Friday, October 2, 2015

Are you concerned about Muslim bashing in America?

Find out what the newly formed
American Muslim Institution (AMI) is doing about it.

American Muslim Institution is formed to bring about necessary changes in American attitudes towards Muslims, coupled with Muslim activism to achieve that goal. Our mission is to be a credible
, proactive voice for American Muslims and to promote a positive image of Muslims through dialogue and understanding both within the American Muslim community and with other American religious communities, civic and political leaders, and opinion makers. 

Contact: Mike Ghouse (214) 325-1916

For further information, please contact:

Dr. Aquilur Rahman, Board Chairman  (310) 983-4006
Ambassador Islam Siddiqui, President  (202) 725-7409
Mr. Tufail Ahmad, Board Member          (301)299-3199

Inshallah, when we are seen as contributors to the Unity, peace, prosperity and security of our nation, we will become a positive part of the American story. 

Senator Lindsey Graham offered the best response to Dr. Carson's Muslim Comment

Lindsey Graham: 'Ben Carson Should Apologize To All Muslim Americans!'

FULL Interview

It is worth watching, and will go down in the history as Senator John McCain did, and General Colin Powell did.

Mike Ghouse

Mike Ghouse will be on Hannity Radio at 5:00 with Hannity, Jasser and Gabrielle today


Dr. Ghouse will be on Hannity radio at 5:00 with Gabriel and Jasser about Carson, Trump and Ahmed log on to for details. 

The show will be broadcasted in over 250 stations across America, to find your local station go to

  1. Dr. Ben Carson out- trumps Trump in Discriminatory Attitude.
  2. Donald Trump - Muslims have become the latest Punching Bag in the Republican Party Presidential Campaign for 2015
  3. Ahmed Mohamed - Islamophobia Strikes a 14 year old in Texas   

Sean Hannity with Mike Ghouse, Zuhdi Jasser and Brigitte Gabriel at 5:00 PM 

Donald Trump - Muslims have become the latest Punching Bag in the Republican Party Presidential Campaign for 2016

Mike Ghouse 214-325-1916
Mike@American Muslim

Muslims have become the latest Punching Bag in the Republican Party Presidential Campaign for 2016

Washington, D.C., September 21, 2015 - An unidentified man, who spoke at the Trump town hall meeting in Rochester, New Hampshire, asked the mogul at the meeting on Thursday night. "You know our current president is one. You know he's not even an American" and then he went on spewing hateful tirade against Muslims.”

Donald Trump did not stop him.  He should have corrected the man as he started to insult our President, and then he went on lumping 1.6 billion Muslims with the ISIL terrorists in Syria and Iraq. Does he not know that several Muslim countries in the Middle East are a part of the U.S. led coalition currently engaged in military operations to destroy ISIL terrorists?

Can Trump answer this question for a man from Dallas, “I am an African American Muslim born and raised in this great country?” Where am I in your vision of Making America Great Again?

In 2008, a woman at a John McCain Campaign event insisted that Obama was "an Arab." "No ma'am," McCain replied. "He's a decent, family man, citizen that I just happen to have disagreements with on fundamental issues."  

We see the signs of desperation, when people resort to such insults; it shows they are operating from a position of weakness.  Americans are not stupid, Trump can try to tear America apart, but we are hopeful that people of goodwill will keep America together.   I hope Jeb Bush and other Republican candidates for President in 2016 call him out and do not out-trump his ugliness.
Ambassador Islam Siddiqui, President of AMI said, "As Americans we cannot remain silent, we call upon all the Presidential candidates to be aware that there are over 7.0 million peace-loving and hard-working Americans who happen to be Muslims.”

We hope Americans of all faiths will stand up for each others’ rights, which is the least we can do to build a safe and prosperous America for all.   

American Muslim Institution is based in Washington, D.C., and is a proactive voice for American Muslims.   

Dr. Ben Carson out-trumps Trump in Discriminatory Attitude.

