NIKAHNAMA — A TOOL FOR WOMEN'S RIGHTS IN MUSLIM MARRIAGE

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Authors: Jessina Ghei
Cited by: 0

Abstract

This research paper examines the role of the nikahnama as a foundational legal instrument for safeguarding women's rights within the framework of Muslim personal law in India. While marriage in Islam is established as a civil contract, the absence of a uniform, legally binding nikahnama often leaves women vulnerable to systemic inequities. The study provides a comparative analysis of three prominent model nikahnamas: the conservative 2005 model by the All-India Muslim Personal Law Board (AIMPLB), the partnership-oriented model by the All-India Muslim Women's Personal Law Board (AIMWPLB), and the rights-based Shia model by the All-India Shia Personal Law Board (AISPLB). By evaluating provisions such as delegated divorce (talaq-e-tafweez), maintenance, and polygamy restrictions, the paper highlights how the contractual nature of marriage can be leveraged to secure gender justice. Drawing inspiration from standardized international frameworks like Pakistan's Muslim Family Laws Ordinance of 1961, the research advocates for a codified yet flexible nikahnama that integrates progressive Islamic jurisprudence with secular legal protections to ensure dignity and security for Muslim women.

Fields of Study & Subjects

Family and Matrimonial Law Multiculturalism Politics Migration Gender Marriage and Family Dynamics

Publication details

Journal / source
Zenodo (CERN European Organization for Nuclear Research)
Publication date
9 March 2026
Language
EN