All India Muslim Personal Law Board (AIMPLB) approved the new version of nikahnama proposed by the Sunni Ulema Council. As per the new version of nikahnama (Islamic marriage contract), the muslim men will not be able to use Triple talaq, (also known as talaq-e-biddat), to instantly divorce their wives. The new nikahnama also binds the clerics and witneses to give their testimony in court when necessary. Also the new form has a new section to record adhar card details of bride, groom, witnesses and cleric who solemnises the nikah. Triple talaq was made illegal in India on 1st August 2019. It stipulates that instant triple talaq (talaq-e-biddat) in any form – spoken, written, or by electronic means such as email or SMS – is illegal and void, with up to three years in jail for the husband. Under the new law, an aggrieved woman is entitled to demand maintenance for her dependent children. Marriage is a contract and not a holy sacrament according to Islam. It gives equal rights to men and women to choose their husbands and its been an age old tradition where the woman is also given rights to stipulate specific demands in her nikahnama (marriage contract) in order to safeguard her own interests. With the inclusion to object instantaneous triple talaq further empowers a woman while keeping the men from committing a grave sin known as talaq-e-biddat.
Written by: Ayesha Siddiqua
