[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.
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