India

AIMPLB yet to modify model nikahnama with triple talaq ban

PNS

Even after three years of the passage of the Muslim Women (Protection of Rights on Marriage) Act, 2019, the All India Muslim Personal Law Board (AIMPLB) is yet to reach a consensus to insert a prohibition on instant triple talaq in the model nikahnama to be used for solemnising Muslim marriages.

The wedding contract remains a work under process. There is no clear word when, if at all, such a nikahnama would be finalised. The amended nikahnama will be sent across to the country to qazis who solemnise Muslim marriages. The AIMPLB   had taken a pledge to insert a prohibition on instant triple talaq in the model nikahnama.

An AIMPLB meeting earlier this month failed to reach a consensus on the contents of the new model nikahnama. Though there was large agreement on the need to insert a clause against instant triple talaq after the Supreme Court made it invalid and Muslim Women (Protection of Rights on Marriage) Act, 2019 made it a criminal act. The AIMPLB members suggested that a clause on Talaq-e-Tafweez or delegated divorce needed to be inserted.

Under Talaq-e-Tafweez, the husband vests his power to divorce in his wife, thereby effectively ruling out hasty or instant talaq. However, many intellectuals of the Hanafi sect did not agree, leading to a fresh failure to draft the new nikahnama.