Indian Muslim personal law: A new divorce code for women in India’s Nikahnama

Our wives made us do it

For generations, countless Muslim men have invoked the triple talaq, or thrice repeated statement of (instant) divorce that have left equally countless women (and children) destitute. This week’s approval by the All India Muslim Personal Law Board of a new comprehensive nikahnama, or set of guidelines for marriage for Muslims in India, instead advocates reconciliation and equitable rights for women over triple talaq, not an easy pill to swallow for Muslims in rural, tribal areas of that country (though it was welcomed by the BJP). The approved nikahnama contracts, although voluntary, are the end of a multi-year attempt to curb a practice that is banned in every Muslim country but remains legal in India. “What the nikahnama proposes is not new, but only a reiteration of what is already said in the Shariat,” says board member Aqeela Khamoshi. “Women’s rights will definitely be protected since the new model discourages triple talaq.” What is not accounted for is the vast educational effort necessary to inform women of their rights. “None of the objectives will be accomplished if women are not made aware of the clauses and new rules in the nikahnama,” adds Khamoshi. Many women’s organisations also feel the codes do not go far enough. “If it doesn’t contain the right of delegated divorce for women, then the whole purpose of reformation of laws goes against women,” says Teesta Setalvad, an Indian social activist. Also, because the code governs religious conduct in secular India, the lack of legal (instead of religious) ban may fail to discourage use of the “triple talaq” itself, a fact which prompted the All India Muslim Women Personal Law Board (can’t we all just get along?) to draft a nikahnama of its own. “It needs to be given much more legal teeth,” said general secretary Parveen Abdi. But for those Muslims who value the consensus of their legal experts, it may be enough. “It is true that a change in the law, even when it is the personal law, may not have an immediate effect on a heartless social practice that so obviously benefits the man,” says Calcutta’s Telegraph newspaper. “It is also true that the wife will find it easier to appeal for justice.”

Zahed Amanullah is associate editor of altmuslim.com. He is based in London, England.