[Reader-list] A Step Towards Progress

[arshad amanullah]

                                     A Step Towards Progress

The Nikahnama issued by the All India Shia Personal Law Board (AISPB)
seems to be a more progressive document than the one issued by the All
India Muslim Personal Law Board(AIMPLB). Though the latter represents
the entire diversity of Muslims in India, it had been caught in a time
warp. The AIMPLB had shown a lot of frigidity in terms of moving with
the times. For instance, the AIMPLB has not been able to dilute its
stand on the 'three talaq' (triple divorces) issue and has remained
steadfast on its legally binding effect in matters of dissolution of
marriage. This is despite the recognition that it was extremely
disapproved by the holy Prophet, peace be upon him. Moreover, the
nikahnama in this case was a voluntary document while the Shia Board
has made it mandatory for the two sides to sign it.


The new document issued by the Shia Personal Law Board at its
convention on November 26, 2006 makes it mandatory for the bride and
the groom to sign a legal contract declaring their credentials,
qualification, job and income etc. It allows the women to seek a
divorce if the husband cheats her; if she is barred from exercising
her right to education; if he disappears for two years; if he does not
provide her maintenance for months together; or, if he forces her to
have sexual liaisons with other men. Conversely, the Shia wives have
been prohibited from making such 'wasteful expenditure' that would
result in indebtedness of the husband. The AIMPLB nikahnama had only
laid down the conditions of cruelty and impotence of the husband for
the wives to proceed for the divorce.


Though it is still within realm of doubt as to how representative is
the AISPB of the Shia sect of Muslims, it is indeed painful that the
AIMPLB could not measure up to the expectations of all sections within
the community in matters of reforming the Personal Laws. The AIMPLB
has been following the credo of 'status quo' on personal law without
taking adequate note of the fast changing socio-economic realities
within the community. The Board has neither a research and study cell
for assessing the changes in the status of women due to the advent of
new technologies, social trends and economic factors, nor does it
consider it worthwhile to look at the reforms being affected in the
Muslim world.

(http://islamicvoice.com/January2007/Editorial/)


arshad amanullah
new delhi-25.