Mike Ghouse 214-325-1916
Dr. Ben Carson out- trumps Trump in Discriminatory Attitude.

Washington, D.C., September 21, 2015 – Presidential hopeful Ben Carson stated on NBC’s Meet the Press yesterday, “I would not advocate that we put a Muslim in charge of this nation,” and.” I absolutely would not agree with that.”

As an American Muslim, I was hoping that other Republican candidates for President would not out-trump, Trump in making inappropriate, ugly remark. Look who did it this time.  It’s Doctor Ben Carson. He is a great neurosurgeon and deserves respect, but he has crossed the line by advocating denying the right to a Muslim American in the future to be the president, a right which is guaranteed under the Constitution to all Americans who were born in the U.S., without regard to their religion.   

He does not get what America is all about – You don’t indict an entire community for the criminal acts of a few.  He should know better as the African Americans have been the subject of discrimination and guilt by association for a long time.  If Rev. Martin Luther King, Jr., was alive, he would not have been happy with Ben Carson for judging the character of others based on their faith alone.  

Can Dr. Carson answer this question that was recently posed by a man from Dallas, "I am an African American Muslim born and raised in this great country; where am I in your vision of Making America Great Again?”

When Black Americans were enslaved, and did not have any rights, President Lincoln debated between being reelected and doing what is morally right; he chose the higher moral ground and issued the Emancipation Proclamation which began the process of freedom for millions of African-Americans. He will be remembered for eternity for standing up for the rights of all Americans, even a minority who did not have any rights at that time.

Later, the Women’s suffrage bill was passed, giving the usurped rights of women back to them. Now women from both major political parties are running for the Presidency. As we have progressed, we have restored the inalienable rights of all Americans and we cannot go backwards. 
“It is time for Ben Carson to issue an apology for having trampled upon the constitutional rights of a segment of the U.S. population or quit his quest for Presidency” added Ambassador Islam Siddiqui, President of the American Muslim Institution.

American Muslim Institution is based in Washington, D.C., and is a proactive voice for American Muslims. 

Friday, September 25, 2015

Moderate Muslim Speaker, thinker and writer

Moderate Muslim Speaker Mike Ghouse  
(214) 325-1916

Dr. Mike Ghouse is a public speaker, thinker, writer and a commentator on PluralismIslam,India, Israel-PalestinePolitics and other issues of the day. He is a human rights activist, and his book standing up for others will be out soon, and Mike has published over 3000 articles on the subjects.

He is producing a full feature film “Sacred" and it is about changing perceptions about Muslims and Muslims adopting the non-violent principles enshrined in Quran and Prophet's examples in dealing with conflicts.

He has presence on National and International Media, and appeared over 120 times on Fox News, including 102 times with Sean Hannity and over 75 times on syndicated Talk Radio shows. NPR, VOA, Local and other overseas networks. He is a writer at major news papers including Dallas Morning News and Huffington Post. All about him is listed in 63 links at and his writings are at - Mike is committed to building cohesive societies and offers pluralistic solutions on issues of the day.

Google Profile has reached 10,639, 927 Views and Personal profile has hit over 15 Million. It lists some of the accomplishments and proud moments. 

Dr. Ben Carson 
out-trumps Trump in Discriminatory Attitude.
Pope Francis – He is a mercy to mankind, one of the greatest human beings of this century.  Have written over 25 articles on him, start here.

Keith Ellison The AMI Launch story tweeted by Congressman Keith Ellison and Special Representative Farah Pandith

FOX NEWS: Mike Ghouse will be on Hannity Radio at 5:00 with Hannity, Jasser and Gabrielle today

Monday, September 14, 2015

The Launch of American Muslim Institution

Contact: Mike Ghouse (214) 325-1916


A New vision for promoting harmony in America - the launch of American Muslim Institution.

Washington, DC – September 14, 2015. For decades American journalists and thought leaders have been searching for moderate yet proactive American Muslim voices to engage in discussions on major social and political issues, including racism and violent extremism. Muslim thinkers and activists committed to be such voices have formed the American Muslim Institution (AMI) and aim to represent views of the moderate majority.

