The Hindu : National : Legal expert backs model ‘nikahnama’

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Wednesday, Mar 19, 2008
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Legal expert backs model ‘nikahnama’

Special Correspondent

“Nothing objectionable from the Islamic point of view”

Major propositions conform to the Shariat in letter and in spirit
They are in full accord with the codes of Muslim law in major Muslim countries

NEW DELHI: Islamic law expert and member of the Law Commission of India, Tahir Mahmood, said on Tuesday there was nothing objectionable from the Islamic point of view in the model ‘nikahnama’ issued by the All-India Muslim Women’s Personal Law Board (AIMWPLB).

In a statement, Professor Mahmood said the objections raised by the spokesman of the All-India Muslim Personal Law Board were unfounded.

Referring to the two major propositions in the proposed ‘nikahnama’ — ‘talaq’ (divorce) communicated by phone, e-mail or SMS will be ineffective and the wife will have the right to ‘khula’ (divorce at the wife’s instance) — he said that both eminently conform to the Shariat in letter and in spirit.

Contractual freedom

“Even if somebody finds it at variance with the traditional law, parties to a Muslim marriage indubitably have full contractual freedom under Islamic law and can stipulate, at the time of marriage, conditions of their choice not violating any mandatory provision of Shariat. The new ‘nikahnama’ does not contravene any such provision and is fully valid under the legal rule of contracting parties’ freedom of stipulation,” he said.

Also, according to him, “the provisions of the new ‘nikahnama’ are in full accord with the codes of Muslim law now in force in major Muslim countries and also with the interpretation of ‘talaq’ law given by the Supreme Court of India.”

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