Women’s groups scrutinise the All India Muslim Personal Law
Board’s ‘model nikahnama’
A joint convention on the All India Muslim Personal Law Board’s
‘Model Nikahnama’ was organised in Delhi on May 31 at the Speakers Hall,
Constitution Club, by the AIWC, AIDWA, CWDS, JWP, Muslim Women’s Forum, NFIW and
YWCA. The convention was extremely well attended. There were a large number of
Muslim women and also some Muslim men in the audience.
A presidium consisting of Manorama Bawa (AIWC), Subhashini Ali (AIDWA),
Vasanti Raman (CWDS), Jyotsna Chatterji (JWP), Syeda Hameed (Muslim Womens
Forum), Primula Loomba (NFIW) and Mary Khemchand (YWCA) presided over the
meeting. Syeda Hameed made a presentation placing the model nikahnama in
the context of Koranic injunctions and pointed out its serious shortcomings.
Representatives of all the organising bodies also spoke.
A resolution was then unanimously adopted by the convention.
Resolution on the AIMPLB model
nikahnama passed by joint convention of women’s organisations on May 31, 2005
in Delhi:
This convention organised by the AIWC, AIDWA, CWDS, JWP, Muslim
Womens Forum, NFIW, 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 has had to address the problems of Muslim women especially with regard
to marriage, divorce, etc., feels that the nikahnama falls far short of
the demands of justice. As far as the nikahnama is concerned, this
convention resolves:
Ø 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;
Ø The practice of polygamy which cannot be sanctioned or
condoned in anyway must be ended;
Ø 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;
Ø the rights of divorced women and their children must be
clearly stated;
Ø the payment of mehr must be ensured and should not be
restricted to payment in gold or silver;
Ø demands for dowry, ostentatious marriages and feasts must all
be banned.
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 unstinting 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.