pasobcover.blogg.se - What is a nikah nama in english

It will protect any party any party from taking undue advantage of the other party.

It will gradually minimise the chances of any erroneous data.

It will help simplify the terms of the marriage.

It will bring uniformity in the Nikah Namas.

What will be the benefits of a “Model Nikah Nama”? This judgment has the potential to change the face of Indian judiciary. The Court’s verdict will have long lasting lasting effect on the whole judicial system of the country. The constitutional bench was headed by judges hailing from different religious communities hindu, muslim, christian, sikh and parsi. Hon’ble Supreme Court concluded historic hearing but reserved its verdict. The constitutional validity of practice of ‘Triple Talaq” is under the sub judice. This shows the ill effect of concept of “Triple Talaq”. Supreme Court has frequently advised the AIMPLB to clear its stance on Triple Talaq, polygamy and nikah halala practices.Īs per the data aforementioned it can be easily inferred that Muslim women are proportionately two times prone to divorce than Hindu women. AIMPLB recently accepted that “Triple Talaq is wrong but valid” Muslim Board. The As per a lot of scholars such model of “Nikahnama” should be developed which prohibits “Triple Talaq” should not be allowed some have even suggested that both husband and wife should be given the option of “Triple Talaq” but it’s a minority view. Nikahnama has become a burning issue due to the recent controversies over the ‘validity of the concept of “Triple Talaq” in marriage under the Muslim Law’. There should be well trained or at least there should be a minimum qualification to be a Maulvi witnessing the marriage. There is a dire need to eradicate this serious issue. Even families intentionally are unaware of a lot of terms in the ‘Nikahnama’ which later turn out to be a cause of conflict. There is a need for more lucid and well defined guidelines which are binding on all the couples marrying under the Muslim Law/Shariat law. Sometimes when there is an information missing in the Nikahnama the plaintiff has to settle with the remedy decided by the court and it also gives a stronger party to dominate the weaker one.ĭue to these errors in the data it becomes a herculean task for the Courts to settle disputes. Their presence during either of the events does not validate the events and their absence does not invalidate them ”.Įven families intentionally provide wrong data in the nikahnama for their short term benefits which in future turn out to be an apple of discord.

“ Qazis are not empowered under the law in India to issue certificates of marriage or divorce. On the role of Qazis, Supreme Court observed in All Assam Muslim Marriage & Ors. It has been widely observed that without any Model Nikahnama marriages are solemnised with lot of erroneous data.

Nikahnama has got huge attention especially due to the current “Triple Talaq” debate because a “Model Nikahnama” binding on all marriages in the country will help women secure a better status in the Muslim society. At present there is no “Model Nikahnama” which has a binding effect on all marriages. It is pertinent to note that All India Muslim Personal Law Board (AIMPLB) first passed voluntary guidelines for a model “Nikahnama” in the year 2005, however, they did not have a binding effect. Nikahnama is the foundation of a marriage. It is pertinent to note that All India Muslim Personal Law Board (AIMPLB) first passed voluntary guidelines for a model “Nikahnama” in the the year 2005 however they did not have a binding effect. It acts as a key to resolving issues arising out of marriage. As it carries all the details related to the marriage contract between bride and groom which entered while the solemnisation of marriage. It acts a proof of marriage in fact, it is the backbone of a marriage. A Nikahnama acts as a written form of contract. As per the “ Muslim Law ” a marriage is a form of civil contract.