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A New Divorce Code for Women in India's
Nikahnama
For years, Indian Muslim men have been
allowed to divorce their wives with three repeated words, the
dreaded triple talaq. A new religious ruling may finally end
the practice.
By Zahed Amanullah, May 4, 2005
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 alt.muslim. He is based in London,
England. |