Date: Thursday, September 17, 2015
Time: 1:00 PM - 2:30 PM
Refreshments and a light lunch will be served
Location: Washington, D.C.

"We are dedicated to peace, prosperity and security of the United States of America," said Dr. Aquilur Rahman, AMI Board Chairman of the newly formed American Muslim Institution.  Dr. Islam Siddiqui, President of the organization added, "We need constructive solutions to current and emerging problems emanating from wrong perceptions and misinformation about Islam and Muslims in America." 

“Our mission is to work for a world of co-existence through inclusiveness and participation. As a member of a diverse family of faiths, our efforts will be directed towards justice and equality to attain peace for Americans with a firm grounding in commonly held values." added Dr. Mike Ghouse, the executive Director of the organization.

The organization has begun the process of gathering some of the brightest minds from academia, the public sector, intellectuals, activists and futurists to find pluralistic and positive solutions to the problems facing the nation. AMI will strive to be a reliable source of information and advice in dealing with the issues facing us.

America's first Congressmen of the Islamic faith elected to Congress,  Rep. Keith Ellison of Minnesota and Rep. Andre Carson of Indiana, and community leaders across the nation have expressed support for this initiative.  AMI Board Chairman Dr. Aquilur Rahman, AMI President Dr. Islam Siddiqui and AMI Executive Director Mike Ghouse will discuss the initiatives planned to promote peace, harmony and justice at the formal launch of the organization.

 We will continue to make concerted efforts to increase our participation in the civil society and earn our trusted social, political and religious space in the United States.

Ambassador Islam Siddiqui is a former U.S. Under Secretary of Agriculture and Chief U.S. Agricultural Negotiator and was the highest ranking American Muslim in the Clinton and Obama Administrations.

Mike Ghouse is a public speaker, thinker, writer and a TV-Radio commentator on Pluralism, Islam, and Politics and is a human-rights activist committed to building cohesive societies and offers pluralistic solutions on issues of the day.

LIMITED SEATING - If you wish to attend, please send an email to reserve your seat on a first come first serve basis,  we have 10 seats left. Thank you. 

Friday, September 11, 2015

9/11 - My Journey from Chaos to Coherence


This is my personal story of the day and my commitment to 9/11 year after year since 2001. This is the first year in the last 14 years, that I have woken up to 9/11- doing nothing but prayers.  It’s gained over 2 Million reads. 

- I was on Radio for over six hours trying to make sense out of the chaos of that day, trying to bring coherence to the people of Dallas.  I took area Mayors, religious and community leaders live on Radio,  and three things were initiated; Interfaith prayers, blood donations and fund raising.

Unity Day USA was born in 2005 and has continued bringing Americans together to rededicate our pledge to the safety and security of America at  - Just scroll down on the site to see a decade of pictures videos and stories 

In 2013 we held the Unity Day in Florida as a solution to Pastor Terry Jones decision to burn 3000 copies of the Quran.  We are making a documentary and a film about reflecting on Muslim attitudes towards conflicts and American attitudes towards Muslims.  When done, it will be an eye opener.

Full story of Pastor Jones documentary at

Mike Ghouse, Speaker
(214) 325-1916 text/talk

Mike is a speaker, thinker, writer, pluralist, TV-Radio commentator and a human rights activist committed to building cohesive societies and offers pluralistic solutions on issues of the day. His info in 63 links at and writings at  

Saturday, September 5, 2015

The Fantasy Islam of Mike Ghouse by Front Page Magazine

Fantasy Islam is an imaginative construct of Dr. Steve Kirby, and he is no stranger to me.   I was there in the same boat 15 years ago.

