Indian Muslim Women Deserve Congratulations For Their New Marriage Code

responsibilities of the husband and wife.” She said it had “three forms of which one is for registration of the ‘nikah’ at the Registrar of Marriages. The other two are for the Qazi, who solemnises the marriage, and for the bride and the groom.”

"The woman has full authority to seek khhula under Shariat law, from her husband if the husband harasses her and her children," said Amber.

She claimed that the “Shariat nikahnama” was better in many ways as “its language is easy and it contains the rights of women.” “In the old ‘nikahnama,’ there is no provision for address verification; registration of marriages has not been made compulsory and the rights of women have not been clearly laid down. Besides, it is in Urdu and everyone cannot understand it properly,” Ms. Amber said.

The woman must approach the Darul Kaza (a Shariat court) for seeking divorce under khhula. In case of talaq, all gifts received during the marriage and afterwards will be the property of the bride. In absence of a divorce, the Nikahnama says any woman can go for separation if the husband is missing for four years, has an illicit relationship with another woman or refused to disclose HIV status before or after marriage. Besides, issues like not providing food, clothes and other essentials will also be counted as grounds for separation. In case of separation, the woman has the right to mehar.

To avoid controversy, the new Nikahnama also rules that three forms should be filled in during nikah - one each for the marriage bureau, the bride and groom and the quazi. Muslim women had criticised the model Nikahnama of the AIMPLB, released in 2005, saying it failed to address the contentious issue of "triple talaq".

Unveiling the new Muslim Marriage Act drafted by a 30-member executive body, AIMWPLB chairperson Shaista Amber told a news conference in Lucknow, U. P. that it was an improvement on other ‘nikahnamas’ and “its authenticity cannot be challenged” as every provision was in