Headlines

India allows Shiite ‘Agent’ Divorce

Posted by Indian Muslim Observer | 11 May 2011 | Posted in , , , ,

Cairo: An Indian court has ruled that a divorce given by a Shiite Muslim who had appointed an agent to pronounce the divorce word in Arabic on his behalf as permissible, The Times of India reported on Monday, May 9.

"Respondent Sabir Hussain has duly proved that he had obtained divorce against the appellant (Mumtaz) as prescribed under Shiite Muslim Law," District Judge Reetesh Singh said.

Being married since 1992, the couple lived in Delhi and has two sons and a daughter.

In 2005, Hussain decided to divorce his wife. As he was unable to speak Arabic, he hired a man to pronounce the word "talaq" to his wife.

But the wife filed a lawsuit contending that since her husband did not pronounce the word ‘talaq’ by himself, the divorce was not valid under the Muslim Shiite law.

The court, however, dismissed her plea, allowing the divorce by the agent for the first time in India.

The court argued that her husband had engaged the services of an agent well-versed in Arabic to pronounce 'talaq' on his behalf.

Muslims account for 160 million of India's 1.1 billion people, the world's third-largest Islamic population after those of Indonesia and Pakistan.

In India, divorce and marriage issues are dominated by All India Muslim Personal Law Board (AIMPLB), the single largest religious body consisting of scholars of different schools of thought.

The AIMPLB was formed in 1973 to protect and apply Muslim Personal Law in marriage, divorce, succession and inheritance.

In 2005, Shiite and women seceded to form their own separate Boards, the All India Shiite Personal Law Board & the All India Muslim Women's Personal Law Board.

(Courtesy: OnIslam.net)

Pro-reforms Dawoodi Bohra activist urges Supreme Court to finalize hearing on members facing excommunication

Posted by Indian Muslim Observer | 22 April 2011 | Posted in , , , , ,

IMO News Service

A pro-reforms Dawoodi Bohra activist has urged the Chief Justice of India for the early finalization of Writ Petition No. 740 of 1986 to impart justice to thousands of dissident Dawoodi Bohra families who have been facing excommunication for several years now. The acitivist, who has been raising his voice againt the corrupt practices of the Dawoodi Bohra high priest Dr. Syedna Muhammad Burhanuddin, in a press release sent to IndianMuslimObserver.com has pleaded anonymity or else if his name is disclosed he will be facing a threat to his life.

“With due respect I beg to draw your honour's kind attention to a Writ Petition No. 740 of 1986 filed by the Central Board of Dawoodi Bohra Community and others versus State of Maharashtra and others. The said writ petition is pending for more than 25 years in the Hon. Supreme Court of India after its admission and initial hearing for wanting to be heard by a Five-Judges bench of the Hon. Supreme Court,” stated the letter sent to Chief Justice of India.

“This writ petition is based on the reports of two Commissions of Inquiry into alleged infringement of human rights of the members of the Dawoodi Bohra Community under instructions and in the name of Bohra High Priest. The persons who, against all opposition, conducted these inquiries were no ordinary people.  Justice N P Nathwani was a former Judge of the Bombay High Court and a Lok Sabha MP, Justice V.M. Tarkunde was a former judge of Bombay High Court and Senior Advocate of the Supreme Court, Justice Tiwetia, Kuldip Nayar, Dr. Aloo Dastur, Dr. Alam Khundmiri, Prof. Moin Shakir were committed humanists. Both the Commissions of Inquiry namely Justice Nathwani Inquiry Commission and Justice Tiwetia Inquiry Commission have proved beyond any doubt that the Dawoodi Bohra head, Syedna does excommunicate his followers even in secular and social matters violating the procedure specified by the Hon. Supreme Court. It is a shame that in this 21st centaury and in a democratic country he has reduced his followers to helpless slaves by exercising his ‘monstrous powers’,” said the press release. 

