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Muslim women oppose model `nikahnama'

Kalpana Sharma

"No basic reform; dangerous for Muslim women"


  • "Does not reflect draft model"
  • "Personal issues pushed into ghetto"
  • "AIMPLB not the ultimate authority"

    MUMBAI: : Women's groups have greeted with despair the model `nikahnama', announced on Sunday by the All-India Muslim Personal Law Board (AIMPLB) after its meeting in Bhopal.

    Hasina Khan of Awaz-e-Niswan, who represents one of several groups that have lobbied for a model `nikahnama', told The Hindu that the document presented by the AIMPLB was "ridiculous" and also "dangerous".

    Ms. Khan said that her group, which works with Muslim women on issues of violence and their rights, had been pushing for such a standard `nikahnama' for the last eight to 10 years. In 2000, the AIMPLB invited Ms. Khan and others to present their viewpoint. Lawyer and activist Flavia Agnes of Majlis have lobbied separately and even prepared a draft model `nikahnama' that was given to the AIMPLB. "We are shocked to find none of this reflected in the document," said Ms. Khan.

    One of the issues that has most concerned Muslim women, said Ms. Khan, was the practice of `triple talaq' whereby a man can say the word "talaq" three times in a row and that is accepted as a valid divorce. She said that although the model `nikahnama' does advise men to avoid divorce and the practice of saying `talaq' in one sitting but does not rule that it is incorrect. "There has been no basic reform," she said.

    "Disappointed, disturbing"

    Muslim women were also disappointed, said Ms. Khan, with the kind of duties laid out for men and women in the document. While the husband is advised to be a good Muslim, look after the wife according to his status and not to misbehave, the wife is asked not to go out without his permission, to obey him and to give him support.

    Most disturbing, in Ms. Khan's view, is the provision in the document that suggests that if members of the family cannot arbitrate on the differences between a husband and wife, they should go to the equivalent of a Shariat court.

    "What country do we live in if we are speaking of a Shariat court when after years of struggle we now have family courts to deal with these matters," asked Ms. Khan.

    "This is dangerous for Muslim women. Our personal issues are being pushed into the ghetto." By allowing a cleric to do the arbitration between an estranged husband and wife, the women would be at a disadvantage, Ms. Khan felt.

    Ms. Khan also questioned the right of the AIMPLB to represent itself as the ultimate authority on these issues.

    "They are basically a religious and conservative group who are not interested in women's rights."

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