I don’t claim to be a scholar, nor do I claim to be an authority on Islam, but I do claim that I have investigated Islam thoroughly, invited criticism, discussed with many, and have found answers. I did not have to choose to be a Muslim, there was no need for me to be one, however, I decided to choose a religion for me and Islam suited me the best for two reasons – I knew and had re-learned a lot about it, and it is an inclusive and pluralistic faith.

I will be responding to the following article by Dr. Kirby, as I have responded before to many such misunderstandings at the site

Meanwhile, review this video Pluralism in Islam.

Mike Ghouse is a motivational speaker committed to building cohesive societies and offers pluralistic solutions on issues of the day. More about him in 63 links at

# # # 

A moderate Muslim's personal version of Islam -- and its curious non-relationship with Islamic doctrine.

Fantasy Islam: A game in which an audience of non-Muslims wish with all their hearts that Islam was a “Religion of Peace,” and a Muslim strives to fulfill that wish by presenting a personal version of Islam that has little foundation in Islamic doctrine.
As I pointed out in an earlier article, "Fantasy Islam" is a popular game among many non-Muslims and so-called “moderate” or “reformist” Muslims.  Mike Mohamed Ghouse appears to be such a Muslim.
Ghouse was born Mohamed Ghouse in India (He adopted the name "Mike" later).  He was raised as a Muslim until he became an atheist in the late 1960s; he returned to Islam in the late 1990s and lives in the United States. Ghouse is a frequent guest commentator on Fox News and syndicated talk radio programs, and he writes for major newspapers. Ghouse also plays Fantasy Islam.
In an article titled "Qur'aan on Apostasy," Ghouse makes the following claim about the punishment for apostasy:
Unfortunately, it is a common belief that 'death' should be the punishment for apostasy. However, the Qur’aan mentions nothing of such punishment, so why should we impose such a cruel and inhumane form of punishment? Are we so insecure about our own religion that if anyone is to leave it we kill them?
But Ghouse is wrong: In 4:89 of the Koran Allah commands Muslims to take hold of those apostates who have left Islam and “kill them wherever you find them.”
And, for the sake of argument, even if it wasn’t in the Koran, death for apostasy is still a part of Islam because that is what Muhammad commanded.  Muhammad said that death was the penalty for a Muslim who left Islam (e.g. Sahih Al-Bukhari, Nos. 6878 and 6923; and Sahih Muslim, No. 1676). Muhammad even specified the nature of that death:
If someone changes his religion - then strike off his head!
Al-Muwatta of Imam Malik ibn Anas, 36.18.15, in a section titled “Judgement on Abandonment of Islam.”
So we see that this "cruel and inhumane form of punishment" for apostasy is well-grounded in Islamic doctrine.
Muslim-Americans 'Uphold' the U.S. Constitution
In an article titled "Muslims are an integral part of American Heritage," Ghouse made the following statement:
As American Muslims we uphold, protect, defend and celebrate the values enshrined in the U.S. constitution.
Islamic doctrine, found in the verses of the Koran and the teachings of Muhammad (the Sunnah), is diametrically opposed to the U.S. Constitution.  Consider just these three amendments to our Constitution:
1st Amendment – Freedom of Religion and Speech: The penalty for a Muslim who wants to leave Islam is death (4:89 and Sunnah).  Non-Muslims are given the option of fighting to the death, converting to Islam, or paying the jizyah (9:5, 9:29, and Sunnah).  Once Allah and Muhammad have decided on a matter, Muslims are not allowed to disagree (33:36, 4:115), and criticism of Muhammad is cursed by Allah and punishable by death (33:57, and Sunnah).
8th Amendment – Cruel and Unusual Punishment Is Prohibited: Islam commands the following punishments: Flogging (24:2), Stoning (Sunnah), Amputation for Theft (5:38 and Sunnah), Beheading (8:12, 47:4, and Sunnah), Crucifixion (5:33), and Cutting-off of Hands and Feet from Opposite Sides for waging war against Islam (5:33).
13th Amendment – Prohibition of Slavery: Slavery, and using captured non-Muslim women as sex slaves ("those whom your right hands possess") is allowed in Islam (e.g. 2:221, 4:3, 4:24, 4:92, 23:6, 24:58, 33:50, and Sunnah).
So just by considering these three amendments, we can see that if Muslim-Americans believe in Islamic doctrine, they cannot "uphold, protect, defend and celebrate the values enshrined" in the Constitution.
The 'Best Way to Understand' the Koran
What is the “best way” to understand the Koran? Ghouse wrote this simple explanation:
The best way to understand Quran [sic] is to remember, "If it is not about justice, mercy and creating harmony", then the translation is wrong.
The immediate response to Ghouse’s statement is to look at the preceding section involving the three Amendments to our Constitution.  There is little justice, mercy and harmony there.
