the All India Muslim Personal Law Board with almost the same aim is yet to gain wider acceptance among the community members.

The new code will first be sent for approval to the highest Shia cleric Ayatollah Al-Sistani in Najaf, Iraq. It will then be sent to legal experts in the country before being finalised.

The nikahnama will have provisions to settle marital disputes by means of 8216;8216;arbitration8217;8217; by Shia community members, All India Shia Personal Law Board chairman Mirza Mohammad Athar said at a press conference in Lucknow today. 8216;8216;A nikah is a contract and both the parties husband and wife have the right to incorporate their conditions in it so that disputes arising from it can be resolved,8217;8217; he said.

Athar said couples would not have to go to courts to resolve matrimonial disputes and even if the matter did go to the courts, 8216;8216;the nikahnama would also be helpful to the courts in reaching a decision fast.8217;8217;

Issues like maintenance of the wife after divorce had also been addressed in the nikahnama, he said, adding that the board was also planning a census of Shias in the country. He expressed hope that the code would be tabled at the board8217;s annual general meeting in Mumbai on November 26.

 

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