According to pro-reforms Dawoodi Bohra activist, Dr. Syedna has enslaved the entire Dawoodi Bohra community by imposing undemocratic, inhuman, unconstitutional practices and un-Islamic dogmas. In his letter to the Chief Justice of India, he has pleaded for early hearing and judgment on Writ Petition No. 740 of 1986 “so that the suffering members of the Dawoodi Bohra community are relieved from inhuman exploitation in the name of religion and gross violation of human rights and can enjoy the fundamental rights as guaranteed by the Indian Constitution”.

Indian Muslim News - ISSUES

Posted by Indian Muslim Observer | 04 March 2010 | Posted in , , ,

New Shia Nikahnamah: Reforming Muslim Law through the backdoor 

By Yoginder Sikand

Attempts to reform Muslim Personal Law to address some of its provisions that impact particularly harshly on women have inevitably met with stiff resistance from the ulema or Islamic clerics – even though, as some advocates for reform point out, these provisions have no sanction in Islam as they understand it. For its part, Indian political parties, with their eyes on the substantial Muslim vote-bank, are loathe to tamper with Muslim Personal Law for fear of angering the ulema, who project themselves as the authoritative spokesmen of the country’s Muslims. Reform in Muslim Personal Law, it thus appears, is impossible as long as the ulema continue to oppose it.

While the overwhelmingly Sunni All-India Muslim Personal Law Board continues to oppose any significant reforms in Muslim Personal Law, a recent initiative of the little-known All-India Shia Personal Law Board (AISPLBD), a group of Shia Muslim clerics set up five years ago, indicates a growing willingness on the part of a section of the Indian ulema to address crucial questions that women activists, Muslims and others, have for long been debating. While not explicitly demanding reforms in the existing Muslim Personal Law, the AIPSLBD is seeking to bring about reforms in order to protect the rights of Shia Muslim wives indirectly – through the model marriage contract or nikahnamah that it has recently come out with and is seeking to popularize among India’s roughly twenty million Shia Muslims.

Indian Muslim News - ISSUES

Posted by Indian Muslim Observer | 11 November 2009 | Posted in ,

Indian Shias seek a voice of their own

By Yoginder Sikand

Lucknow-based Maulana Mirza Mohammad Athar is President of All India Shia Personal Law Board (AISPLB). Born in 1936, he is the son of late Maulana Mirza Mohammad Tahir, a noted Shia Muslim scholar. He received a traditional Islamic education at the Sultan ul-Madaris in Lucknow, and then got a Bachelor’s and Master’s degree in Persian from Lucknow University. He served as Head of the Department of Persian, and, later as Principal, at the Shia Degree College, Lucknow. Yoginder Sikand met him at the recently-held third annual convention of the AISPLB in New Delhi and interviewed him about the AISPLB and its activities.

Q: The recently-held convention of the AISPLB hardly dealt with personal law issues at all, while the name of your organization suggests that Shia personal law should be its principal concern. Instead, the focus of the convention was on stressing a separate Shia identity, demands for reservation or representation of Shias in government services and legislative bodies and so on. This seems odd, doesn’t it?

A: Actually, our Board’s mandate is not limited only to personal law issues. It also deals with the social, educational, economic and political issues of the Shias of India. We are of the view that the 50 million Indian Shias have been heavily under-represented in all spheres of life, including even in Muslim organizations. We are a marginalized minority within another marginalized minority. Since at present Shia personal law is not a problem and faces no challenges, our convention focused mainly on other community-related issues. One such issue is that of lack of political representation of the Shias. There are hardly any Shias in the Lok Sabha, the Rajya Sabha and the state assemblies, because of which our voice does not receive any attention at all. The same is true for Shia representation in government services.

Q: Some critics argue that your Board is a ploy to divide Muslims. What do you have to say about this?

A: We certainly do not want to divide the Muslims. Those who claim that this is what we are doing do not give any space to the Shias in their own organisations.

I believe Shias and Sunnis (as well as all other Indians—Hindus and others)—must live peacefully together. They must have good social relations and close personal and social interaction. We are all for Muslim unity till this level. At the same time, we cannot deny that the Shias and Sunnis do have certain theological or doctrinal differences. It would be absolutely unrealistic, indeed impossible, to deny these differences or to seek to impose any artificial and unwanted homogenization, which will definitely not work.