But Ghouse also said that Marmaduke Pickthall’s translation of the Koran, The Meaning of the Glorious Koran, was one of three translations he recommends.  So let’s look for the justice, mercy and harmony in some of the verses from Pickthall’s translation:
  • "Warfare is ordained for you, though it is hateful unto you; but it may happen that ye hate a thing which is good for you, and it may happen that ye love a thing which is bad for you.  Allah knoweth, ye know not." (2:216)
  • "In truth the disbelievers [non-Muslims] are an open enemy to you." (4:101)
  • "O ye who believe!  Take not the Jews and the Christians for friends.  They are friends one to another.  He among you who taketh them for friends is (one) of them.  Lo!  Allah guideth not wrongdoing folk." (5:51)
  • "Then, when the sacred months have passed, slay the idolaters wherever ye find them, and take them (captive), and besiege them, and prepare for them each ambush.  But if they repent and establish worship and pay the poor-due, then leave their way free.  Lo! Allah is Forgiving, Merciful." (9:5)
  • "O Prophet!  Strive against the disbelievers [non-Muslims] and the hypocrites!  Be harsh with them.  Their ultimate abode is hell, a hapless journey’s-end." (9:73)
  • "Lo! those who disbelieve [in Islam], among the People of the Scripture [Jews and Christians] and the idolaters, will abide in fire [sic] of hell.  They are the worst of created beings." (98:6)
There is not a lot of justice, mercy and harmony in these verses from Pickthall’s translation, so according to Ghouse’s standard, he appears to be recommending a translation of the Koran that is “wrong.”
Allah Loves Everybody
In an article titled "Quran is not for Muslims," Ghouse wrote that
God [Allah] is not the God of Muslims and no where he claims that in Quran [sic]…God loves us all, and no one is deprived of his love…
In reality we find that in the Koran Allah states that the only religion acceptable to him is Islam (e.g. 3:19 and 3:85).  And Allah states that Islam is to be made superior over all other religions, even if the non-Muslims don’t like it (e.g. 9:33, 48:28, and 61:9).  Allah curses the Jews and Christians (9:30).  He states that non-Muslims are among the worst of creatures who “will abide in the fire of Hell” (98:6), while Muslims are the best of creatures (3:110 and 98:7).  Non-Muslims are “open enemies” to Muslims (4:101) and Jews are among the worst of those enemies (5:82).  And Allah commands Muslims to be harsh toward non-Muslims (e.g., 8:57, 9:73, 9:123, and 48:29) and to kill those non-Muslims (9:5).
In spite of Ghouse’s claim, and as I noted in more detail in a previous article, Allah is only the god of Islam and the Muslims, and Allah has no love for non-Muslims.
The Ubiquitous 2:62
Chapter 2, verse 62 of the Koran is commonly quoted by Muslim-Americans to indicate that Judaism and Christianity are respected in Islam and the adherents of those two faiths will be rewarded by Allah. Ghouse continues with this theme in the article "Quran is not for Muslims":
[I]f you take care of his creation (neighbor), you need not worry; your rewards are with him. Just to make sure we understand this precisely, he says, whether you are a Jew or a Christian and by corollary other, if you take care of your neighbor, I will take care of you (2:62).
Here is Chapter 2, verse 62
Verily, those who believe and those who are Jews and Christians, and Sabians, whoever believes in Allah and the Last Day and does righteous good deeds shall have their reward with their Lord, on them shall be no fear, nor shall they grieve.
In spite of what Ghouse and other Muslim-Americans claim, this verse only means that Jews and Christians would be rewarded for the good deeds they did before the advent of Islam. After the advent of Islam,righteous good deeds would be accepted by Allah only if they are done by Muslims.  And this verse was actually abrogated by 3:85 which stated that Islam is the only acceptable religion to Allah, and non-Muslims will be “losers” in the Hereafter (e.g. Tafsir Ibn Kathir, Tafsir Al-Qurtubi Vol. 1, and Tafsir Ahsanul-Bayan).
As is common in Fantasy Islam, Ghouse’s personal version of Islam has little, if any, support from Islamic doctrine, and actually often runs counter to that doctrine.  This appears to be of little concern for many in his non-Muslim audience because such personal versions relieve their concerns about Islam and allow them to continue to consider the jihadists as just a fringe group of “radicals” who have “hijacked” and “perverted” the Religion of Peace.  Ignorance, whether willful or not, can be a great anesthesia.  But anesthesia is only temporary and will not alter the world going on around you, and to which you will eventually reawaken.
Dr. Stephen M. Kirby is the author of three books about Islam. His latest is "Islam According to Muhammad, Not Your Neighbor."

