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AIMSLB releases fresh Nikahnama with more rights for women
Al India Muslim Shia Law Board's new nikahnama gives women right to
divorce, takes ground realities into
account.
BY A CORRESPONDENT
November 27, 2006
In what could be termed as a landmark move, the All India Muslim Shia Law Board has decided to let Shia women have the right to divorce. It has also been decided that marriage would be made a legal contract that would be enforceable in court of law.
The new Shia Nikahnama elaborating on this was released at the annual All India Shia convention. The fresh norms by All India Muslim Shia Law Board are liberal in that the bridegroom will now have to assure that he will neither harass the woman after marriage nor subject her to any kind of ill-treatment, failing which she would be free to seek legal separation from him. Besides, it calls for a separate undertaking from the bridegroom, where he has to guarantee of providing monthly maintenance amount to his wife even after divorce till she becomes able to gain her own source of livelihood.
Though the new Shia nikahnama goes beyond Islamic tenets regarding divorce and marriage, the new undertaking has been made mandatory in view of the large number of divorces among the Muslims. Clearly a pro-woman nikahnama, it also provides the wife the right to move to religious authority for divorce if her husband fails to comply with the written assurances made in the undertaking. Significantly, the Shia Ayotallahs in Iraq and Iran have given their stamp of approval for the fresh nikahnama.
The nikahnama also says the increasing number of cases of false claims made by bridegrooms about their status or income while seeking matrimonial alliances have to be checked.
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