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Indian Muslim Women’s Model Nikahnama (Marriage Certificate) Bars Divorce By SMS, Phone, Radio Conferencing or Email
A non-governmental organization of Muslim women in India has released a model Nikahnama or marriage certificate to be issued at the time of contracting Islamic marriages. The Hindi-language newspaper Dainik Hindustan reported that the All India Muslim Women’s Personal Law Board, meeting in the northern Indian city of Lucknow, released the model Nikahnama to address issues arising from the lack of codification of Muslim law.
Islamic marriage, divorce and inheritance in India are governed under ‘Muslim personal law’, as permitted by the Indian constitution, but often result in disagreements and controversies as the Muslim personal law is not codified, opening a wide field for different Islamic clerics to give their own reinterpretations of Islamic Shari’a.
According to the report, the president of the All India Muslim Women’s Personal Law Board Shaista Umber said the model Nikahnama disallows divorce by SMS, phone, internet, radio conference or email. She said divorce given during situations like sleep, unconsciousness owing to illness, or extreme anger will not be acceptable. She said the Nikahnama meets the requirements of Shari’a.
According to the report, a Muslim woman, contracting her marriage under this model Nikahnama, will also be able to seek dissolution of the marriage if it was not disclosed by the groom at the time of contracting the marriage that he had HIV/AIDS. The Nikahnama also grants a Muslim woman the right against conceiving a child in cases of HIV/AIDS.
The All India Muslim Women’s Personal Law Board was formed by a group of Muslim women in India a few years ago after a similar male-dominated non-governmental organization All India Muslim Personal Law Board failed to address Muslim women’s concerns. Muslim women in India are increasingly forming similar voluntary groups to protect their interests.
Source: Dainik Hindustan, Lucknow (India), March 16, 2008
Posted at: 2008-03-19
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