Q: You claim that the Indian Shias number 50 million. That sounds an exaggeration to me.

A: Not at all. I believe that the Muslim population of India must be around 250 million, but the figure has possibly been considerably under-estimated in the census reports, perhaps due to political reasons and communal biases. Of these 250 million Indian Muslims, Shias would number around a fifth—or around 50 million. These include the different groups of Shias—mainly the Imami Shias, followers of the twelve Imams, as well as others such as Khojahs and Bohras.

Q: Do you see the AISPLB as a rival to the Sunni-dominated All-India Muslim Personal Law Board, which styles itself as a representative body of all the Muslims of India, and in which there are also some Shia representatives?

A: The AIMPLB certainly does not represent all the Indian Muslims. As far as I know, it was set up with the blessings of the then Prime Minister Indira Gandhi, who wanted to use it as a means to maintain her hold on her Muslim vote-bank. One of the leading members of the Board, Asad Madani, the head of the Deoband madrasa, was very close to Indira Gandhi. He was even a Congress Member of Parliament.

One reason why we decided to set up our own Shia Board was because the AIMPLB was heavily dominated by Wahhabis—Deobandis particularly—who are known for their visceral hatred of Shias. Qari Tayyeb, rector of the Deoband madrasa, served as the first President of the AIMPLB. Another Wahhabi, who was known for his anti-Shia views, who served as President of the AIMPLB was Ali Miyan Nadwi. However, it must be said that he also included a few Shia ulema as members of the Board.

All along we kept quiet, but, increasingly, some Shias grew restive about the lack of proper representation of Shias in the AIMLPB. Some years ago, the AIMPLB published a compendium of what it called Islamic personal laws, but; although the AIMPLB was meant to reflect all the schools of Muslim jurisprudence, the compendium was based on the views of the Hanafi Sunni school. Some of these Hanafi laws were plainly against women, and, incidentally, are quite in contrast to the prescriptions of the Shia Jafari school. The AIMPLB sought to present this compendium as reflecting the authoritative Islamic opinion, so, naturally, many Shias were upset. This dissatisfaction gathered further momentum because of the hue and cry about triple talaq on one sitting, which the Hanafis believe in but which the Shias oppose. According to Sunni law, a man can divorce his wife without any witnesses, but in our Shia law you need two witnesses for each time the word talaq is uttered, over a course of three iddat periods.

The AIMPLB continued to defend the patently anti-women practice of triple talaq in one sitting, presenting it as an ‘Islamic’ law, and the mass media gave this considerable publicity. Consequently, the general public began imagining that if Islam allowed such a practice it must be anti-women. We Shias do not support this practice at all, which we believe is un-Islamic, and so we wanted a forum from where we could stress that this practice had no sanction at all in our own school of Jafari Shia jurisprudence. In that way, others would know that the Shia position on this matter, as on several other issues, was quite different from that of other Muslims, and that, therefore, they should not confuse us with them.

Dissatisfaction with the AIMPLB mounted further after it began taking up issues that were strictly outside its purview, such as the Babri Masjid controversy, in which, I regret to say, it did not provide Muslims with proper leadership.

It was not us who first thought of setting up a separate personal law board. Rather, it was a section of the Barelvis, who are Sunni Hanafis, led by Maulana Tauqir Raza Khan, who decided to set up their own board as they rightly felt that the AIMPLB was heavily Deobandi-dominated. Like the Shias, they regard the Deobandis as Wahhabis. The Wahhabis treat the Barelvis, like the Shias, as virtual heretics.

It was only after that that some young Shia ulema from Lucknow contacted me and demanded that we, too, should have our own body. Thereafter, Shias from various parts of India began contacting me, insisting that we have our own organization to voice Shia demands and concerns. This body came into being in 2005, and I was nominated as its President. I suggested that we call it the All-India Shia Personal Law and Welfare Board, to stress that Shia community issues, in addition to personal law affairs, were its concern, but many others opposed this, and insisted we call it simply as the All-India Shia Personal Law Board. Perhaps this was because they wanted to stress their distinct identity, as separate from the AIMPLB, which was wrongly projecting itself as the representative of all the Muslims of India.

