Women-friendly nikahnama has Muslims divided
Mumbai, Inida: The model nikahnama which bans triple talaq in one go has generated a debate in the Muslim community. While a section of scholars and secular activists has hailed the All India Muslim Women Personal Law Board (AIMWPLB)’s new, women-friendly nikahnama, the orthodox Ulema are rubbishing it as “impractical’’ and “irrelevant’’.
Releasing the long-awaited new nikahnama in Lucknow on Sunday, AIMWPLB’s chief Shaista Ambar had said that the nikahnama explicitly barred men from declaring triple talaq (divorce) in one go, talaq in anger, intoxication or partial sleep or even by phone, SMS or internet.
Ambar has touched countless chords. “This is completely in accordance with the Quranic injunctions about talaq. I support this nikahnama which will help prevent oppression of many Muslim women,’’ said Islamic scholar Asghar Ali Engineer. Engineer also said that the Quran asks both men and women to appoint their arbitrators and exhaust the route of reconciliation first, before a talaq is pronounced. He also explained that the women’s right to Khula (legal separation) is as important as the men’s right to utter talaq.
“I have seen the nikahnamas of several Muslim countries, including Pakistan. They all disallow triple talaq and prefer arbitration as mandated by the Quran,’’ added Engineer who has written extensively on the issue.
Scholars are welcoming the new nikahnama also because it has given the community yet another opportunity to debate the issue threadbare. “I have not seen the nikahnama yet, but if it really bans triple talaq in one go and talaq via phone or SMS, I am for it,’’ said Islamic scholar Zeenat Shaukat Ali whose book, Marriage and Divorce in Islam, deals with the subject in detail. Ali also favours a debate on the issue.
“What Muslims in India practise are customary laws and the Anglo-Mohammedan laws created by the British. Islam gives equal rights to women and men cannot deny those rights,’’ said Ali, who teaches Islamic Studies at St Xavier’s College. “There should be a debate within the Muslim community on whether they want laws based on the Quran or laws created on the basis of certain customs and rituals.’’
However, the male-dominated ALL India Muslim Personal Law Board (AIMPLB) has predictably rejected the nikahnama. It has dismissed the model nikahnama as “sensational’’ and its creator Shaista Ambar and her group as “publicity hounds’’.
“The triple talaq is banned among the Shias and the Ahle Hadees, but it is practised among the Hanafis (followers of Imam Abu Hanifa). If some people want to follow the Shias or the Ahle Hadees, we have no problem. But it can’t be imposed on all Muslims,’’ said Maulana Athar Ali, a permanent member of AIMPLB. Maulana Athar also said that the new nikahnama’s provision that a woman can seek separation if the husband abandons her for over four years, is also not new.
“It’s there among the Malikis, a sect which follows Imam Malik. The nikahnama is a not a revolutionary step as it’s being painted in the media,’’ said Maulana Athar.
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this was a front created by the communists skdkak. thats why majority of the muslims dont even bother about it
Yep.. thats why we need more Islamic feminists PM! To stand up for our rights based on the Quran and Sunnah.
Travelling is another good one! Working and keeping our own money too!
Maryum : Umm Hasan bint Abdullah Alshabrawishi
Also the talaq by a man should be done in front of witnesses. It should not be said at home in jest.
I don't know about the organization. But this particular law seems very Islamic to me concerning women. Unfortunately, we tend to have alot of blind following in our religion by muslims who refuse to take the evidence from Quran and sunnah and continue on their merry path of ignorance. Hence, the hanafis who are trying to stop making this a public law.
Although I think it was right to emphasize that this is not a new establishment and has been well known and practiced amongst many scholars in Islam. (which was based on substantial evidence)
Maryum : Umm Hasan bint Abdullah Alshabrawishi
All credit goes to Dr. Zakir Naik he is the one who is propogating
correct deen thru Peace TV and now everyone is aware what is real Islam
http://www.peacetv.in/
stealth: Few questions... if u care to reply.
1. Why was this organisation created... If there is no problem of talak conducted as per the actual rules, then y do mislim females (wives) have to do so.
2. U say, ".....99% of the muslims are not bothered ...." Thatz exactly the problem - One has to bother if such things crop up. one has to do introspection.
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skdak this organisation is one formed by the communists. hence no relevance.
99% of the muslims are not bothered by this organisation. so the question of division does not even appear.
all in the minds of the reporters who reports the story.