INDIA
Muslim women can opt for separation through 'khula': AIMWPLB
Sunday, 16 March 2008
Lucknow, March 16: Surpassing the traditional diktat of the religious leaders of giving power of separation to only men, All India Muslim Women Personal Law Board (AIMWPLB) today released the ''Shariat Nikahnama''
giving full recognition to the power of women taking initiative for separation through 'Khula'.
AIMWPLB chairperson Shaista Amber made it clear that the new nikahnama has given full recognition to 'Khula' as per the rules of Shariat law.
"Khula is nothing new as it already exist in the Shariat law, but it was not enforced and remained unintroduced in our men dominated society'', she alleged.
In an innovative move, the new nikahnama says that any woman can go for separation, if the husband is missing for four years, having illicit relationship with other woman and hiding the disease of AIDS during marriage or after marriage, besides other issues like not giving food, clothes and other essential things.
The woman has full authority to go for separation, if the husband harasses her and her children under the Shariat law and the couple must approach the Darul Kaza (a Shariat court).
In the new nikahnama, the girl has also been given full power of separation from her groom by paying back the mehar, if the husband is not willing for talaq.
Under the talaq, all the gifts received during the wedding and afterwards would be the bride's property. Before the talaq, both the husband and wife would stay together for three months, in an effort to resolve their dispute and prevent separation.
The new nikahnama, claiming to be more stringent on the unfair practice of 'triple talaq' (divorce through saying the word talaq), says that at least three months time should be given to both husband and wife to end their dispute before talaq.
However, the nikahanama rejects any talaq done through SMS, E-mail, phone or video conferencing, besides rejecting talaq done on provocation.
For the first time, the nikahnama will have three forms duly filled during the nikah-- one for the marriage bureau, one for bride and groom and one for the quazi--so that there is no controversy over the marriage and everyone has the legal document.
The nikahnama, as claimed by the board, has given equal rights to both the bride and groom and several stringent measures like registration of the nikah at Marriage Bureau office, pasting photos of the bride and groom and an agreement between the newly
weds to be together for lifelong.
Besides this, nikahnama narrates in detail about the expenditure to be borne by the groom in case of mutual separation or talaq through legal process.
Releasing the Shariat Nikahnama, Board chairperson Ms Amber told mediapersons here that this new nikahnama was very much different from the model nikahnama of the All India Muslim Personal Law Board (AIMPLB) ''The model nikahnama had not taken care of the women rights as per the Quaran, whereas the new nikahnama had maintained the equilibrium,'' she claimed.
''While the model nikahnama is only in Urdu, Shariat Nikahnama is both in Hindi and Urdu, so that it reaches to common Muslim people,'' she said, adding that the new nikhnama will also make the address verification of the groom compulsory.
Ms Amber made it clear that the main objective of the nikahnama was to make the life of a girl more secured as there were several cases when the girl's family had been duped by the groom.
The model nikahnama of the AIMPLB, released way back in 2005, does not take on the contentious issue of 'triple talaq'. The model nikahnama does not provide any safeguards to women against the men, who leave their wives without sufficient maintenance. It has
completely ignored areas such as marriage of minors and polygamy.
Although it does put together some guidelines, its greatest fault is that it makes none of these mandatory.
The new nikahnama has 17-point hidayatnama (guidlines for marriage under Shariat law for bride and groom), while eight points on the talaq process.
The prominent points on the hidayatnama are that any forceful nikah is not acceptable under Shariat law, while during the marriage it should be kept in mind that both the bride and groom agree to the nikah for their better family future.
Forceble dowry has been made forbidden, while the amount of the 'mehar' should also be made through mutual agreement.
However, the minimum amount of mehar would be 30 gm and 618 mg of silver while the maximum would depend on financial status of the groom.
The family of the groom have been suggested to treat the bride as their daughter, while several recommendations have been made to strengthen the family life of the bride and groom, besides quoting do's and don't.UNI
Muslim women can opt for separation through 'khula'