Q: What practical efforts has your Board undertaken to protect the rights of Shia women in accordance with Shia law?

A: I travel a lot, addressing Shia gatherings or majalis in different parts of India and abroad. During my travels people come to me to discuss their personal matters, particularly related to marriage and divorce. These interactions with people from a wide cross-section of Shia society made me realize that, very often, patriarchal culture and social influences, rather than religion as such, are responsible for much of the oppression that women are subjected to. Hence, to safeguards the rights of Shia women, in 2007 our Board came up with a model marriage-contract or nikahnamah, drafted by a seven-member committee of Shia ulema, which was approved of by Ayatollah Seistani, renowned the Iraq-based Shia scholar who commands a large following among the Indian Shias.

This nikahnamah specifically provides for numerous rights for wives. According to this nikahnamah, women have the right to delegated divorce or talaq-e tafwiz, and, if they use this right, they will not lose their mehr or dower. The spouses can also include in the nikahnamah any conditions that do not violate Quranic teachings. The nikahnamah specifies that in case of divorce the former husband has the duty to maintain his divorced wife even after the three-month iddat period has passed until she manages to secure a sustainable source of survival. The nikahnamah also provides for a system of arbitration before the divorce can be put into effect. Already, several marriages have been conducted using this nikahnamah.

Q: A major issue stressed by numerous speakers at the recently-held convention of your Board was the Shias’ opposition to terrorism, to terrorist groups like al-Qaeda and the Lashkar-e Tayyeba. Numerous speakers also repeatedly stressed the Shias’ loyalty to, and love for, India. Why this need to prove one’s patriotism?

A: We Shias love India and are patriotic Indians. When Imam Husain, the grandson of the Prophet, whom the Shias deeply revere, was at the battlefield in Karbala, he addressed the army of the tyrant Yazid saying that if they permitted him he wanted to leave for India. We are sons of this soil and are devoted to our country. However, as long as Hindu communal and fascist forces in India continue to claim that Muslims are anti-national we are forced to counter their poisonous propaganda by insisting that this is completely false. Sadly, Muslims in India will continue to feel forced to prove their patriotism till Hindu communalism remains.

As for the repeated denunciation at our convention of the terrorism of groups such as al-Qaeda, the Taliban, the Lashkar-e Tayyeba and so on, is concerned, it is our Islamic duty to speak out against them. We Shias believe that what they call ‘Islam’ is not Islam at all. Nor are their actions that of true Muslims. They are giving Islam a bad name. They are enemies of Islam. They are also viscerally opposed to Shias—they have been responsible for the deaths of thousands of Shias in Pakistan, Afghanistan and Iraq.

Those who were behind the terror attack on Bombay last year claimed to be Muslims, as did those who were responsible for so many other such attacks elsewhere. By denouncing their acts and their ideology we Shias want to stress that we are different, that we and our understanding of Islam, the Islam of the Prophet and the Imams, have nothing to do with such evil people. We want to tell the world that we Shias, who denounce terrorism as anti-Islamic, are Muslims, but are the opposite of those who claim to be Muslims but yet engage in such evil deeds, ironically in the name of Islam.

[Yoginder Sikand works with the Centre for the Study of Social Exclusion and Inclusive Social Policy at the National Law School, Bangalore. He can be contacted at ysikand@yahoo.com]

Indian Muslim News - SHARIAH

Posted by Indian Muslim Observer | 28 October 2009 | Posted in , , ,

IN THE NAME OF ALLAH THE BENEFICENT AND THE MERCIFUL

nikah nama

(Sanad-e-Nikah)

Presented by: All India Shia Personal Law Board

PREFACE

All over the world marriage is regarded as the sacred social obligation. But Islam has not confined it to social values only but has explained its religious importance also.

Nikah is not only a tool to increase generation but it also helps in character-building, protection from acts forbidden by Quran and formation of a family. The problem is that on the occasion of marriage people talk of religion, but the fact is that society has upper hand in every aspect. And when any issue takes a bad turn, then religion is always blamed for it.

