On the lines of the model Nikaah Nama.
Well I have been interacting on Islam with 'Naushad' a very close colleague of mine who happens to be a Muslim but looks at other religions with some unexpected tolerance. He condemns the triple talaq in sleep and under the influence of liquor. He looks forward to convert a non muslim to a muslim. And he displays extreme patience and acceptance of other religious points of view, but on certain beliefs he is a pure muslim. Meanwhile somedays back on helpline I attended Yousuf, a pure Muslim too who could have done the triple talaq, but respects the Indian constitution too, was quite evidently, finally, falsely charged with 498a by his wife last month.
Meanwhile, Rakhee Sister of mine Tasneem who calls me bhai tells me about the vulnerability of Muslim women in this institution of marriage, She used to quote the helpless state of her aunt who is with a souten (her husband’s 2nd wife). And therefore I used lure her to become Tulsi from Tasneem on every rakhi :-) Jokes... well not exactly....
And my wonderful friend who is a hindu vaishnav but has married to her long time love, then a moderate muslim and now a fanatic. She shares her heart out of her insecurities on her hindu practices of chanting Gayatri Mantra and her hubby now oppossing the same, especially after a kid, she fears that her dissapproving husband might get a second wife of a Muslim family, while she is still his wife as Islam permits that.
While all of them agree that my plight of 498a is valid, I too agree the plights of these women who know what 498a is, but won’t use it. I have been seriously wondering on the extreme laws, permutations and imbalance of women's freedom in the same society, I Feel it is more or less jumbled up on all strata’s leading us practically nowhere. Rather we get more complex and jumbled conclusions that we perceive as solutions. This calls for a desperate need of "Uniform Civil Code."
Well, but I have read a practical solution to the triple talaq problem and certain regulations of the otherwise much more practical Islam that has Meher and also does not rule out Talaq. That also has a right of the property attached to the girl child too. Hats off on certain issues.
Insha Allah, The practical solution as I have been reading is a “model-nikaah-nama” that will have some amendments on those issues that are cleverly misused. And another practical solution suggested to this is involving the Victm Muslim women or almost victims who have been victimised, they would best know in what way they have been victimized and possibly could lead to solutions to those issues. That would be the optimum way to reach solution. Ask the patient what are the side effects and bring about relevant amendments that works out a win:win.
Similary how about involving the 498a victims in reframing the 498a law that takes care of the vulnerable women and at the same time cannot be misused, it should not blindly punish the accused that also involves many innocent victims these days and by the time they are proven innocent the moral, financial and ethical damage is already done by compulsory arrests of the parents, siblings husband without investigation. And are so exhausted that after acquittal they prefer to get rid of the surpanakha rather than fighting back.
As they lose the moral, and the primary objective of all these communications is to appeal to the conscience of the well-meaning members of the society and remind and reestablish to all of us of the fundamental concept of the legal jurisprudence that thousand guilty men may escape the clutches of law but one innocent man should not get punished for a crime he has never committed. Malimath committee under NDA regime had attempted reforms but in vain, now that more and more misuse is getting proven, Malimath committe should be reappointed and the IPC section 498a be re-drafted or and antidote for misusers be reintroduced, since misuse has become more and more common.