The Hindu : Front Page : Muslims urged to avoid triple `talaq'

Online edition of India's National Newspaper
Sunday, Dec 26, 2004

Front Page

Front Page

Muslims urged to avoid triple `talaq'

LUCKNOW, DEC. 25. The All-India Muslim Personal Law Board today urged Muslims to avoid the practice of triple `talaq,' while its executive committee approved the draft model `Nikahnama' which contains guidelines for married couples.

"Muslim couples should hesitate in giving `talaq,' particularly the triple `talaq,' which is considered to be a sin," the AIMPLB assistant general secretary, Abdul Rehman Quereshi, told presspersons after the Board's executive committee meeting here at which the draft of the model `Nikahnama' was approved.

If there is any dispute in their married life, they should not take a unilateral decision. "The model `Nikahanama' emphasises that marriage is not merely a ritual, but a contract," he said. "However, it is not binding."

The `Nikahnama' furnishes guidelines for prospective Muslim couples, details about their relationship, obligation and duties, besides advising how to settle matrimonial disputes.

Mr. Qureshi said the `Nikahnama' asks the couples to carry out their obligations in accordance with the `Shariat' and "try to satisfy each other." In case of a dispute, efforts should be made to settle it by the elders of the families concerned, but if it persists, it should then be referred to the Islamic court for redress. The matter should be referred to the `Shariat' panchayat or the local ulema whose decision should be accepted by the parties concerned.

The draft would now be placed before the general body of the Board for approval at a later date.

To a query whether the Board felt a need to ban the practice of triple `talaq,' Mr. Quereshi said it was not proper to impose the rules adhered to by a particular school of thought upon the whole community.

Promoting awareness

Asked how the Board expected the model `Nikahnama' to curb the growing incidence of `talaq,' he said it would be publicised widely. Social evils could only be removed through increasing awareness and not legislation, he said, citing the "failure of prohibition, untouchability and child marriage laws" in the country.

The need for a model `Nikahnama' was felt keeping in view the fact that so far there has been no uniform guidelines.

The `Nikahnama' has been divided into three parts and contains information about the couples such as their age, permission of their guardian in case they are minor and also about the witnesses. It also dwells in detail about `mehar' (contract money committed by the husband to his wife at the time of marriage).

On the need for population control, he said the Board was against any "coercive" methods in this regard. The issue was not in today's agenda nor was it discussed, he said.

On the reported move by a section of the Muslim clergy for a new personal law board, he said there was an "international conspiracy" behind the move and would not receive support from the community. The Board represented all Muslim schools of thought and sects. He denied that the Shia community, too, was considering floating its own personal law board.

"There is a need to defend the `Shariat' and Muslims will not support any move that weakens them," Mr. Qureshi said.

PTI

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