In the Holy Qoran importance and virtues of Nikah have been described in many occasions in very clear terms. In the Hadith (hadees) of Rasool-ul-lah and in the sermons of Imams importance and virtues of Nikah have repeatedly been told.

Both Qoran and Sunnat have ordained better and kind behavior with wife and children.

The Qoran has very explicitly explained the rights of husband and wife. In case of differences, the Qoran has also suggested ways and means to solve the problem. When all the efforts of unity and reconciliation are exhausted, the Qoran has advised talaq but still has condemned it.

The society has made marriage so difficult that today father of every daughter is perturbed.

Frivolous customs and rituals, manjha, mehndi and chauthi are nothing but wastage of lot of money. Demand of big sums of money as Mehr and huge dowry have devastated families. It is necessary that we should seek remedy of our problems in the light of Qoran and Hadith. Emphasizing on the importance and need of the Nikah Qoran says :-

(And this is one of the signs of his command that he created women for you of your own creed so that you live with them happily and developed love and compassion between you.)

(Sura-e-Rome At. 21)

At another place the Qoran says :-

(Perform Nikah of women who have no husband and your obedient slaves (male and female). If they would be hauper, the God by his mercy would made them rich. And the God is very knowledgeable and accommodating).

(Sura-e-Noor At. 32)

Rasool-e-Islam has said :

(Nikah is my sunnat and anybody who goes against it is not from me.)

Islam has given rights to husband against wife and to wife against husband and has declared them life partners, compliment to each other, source of prestige, secrecy and pride.

So in another Ayat the Quran says :

Hun Libas Lakum Wa Antum Libas Lahan.

(Sura Baqar, Ayat 187)

(Aurtein Goya Tumhari Choli Hain aur Tum Goya Unka Daman Ho).

(Man is incomplete without woman and woman is incomplete without man).

Prophet Mohammad has said that it is obligatory on wife to obey her husband. Never disobey him, keep watch on his house and not to give even 'Sadqa' from husband's money without his permission. Likewise Hadith also ordains that it is imperative on husband to provide good food and clothes to wife and to forgive her if she commits any mistake unknowingly.

On another occasion the Prophet has strongly admonished those who ignore the rights of their wives and children.

(Discarded is the person who ignores the rights of his children).

(Wives should be kept with dignity, so the Prophet said).

(Wasail al Shia)

Wives should be kept with dignity, so the Prophet said.

(Anybody who brings wife, he should give her due respect).

(Wasail al Shia)

As far as religion is concerned, it has ordered to keep women with dignity, provide them with basic necessities of life and protection of their rights.

Another evil of the society is that to show their superiority people fix big amounts as Mahr which in the eyes of religion is unpleasant. The Prophet said:

(The best women in my 'Ummat' are those who are beautiful and their Mahr is very less).

(Wasail-ul-Shia)

The quran says:

(Behave properly with your wives.)

(Sura-e-Nisa, Verse 19)

Where on one hand against the teachings of Islam, huge amounts are fixed as Mahr on the other not to pay Mahr through the life, is an unpleasant act in the eyes of religion. So Imam Jaffer Sadiq A.S. says :-

There are three types of thieves, those who don't pay zakat, those who don't pay Maher of his wife and those to take debt with the intentin not to repay it.

(Behar-ul-Anwar)

In this connection the biggest social evil is that people demand big amounts and huge dowry from bride's family. One cannot expect more un-Islamic, uncultured and inhuman thing than this evil. Though this ailment has nothing to do with the religion, this is an economic malody. But the sale of bridegroom for dowry is an inhuman act which has no parallel. It is the duty of every member of Muslim society to raise voice against this evil practice.

Since Islam is a practical religion, it has principles to solve issues even in difficult times. If all efforts of reconciliation have failed and there is no possibility of agreement and the mutual trust has finished, the divorce is the last resort. Talaq in Islam is valid but it has been condemned and has been permitted only as a last resort. Imam Jaffer Sadiq says, "Solemnize marriage but don't give divorce because Arsh-e-Khuda shakes when a talaq takes place."

