New 'Shariat Nikahnama' makes marriage registration mandatory

Trying to bring a change in the existing norms under nikahnama, which appeared unfair to women, All India Muslim Women’s Personal Law Board (AIMWPLB) has mooted a progressive ‘Shariat Nikahnama’ which if implemented; the women will have a different story to tell.

While releasing the nikahnama on Sunday in Lucknow, AIMWPLB President Shaista Amber claims the model is an improvement over earlier nikahnamas.

“It is the Muslim woman who is wronged in the name of Islam. Our effort is to protect her rights,” she added.

She confirms the authenticity of the new model, “This nikahnama is in conformation with the Holy Quran, the Shariat (Islamic law) and the Hadith Sharif.”

The new model makes registration of marriages mandatory and various other guidelines to allow the couple seeking talaq, enough time for reconciliation. The other guidelines include:

• There should be photographs of bride and grooms on nikahnama and original copy should be submitted at the Registrar Marriage office.
• Nikahnama should be filled in three forms, a copy for the couple, one for the Qazi and the third for the Registrar of Marriages.
• Triple Talaq said in one go can not be accepted.
• No talaq by phone, SMS or internet
• Talaq if given to a pregnant woman will be considered illegal.
• The couple should have to live together for three months before Talaq.

This law looks more lenient to women and liberal in its approach, breaking All India Muslim Personal Law Board (AIMPLB) stand which is reluctant to accept Supreme Court directive to make marriages registration compulsory in order to protect vulnerable women as well as misuse of it, the new nikahnama has given respect to this verdict of Apex Court.

But the new Shariat Nikahnama has generated its share of controversy as the clerics of AIMPLB and All India Shia Muslim Personal Law Board find it distasteful. The AIMPLB has termed it “useless” and “irrelevant”.

There have been many such nikahnama which came out but none has sunk deep in the Muslim community. The nikahnamas were criticised for it were prepare without consulting womenfolk, who suffer mostly in case of talaq.