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Fri. Aug. 8, 2008

News > Europe

New Marriage Contract for UK Muslims

IslamOnline.net & Newspapers

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"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."

Click to read the Contract

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