On another occasion it is said God loves that house where marriage takes place and dislikes that house where divorce is given. In the presence of these specific instructions it is the duty of every pious Muslim to make utmost effort to cleanse the society from the scrouge of divorce.

CONDITIONS BY THE BRIDE

1. Within the bounds of the Shariah, the bridegroom will not impose unwarranted restrictions upon me.

2. Without any proper reason, he will not refuse me to meet my parents, my siblings and my near relatives.

3. He will not force me to do anything in violation of the Shariah or which may cause me embarrassment in the society.

4. Without authentic evidence he will never make any allegation against me.

5. In case of domestic dispute, I too will have full freedom to present my cause.

6. To fulfill domestic obligations, within the bounds of the Shariah and to improve the economic situation if I wish to work anywhere, he shall not stop me.

7. In matters of upbringing of children and in domestic affairs my opinion shall carry weight too.

8. After the marriage, the groom shall never demand from my parents or me or members of my family any more gifts or cash.

9. The groom shall provide me all essential and lively needs.

10. The groom shall be responsible for the maintenance of the children.

11. If the groom disappears for two consecutive years and does not provide essentials to me, I shall have the right to refer to Hakim-e-Shar'a for divorce the groom should delegate power to divorce to me in this regard.

12. (a) If the groom constantly disappears and does not inquire about me for months together and does not provide for the essential needs and if this state continues for four consecutive years.

(b) Or, if the husband uses physical force and if his action causes danger to my life or limbs, or if he forces me to have sexual relations with other men, under these circumstances the husband will delegate to me the right to divorce him so as to be relieved of physical and mental torture.

13. After consummation takes place, in case of divorce, I shall retain full rights over my mahr. Besides, it being obligatory upon him to return to me all my belongings.

14. If any of the groom's relatives excessively troubles me, I shall have the right to ask my husband for a separate living arrangement. If this demand is not fulfilled, I shall have the right to refer to the Hakim-e-Sahr'a and his decision shall be binding upon both of us.

15. The groom shall have no right to ask for anything in cash or kind. He will also make no demands as far as reception of barat is concerned.

16. These days the demand for bridal gifts exceeds those given to the daughter of The Prophet SAWW, hence, the mahr should also be more than that of Hazrat Fatima AS and there shall be no insistence upon limiting the amount of mahr equivalent to the mahr of Hazrat Fatima AS.

17. If the groom divorces me at his own will and at that time if I have no other means of maintaining myself and to provide for my necessities, till the time the means of livelihood are acquired by me, the groom shall, as an unrelated helper, provide for my essential needs. Let it be made clear that with this condition I do not intend to interfere with the provisions of the Shariah, rather, this condition is based on humanitarian grounds that a helpless woman instead of having to beg from strangers, why she should not impose this condition binding the person to whom for a long time she had served as spouse.

18. If the groom has any complaints against me, he shall first present them before the arbitrators mentioned in this Nikahnama and shall not directly approach the court.

19. If he agrees to the conditions mentioned above, I consent to marry him.

I hereby declare that I shall not act upon conditions 11 and 12 until I procure five witnesses and have consulted a religious scholar to whose erudite opinion I shall give due weight age.

Signature of the Groom …………………. Signature of the Bride…….……………..

Date …………………..

Witnesses:

1-

2-

3-

4-

CONDITIONS BY THE GROOM

1. The bride shall support me in all matters according to Shariah and social norms.

2. After fulfilling the lawful needs of the bride if I expend my money on my parents or relatives, the bride shall have no right to object.

3. The bride shall not by wasteful expenditure which is beyond my means, land me in debt.

4. The bride shall not have the right to do any thing that would cause a disgrace to me or my relatives in the society.

5. The bride shall not have the right to make any allegations against me without investigation and authentic evidence.

6. If my financial position deteriorates and the bride's financial condition improves then until such time my economic situation improves, she shall by way of qarz-e-hasana (soft loan) support me, which shall include the maintenance of children also.

