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Journalism of Courage
Calling upon Muslims to ‘‘avoid’’ triple talaq, the All India Muslim Personal Law Board (AIMPLB) today announced the much-awaited model nikahnamah at the end of its 18th session at Taj-ul-Masjid here.
Although the AIMPLB tried to hardsell the result as an elaborate marriage documentation that safeguards Muslim women’s rights, doubts persist over its implementation given that the nikahnamah is not mandatory.
The nikahnamah, which had earlier been accepted by the executive council at the Lucknow meet, was given the go-ahead by the AIMPLB’s general council, which met here for three days. ‘‘There were no differences and it was accepted within 10 minutes,’’ said Maulana Saeed Nizamuddin, general secretary, AIMPLB.
Claiming that the model nikahnamah was an elaborate document, the Maulana said it contains a set of guidelines for those entering a marital contract and tries to avert, if not eliminate, the process of triple talaq (divorce). ‘‘The document clearly states that unless inevitable, triple talaq should be avoided,’’ he said.
‘‘But if the separation is unavoidable, the intervention of senior family members should be sought to thrash out a solution. But if that does not work, the couple should approach the shariat court,’’ the Maulana said.
The nikahnamah suggests that for separation, the only option is to approach shariat courts.
However, asked what would happen if couples refuse to stick to the nikahnamah in case of separation, the Maulana said: ‘‘It is a hypothetical question and I don’t want to reply to that.’’
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Model nikahnamah
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On why women should not be given the right to divorce, Maulana said the proposition was not acceptable as financial liability, in case of separation, fell on the man. The nikahnamah is split into five sections: details pertaining to bride and groom, list of witnesses, Meher (bridal price), guidelines and acceptance of contract.
The most significant section is the set of guidelines for couples. Spelling out the duties of both bride and groom, Maulana Nizamuddin quoted the guidelines as stating: ‘‘The two have to respect each other’s emotions.’’
The guidelines also prohibit dowry. ‘‘The groom’s side cannot even demand food arrangement for guests accompanying them,’’ the Maulana said.
On meher, the nikahnamah suggests that it should ideally be handed over at the time of nikah, but can be given at a later stage too.
‘‘But if some part of the meher is given after the nikah, it should be in terms of jewellery,’’ Maulana Nizamuddin said.
