The Hindu : Andhra Pradesh / Hyderabad News : Muslim women's organisations prefer siyahnama to nikahnama

Online edition of India's National Newspaper
Thursday, Jun 30, 2005

Andhra Pradesh

Andhra Pradesh - Hyderabad

Muslim women's organisations prefer siyahnama to nikahnama

Tarangini Sriraman

"Nikahnama does not go far enough to deliver on women's rights"

HYDERABAD: Muslim women's organisations have not rested their case on the model nikahnama that the All-India Muslim Personal Law Board (AIMPLB) laid down in April last.

While the nikhanama was welcomed by some organisations, albeit with some caution, some others have maintained that they prefer the siyahnama, followed since the Nizam's rule, and that the model nikahnama does not go far enough to deliver on women's rights.

Director of Shaheen, Muslim Women's Resource and Welfare Association, Jameela Nishat, says the model nikahnama would have made a difference had it clearly banned triple talaq. Regarding the nikahnama's instructions on arbitration, that domestic disputes should be settled by elders or else by the Darul Qaza, she said that the idea of a parallel justice system was unacceptable and that Muslim women should be allowed to go to court over domestic disputes.

While the AIMPLB has furnished guidelines for conduct of married couples, it is passive about women's rights of divorce, she said. Under the model nikahnama, the system of `khula' continues to prevail, whereby the woman cannot divorce her husband without his consent, but the man can divorce his wife even if she is unwilling.

Ms. Nishat cited the example of a pregnant woman, Najma, who was divorced by her husband who signed the papers in the Darul Qaza. She was not informed about it either by her husband or by the Darul Qaza and came to know after she had given birth to her baby.

`Iqrarnama'

Ms. Nishat welcomes the `iqrarnama' (agreement) in the model nikahnama (that stipulates that written records of all marriages be maintained, with copies retained by the groom, bride and the Government. However, she says this `iqrarnama' is not good enough as it does not address disputes arising in the instance of a divorce.

She said the All-India Muslim Women's Network, of which Shaheen is a member organisation, has come up with an alternative iqrarnama which stipulates that if the man wants to marry again, he must produce the divorce certificate signed by his earlier wife, and if he wants to keep two wives, he must procure the written consent of the first wife. The idea is to make divorce or second marriage possible only with consent, she said.

Director of the Centre for Women's Studies in Hyderabad, Rehana Sultana, says that the model nikahnama should be backed by progressive customs. Ms. Sultana said that a custom like `Tafuz-e-Talaaq' can negate khulla (by Tafuz-e-Talaq, the man can opt to delegate the right of divorce to his wife either at the time of marriage or after marriage, so that if she does not want to live with him, she can get divorce even if he does not sign the papers.)

Making changes

Aquila Khamoshi, who runs the women's organisation, Tanzim Binte Harem, however, endorses the system of arbitration laid down by the model nikahnama and argues that it will certainly reduce the incidence of divorce. Also, she said, the AIMPLB has allowed the leaders of different sects to recommend changes. Ms Nishat strikes a different chord by saying that women should be allowed to add their own clauses in the nikahnama like in other countries.

Printer friendly page
Send this article to Friends by E-Mail

Andhra Pradesh