7. If the bride has any complaint against me, she will first refer the matter to the arbitrators mentioned in this Nikahnama and shall not directly approach the court.

If the bride accepts the above conditions, I consent to marry her.

Signature of the Groom …………………. Signature of the Bride…….……………..

Date …………………..

Witnesses:

1-

2-

3-

4-

5-

It is not mandatory for both parties to accept the conditions laid down for the bride and the groom in this Nikahnama. However, any condition(s) can be deleted, cancelled or narrowed and on a separate sheet of paper, shall be described in detail and signatures of all concerned affixed.

Similarly, if any conditions are to be added, for example, if the bride works to support her aging parents and minor siblings and she wishes to continue working even after the marriage so that they are not remained unsupported, or the groom immediately wishes to take his bride outside the country or the city or any other conditions can also be included, provided two religious scholars scrutinize them and approve that the conditions do not go against the shariah.

DECLARATION

I, …………………………………… son of ……………………………, residing at ………………………………………………………………………… on this date ……………………….. Corresponding to ………………………….. declare that there does not exist a wife by any previous temporary or permanent marriage/ there exists a wife by previous temporary or permanent marriage.

I have/do not have/child(ren) ……………………………………………………...

My monthly income is ……….…………………………………. and the maintenance of ……………………………………… family members is my responsibility.

My educational qualifications are …………………………………………………

My means of income are (with designation) ……………………………………...

Signature

Signatures of witnesses:

I, ……………………………………………….., daughter of …………………… …………………………….., residing at …………………………….…, on this date ……………………………………. corresponding to ……………………, after reading the above declaration, am consenting to accept Mr………………. son of ……………………………as my husband. However, if any of the provisions of the declaration are proven false, I shall have the delegated authority to divorce, and if I do not want to live with him, I shall exercise my delegated authority to divorce. However, I will not exercise this right without consulting a religious scholar and my witnesses.

Signature……………………………

Signature of witnesses: ……………………………..

If any of the provisions of this declaration are proven false, then Mrs. . .……… ............................................................... daughter of …………………………... will have the delegated authority to divorce me.

Signature ……………………….

ARBITRATION

Proceedings:

Resolving conflicts through mutual negotiations and to determine through arbitration is a desirable deed in Al-Islam (Surat-u-Nisaa, verse 35). Marital disputes that arise after marriage assume grave proportions because there are no wise counselors involved.

At the time of marriage, five witnesses from the bride's side will be named. From the groom's side, five witnesses will be named and the representatives of both parties, usually religious scholars, will also be named. In this way, when an arbitration committee is formed, it can attempt to resolve any dispute that may arise.

If during the dispute, some of the named persons are no longer alive, each party can nominate their own persons and if among the representatives one or both no longer remain alive, each party shall nominate its own religious scholar.

If the bride or the groom have complaints, the arbitrators shall assemble and according to the conditions laid down in the Nikahnama, they shall try for reconciliation between husband and wife.

If the arbitrators of one party do not attend two consecutive times after being called, then at the third time the arbitrators from the other party shall deliberate and determine the issue which shall be binding upon both parties. If despite efforts made by the arbitrators, the case ends in divorce, representatives of both parties or only the woman's representative or the area's religious scholar shall go with the woman to the religious scholar who has been appointed representative by Hakim-e-Shar'a and that scholar shall in his presence get the divorce affected.

After the divorce, it shall be upon the arbitrators to get the return of the bridal belongings and remittance of mahr from the groom. If the arbitrators fail in their efforts, the representatives of Hakim-e-Shar'a shall use his influence to get the bride's belongings.

When all efforts of the arbitrators fail, the matter shall be referred to the court.

Note :

(1) It is preferable that the pronouncement of divorce is affected after the return of belongings and if any item has been deliberately damaged then its cost shall be paid.

(2) The gifts given to the bride and the groom at the time of marriage shall not be returned in case of divorce.

(3) If only one religious scholar represented both parties at the time of the marriage, then in case of dispute, the arbitrators shall nominate another religious scholar so that the proceedings may take place in the presence of two religious scholars.

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