NEW DELHI: Marriage in the Muslim community is a contract and it is open for women to insist on specific clauses in the nikahnama to protect their interests and dignity, the All-India Muslim Personal Law Board (AIMPLB) informed the Supreme Court on Tuesday.
Arguing through Ejaz Maqbool, the board submitted before a five-judge Constitution bench headed by Chief Justice of India J S Khehar that a woman had four options before entering into a marital relationship, including insisting on registering the marriage under the Special Marriage Act, 1954.
"The woman can also negotiate in the nikahnama and include provisions therein consistent with Islamic law to contractually stipulate that her husband does not resort to triple talaq, she has right to pronounce triple talaq in all forms, and ask for very high 'mehr' amount in case of talaq and impose such other conditions as are available to her in order to protect her dignity," the Muslim law board said.
"Since polygamy is endorsed by primary Islamic sources, it cannot be dubbed as something prohibited," it said. "...polygamy is not for gratifying men's lust, it is a social need.