New Shia nikaahnama released -Your views

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193980

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Posted: 19 years ago

nikaahnama released - News India" hspace=10 src="http://www.ndtv.com/images/topstories/Muslimwoman.jpg" align=left vspace=10>
Ravi Tiwari

Sunday, November 26, 2006 (Mumbai):

Shia women now have the right to divorce as their new nikahnama comes into force with most revisions aimed at empowering women of the community.

Now Shia women will have the right to know the incomes of their husbands, and details of their occupations.

Their husbands or in-laws cannot stop them from working after marriage, nor can they demand any dowry.

Also, a shia woman can file for divorce if she:

Or finds his personal details filled in the marriage contract false.

''According to Allah, the right of divorce lies with the husband. But Islam also accepts it when under special circumstances, the husband delegates the right of divorce to the wife," said Maulana Mirza Mohammad Athar, Member, All India Shia Personal Law Board.

Approved by the Ayatullah

This nikahnaama had been already approved by Ayatullah Siastani, the revered cleric of Najaf in Iraq.

On Sunday, the final draft was released by the All India Shia Personal Law Board at its annual convention.

"Women have many rights in Islam. But so far these have not been presented to the people," said Maulana Mirza.

Now this nikahnaama is law, one that empowers Shia women considerably.

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Manish

@ChameliKaYaar

Inactive

Posted: 19 years ago

Is this something that has happened in India or somewhere else. Regardless this still fails well short of equality and it still is appalingly tilted in favor of man. Check the clauses....

A shia woman can file for divorce if she:

Is tortured by her husband
Hasn't seen him in two years
Or finds his personal details filled in the marriage contract false.

Why does she has to wait 2 years? That is preposterous. Why is there a clause at all when there is no clause for male counterpart to divorce her.
Laws should be equal for all and they should be made for human beings regardless of gender,cast, creed, faith etc.

Edited by ChameliKaYaar - 19 years ago

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193980

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Posted: 19 years ago

My doubt is not regarding the divorce law but about the decision maker of the law. Why should Indian Muslims follow the laws approved by Iraqi Supremes?

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@mermaid_QT

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Posted: 19 years ago

Nice post Maya!

I am also a bit confused about whether it is now the law for Shia ladies globally / in Iraq / in India ..

1) Any changes aimed at improving the living conditions of women/ men is applaud-worthy

2)Making laws cannot force the citizens to abide by them. Unless the implementation is effective, changes may not occur anyway!

3) Laws should be based on REGION, not religion. If my religious text requires me to drive car on left side of the road, then I should not live in the USA. Period.
I am against the concept of DIFFERENT LAWS based on RELIGION. We'll never be equal as long as this continues. Different citizens abiding different marriage / divorce laws unfortunately breeds severe discontent.

mQT

Edited by mermaid_QT - 19 years ago

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@mermaid_QT

Inactive

Posted: 19 years ago

Originally posted by: ChameliKaYaar

Why does she has to wait 2 years? That is preposterous.
Laws should be equal for all and they should be made for human beings regardless of gender,cast, creed, faith etc.

indeed! I wonder who comes up with these seemingly arbitrary time limits.

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realitybites

@realitybites

Stunner

+ 5

Posted: 19 years ago

These steps are still laudable, however much we may deem them of criticism. Change is taking place and thats important. These are small steps towards giving basic Rights to Women, at least the suffering women can now opt out and start a better life. One should expect arbritary changes in customs by breaking off past shackles. The liberal muslims and NGO's are working towards empowering women. This is good news and gives hope that future would be brighter and happier than the gory past.

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Manish

@ChameliKaYaar

Inactive

Posted: 19 years ago

Originally posted by: realitybites
These steps are still laudable, however much we may deem them of criticism. Change is taking place and thats important. These are small steps towards giving basic Rights to Women, at least the suffering women can now opt out and start a better life. One should expect arbritary changes in customs by breaking off past shackles. The liberal muslims and NGO's are working towards empowering women. This is good news and gives hope that future would be brighter and happier than the gory past.

Another 2000 years before they make another little change in the law?😕

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193980

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Posted: 19 years ago

Originally posted by: abhijit shukla
With all due respect to all of us, I would hate for this to turn into an unintended and roundabout way of putting a religion on trial. If we can discuss something fruitful out of this, great! But is all the opiniions are in one directions and none of them are voices of the groups who are most directly affected...we might be defeaing the point.

I totally agree with you. I don't hope to see this topic becoming a conflict. It was not intended to be one. This new rule is a welcome change though I was disappointed to find all men committee announcing the amended rules in the news. I would like to know the opinion of Shia as well as Sunni women. Our society can't be changed in a day. Such steps will surely ensure for betterment of women not only in this community but also reflect in whole Indian society.

Edited by Maya_M - 19 years ago

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khushi

@MS.ATTITUDE

Inactive

Posted: 19 years ago

is mai khuch bhi naya nahi hai yah sare rulez pehlay hi nikahnama mai apply hutay hain .
aurat ko islam mai shrou se haq hai divorce dene ka.
der is nthg new in dis .

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sowmyaa

@sowmyaa

Inactive

Posted: 19 years ago

#10

Originally posted by: mermaid_QT

I am also a bit confused about whether it is now the law for Shia ladies globally / in Iraq / in India ..

I am also not too sure, but thinking that this is change in Indian law for shia ladies. Under the Indian constitution, Muslims have the right to separate laws in matters such as marriage, divorce and inheritance. I guess it's good to see some changes in the law for shia ladies. All I could say is "good for them".
However, I personally don't support constitution based on religion, but let's not go there.

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