Baghpat
The Muslim clerics and scholars in the Baghpat district of Western Uttar Pradesh have taken a bold step to make nikah (Islamic marriage) transparent and legally compatible. They decided that it would be mandatory for the woman and the man seeking to be married under the Islamic system to submit a legal affidavit.
Without this affidavit, no Imam or Maulana will perform Nikah. Its purpose is to make the Nikah process more transparent, responsible and ensure that not only the groom and the bride but also the Imams performing Nikah are protected from disputes and lawsuits that arise later.
According to reports, this decision was taken unanimously in a joint meeting of the Khidmat Society and a representative delegation of the Jamiat Ulema-e-Hind. The scholars made it clear that no Imam or Maulana will perform the Nikah if the concerned parties do not submit a legal affidavit.
Baghpat district is home to 27 per cent of the population.
The meeting held at the Jamia Masjid in Baraut city discussed several legal cases over the past few years, in which after the nikah, it was discovered that one of the parties had hidden his antecedents. In some cases, one of the spouses was already married; in others, a criminal case was pending against him in court, or other important legal facts were concealed.
The scholars said that on many occasions, despite not having complete information, imams who performed the marriage ceremony faced police investigations, court proceedings, and legal notices.
In view of these circumstances, it was decided that now onwards it will be mandatory for both parties to sign an affidavit on stamp paper prepared by a lawyer before they wish an Imam to solemnise their nikah.
This affidavit must declare that both parties have provided all the information related to their marital and legal status correctly and have not concealed any fact.
Scholars say that this written declaration will significantly reduce the chances of post-nikah disputes, fraud or legal complications in the future, while making the marriage process more transparent and accountable.
Dr. Irfan Malik, President of Khidmat Society, said that before the Nikah, both parties have to submit a legal declaration consisting of 11 points.
He said that Nikah is a sacred religious contract, in which transparency and truth are of primary importance. If all the necessary information is already in writing, the chances of future disputes and legal complications will be reduced.
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Dr Irfan Malik said that this campaign has been started especially keeping in mind the legal protection of Imams, because many times due to lack of complete information, Imams perform Nikah and later they have to face police action or legal problems. That is why a formal legal declaration is being prepared in accordance with the law and Sharia.