A new marriage contract available to Muslim women in the UK

New Marriage Contract for UK Muslims


IslamOnline.net & Newspapers


"The document is a challenge to various Shari`ah (Islamic law)
councils who don't believe in gender equality," Siddiqui said.
(Google photo)

CAIRO — British Muslims will unveil Friday, August 8, a new marriage
contract guaranteeing equal rights for Muslim women, a move praised
by both Muslim organizations and women rights advocates.
"In Britain, more marriages are breaking down and young people have
said that we need to update things," Ghayasuddin Siddiqui, Director
of the Muslim Institute and one of the contract's authors, told The
Daily Telegraph.

The new contract emphasizes on mutual consultation and on the
financial independence of the husband and wife.

Under the new document, a husband will have to waive his right to
polygamy.

The contract does not require a "marriage guardian" (wali) for the
bride, and gives the wife the right of divorce while retaining all
her financial rights.

It stresses that "two adult witnesses of good character" (whether
males or females, Muslims or non-Muslims) must be recognized as just
as capable of providing a reputable guarantee of the marriage and
agreed upon terms.

The contract also provides women with written proof of their marriage
and of the terms and conditions agreed between the spouses.

"The document is a challenge to various Shari`ah (Islamic law)
councils who don't believe in gender equality but the world has
changed and Islamic law has to be renegotiated," said Siddiqui.

The current Islamic marriage in Britain is not legally binding and
its contract does not provide written proof of the marriage and of
the terms agreed upon.

The new formula, which took four years to negotiate and create, has
been compiled by the Muslim Institute, a leading Muslim think-tank.

It is backed by leading Muslim groups including the Imams & Mosques
Council, the Muslim Council of Britain and the Muslim Law (Shariah)
Council UK.

There is a sizable Muslim population in Britain estimated at 2
million.

Harmony

The new marriage contract won plaudits from Muslim groups.

"The Muslim Council of Britain (MCB) is pleased to have collaborated
with the Muslim Institute in this important initiative," Reefat
Drabu, the Chair of the MCB Social and Family Affairs Committee, said
in a press release on the Muslim Parliament of Great Britain's
website.

"It meets a pressing need of our communities by explaining in clear
and simple language the importance of marriage, the process leading
to its solemnization and the rights and responsibilities flowing from
it for the parties."

The Muslim leader called for a broader application of the new
document.

"The MCB calls upon all the Imams/Qadis (judges) involved in
performing nikah to use the documentation, as its correct use will
facilitate the success of marriage and will lead to harmonious and
healthy family life."

Ziba Mir-Hoseini, of Centre of Islamic and Middle Eastern Law, said
the new contract is a step in the right direction.

"The launch of the new standard marriage contract is a welcome
initiative, a right step in the right direction, that provides the
Muslims in UK with a model for a harmonious and egalitarian marriage."

Usama Hasan, Director of the Muslim City Circle, said the contract
keeps a breast with modern developments.

"This new Muslim marriage contract is an excellent development, since
it draws on those traditional Islamic legal opinions that are more in
keeping with the spirit of gender equality."

Shahid Raza, Secretary of Imams and Mosques Council (UK), believes
that the new contract will enhance Muslims families' harmony.

"It is a commendable initiative and likely to enhance the family life
of Muslims in Britain."

The new marriage contract also drew appraisal from British lawmakers
and women rights advocates.

"The advice contained will, I am sure, help thousands of young people
and I congratulate the Muslim Institute for having the foresight to
prepare, publish and launch this excellent piece of work," said Ann
Cryer, a Labour MP.

Anne-Marie Hutchinson, a leading family lawyer, echoed a similar
view.

"I am delighted to support this very important and inclusive
initiative."

"It will provide civil law protection to many women and children
through the obligation on the parties to enter into a binding civil
marriage."