| Dowry Act to follow Muslim law |
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| Written by Deccan Chronicle |
| Saturday, 20 February 2010 10:59 |
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The Muslim Women’s Personal Law Board came out with their model nikahnama in 2008, which was aimed at providing Muslim women protection from oppression by their husbands. Muslims tradition ally record the presentation of gifts given at the time of marriage. The nikahnama (marriage agreement) lists the gifts exchanged by the families of the bride and groom. Dahez (dowry) in the form of gold and silver is also recorded in this nikahnama. The local qazi records the gifts and gets both parties to sign on it. If later there is any marital discord, the aggrieved party can go to the local masjid committee along with the nikahnamaand demand the return of the gifts given by his/her parents. The proposed amendments to the Dowry Prohibition Act are similar to the Muslim law. The Muslim Women’s Personal Law Board came out with their model nikahnama in 2008, which was aimed at providing Muslim women protection from undue oppression by their husbands. It says that a husband is expected to provide “cooked food” and “stitched food” to his wife. It also explicitly bars men from declaring talaq (divorce) in a fit of anger or if he is intoxicated or partially sleep. It disallows divorce over the telephone, mobile texting or through the Internet. This new nikahnama clearly spells out the grounds on which the wife can initiate divorce. Besides extra-marital relationship, it includes “absence of physical relationship between the husband and wife for more than a year, abandonment of the wife for more than four years, failure of the husband to look after the wife and family, or any kind of illtreatment or torture.” The Shariat also entitles a woman to ask for a separation where the husband refuses a divorce. If the wife finds wedlock totally incompatible, she could part ways by either paying back the mehr (dowry) amount or something in lieu thereof to the husband. |




