MODEL NIKAHNAMAH

Convention Asks For More Radical Reforms

Subhashini Ali

A JOINT convention on the “Model Nikahnama,” recently adopted by the All India Muslim Personal Law Board, was organised in Delhi on May 31, at the Speakers Hall, Constitution Club. It was called for by the All India Women’s Conference, All India Democratic Women’s Association, Centre for Women’s Development Studies, Joint Women’s Programme, Muslim Women’s Forum, National Federation of Indian Women, and Young Women’s Christian Association. At this extremely well attended convention, there were Muslim women in a large number and also some Muslim men in the audience.

A presidium consisting of Manorama Bawa (AIWC), Subhashini Ali (AIDWA), Vasanti (CWDS), Jyotsna Chatterji (JWP), Syeda Hameed (Muslim Women’s Forum), Pramila Loomba (NFIW) and Mary Khemchand (YWCA) presided over the meeting. Syeda Hameed made a presentation placing the “Model Nikahnama” in the context of Quranic injunctions, and pointed out its serious shortcomings. Representatives of all the organising bodies also spoke. A resolution was then unanimously adopted by the convention; its text is being reproduced below.

THIS convention organised by the AIWC, AIDWA, CWDS, JWP, Muslim Women’s Forum, NFIW and YWCA to discuss the “Model” Nikahnama of the All India Muslim Personal Law Board, while welcoming the fact that for the first time the board had had to address the problems of Muslim women especially with regard to marriage, divorce, etc, feels that the Nikahnamah falls far short of the demands of justice. As far as the Nikahnamah is concerned, this convention resolves:

1.  For the first time, the board itself has discouraged the practice of ‘triple talaq’ in one sitting. It should now heed the many voices of Muslim women and others in all parts of the country to promote the complete end of this practice.

2. The practice of polygamy, which cannot be sanctioned or condoned in anyway, must be ended.

3. Women’s right to talaq and to the insertion of the clause on ‘deferred’ talaq or talaq-e-tafweez must be included in the Nikahnama.

4. The rights of divorced women and their children must be clearly stated.

5. The payment of mehr must be ensured and should not be restricted to payment in gold or silver.

6. Demands for dowry, ostentatious marriages and feasts must all be banned.

This convention reiterates its total opposition to the board’s efforts to press for shariat courts, darul kaza etc, being given judicial powers. Decisions given by such bodies as well as bodies like caste panchayats cannot be given judicial sanction. The rights of all Indian citizens to approach courts of law for justice cannot be infringed upon in any way.

This convention welcomes the resolution passed by the AIMPLB demanding an end to all state laws that deprive Muslim women of their right to inheritance of agricultural land. It must now agitate for this in every way possible. We, on our part, should also launch movements and agitations around this demand.

This convention resolves that the space for reform that has been created by the AIMPLB, having been pressurised into discussing this very important issue and by the tremendous discussion and debate that this has generated, must be used for carrying forward our movement for complete gender justice. Ultimately, gender-just personal laws for Muslims have to be codified so that their interpretation is not left to individuals or groups who insist on denying Muslim women their rights and equality. We assure all those fighting for justice for Muslim women of our cooperation and unstinted support.

This convention demands that the Government of India also frame policies and laws that ensure social, economic and gender justice to Muslim women.  The neglect that Muslim women suffer in the fields of education, health, sanitation and economic activity has also to be remedied by governments, both at the state and central levels. The security of Muslim women has also to be a state responsibility. Whenever and wherever communal violence breaks out, governments must intervene to protect them and also to mete out strict punishment to the perpetrators of violence.