AIDWA on Model
Nikahnamah of the
All India Muslim Personal Law Board
PRESS RELEASE 5TH May, 2005
AIDWA Response to Muslim Personal Law
Board recommendations
The Secretariat of the All India Democratic Women’s Association (AIDWA),
after a careful study of the Model Nikahnama finalized by the All
India Muslim Personal Law Board, has noted that the Board has made
recommendations which have started the process of discussions,
change, codification and reform in Muslim Personal Laws. While the
document falls short of the democratic demands made by the reformist
sections within the community as well as democratic organizations
including women’s organisations, undoubtedly it is a step forward.
The Board has also made amendments to
its earlier draft including exclusion of its outrageous sanction to
child marriage. It has rightly demanded that no State Government
deprive Muslim women of their equal right to agricultural land.
However its insistence on the demand for official constitution of
Sharia courts has to be rejected outright. The Board has condemned
the practice of triple talaq at one sitting. It has recommended that
after the first talaq a minimum time period of three months is
required before the second talaq. The Board has made it incumbent on
those who are having their marriage conducted on the basis of this
Nikahnama to go in for arbitration and discussion While this falls
far short of the democratic demand for the banning of triple talaq
it is a small step forward.
As far as payment of Meher is concerned, the Board has included an
unambiguous statement that it has to be made. Only a part of the
payment can be deferred at the time of marriage. Of course, it would
have been even better if the entire payment was made compulsory at
that time.
It is extremely unfortunate that the Board has not made an outright
ban on polygamy. Polygamy is not acceptable in any circumstances.
However in contrast to the earlier draft the Board has made minor
concessions to this demand by preventing the untrammeled right to
more than one marriage by instructions to the Kazi performing the
marriage that in the case of a second marriage whether after a
divorce or a polygamous marriage, if the husband is not fulfilling
the responsibilities and just behaviour enjoined upon him i.e. with
regard to his children and to his first wife, then he should refuse
to proceed with the ceremony.
AIDWA had demanded that the woman’s right to ask for a divorce (Khula)
and to include the right to deferred divorce – Talaz-e-Tafwiz – be
included in the Nikahnama. Unfortunately, this has not been done but
members of the Board have made a categorical statement that if any
women want to include this right it is in keeping with Shariat and
they must be allowed to do so. It is essential that the
recommendations are not accepted as the last word. Using the space
provided by the discussions, reformists in the community and women’s
organizations will have to build a strong movement to force the MPLB
for further reform. AIDWA will be writing to the AIMPLB about its
response.
Subhashini Ali(Pres.), Brinda Karat (Vice-Pres), S.Sudha (Gen.Secy)
Anwara (Member)
iting to the MPLB on its response.
Subhashini Ali Brinda Karat Sudha Sundaraman Anwara Mirza
President Vice-President General Secretary Member Sectt
Subhashini Ali, the President of AIDWA, can be contacted on
[email protected]