Thursday, September 3, 2015

Indian Muslim women prepare the draf ot Indian Muslim Family Act

This is a step in the right direction. God wants nothing but justice for his creation, and the insecure controlling men made up the codes that were not serving justice, particularly when it is about women's rights. 

Mike Ghouse

A Draft Of Indian Muslim Family Act Prepared By Bharatiya Muslim Mahila Andolan

By Dr. Noorjehan Safia Niaz

2 September 2015

Niaz, founder of Bharatiya Muslim Mahila Andolan, an organisation dedicated to the right of Muslim women

Statement of Objects and Reasons 

The Muslim Personal Law (Shariat) Application Act, 1937 was passed to ensure that customary law does not take the place of Muslim Personal Law. However in the absence of a codified law, customary practices which are divergent from the values and principles of the Quran have emerged. New codes have been introduced globally with the hope that they will introduce the rule of law in family matters and end arbitrariness and variances in judicial decisions. In India there is a need to have a comprehensive codified family law to ensure justice within the family. 

This Act, based on the values and principles of the Quran as prescribed in the Quranic verses [Schedule 1], is to consolidate, clarify and codify the provisions of Muslim law and related procedure regarding Muslim marriage, divorce, maintenance during marriage, maintenance after divorce and widowhood, custody and maintenance of children.


1.    Short title and extent 

This Act may be called The Muslim Family Act.    

It extends to the whole of India except the States of Jammu and Kashmir and applies to all Muslim citizens of India.    

It shall come in to force on such date as the Central Government may appoint by notification in the Official Gazette. 

2. Application of the Act

a)  This act applies to all Muslims as per the definition given u/s 1(3)h of the Act. 

b) A marriage solemnized between Muslims before the commencement of this Act, which was otherwise valid, shall not be deemed to be void by reasons rendering the marriage void under this Act. This Act shall have a prospective effect only.

c) Nothing contained in this Act shall be deemed to effect the provisions contained in the Special Marriage Act, 1954 with respect to marriages between Muslims solemnized under that Act, whether before or after the commencement of this Act.

3. Definitions

a) Arbitrators:

Welfare agencies registered under the relevant government Act as well as registered under this Act according to the Rules. 


In any area where there is a city civil court, that court, and in any other area the principal civil court of original jurisdiction and includes any other civil court which may be specified by the State Government, by notification in the Official Gazette, as having jurisdiction in respect of the matters dealt with in this Act. 

c) Halala: 

It is a practice where a woman is made to do a consummated nikaah with another man in order to go back to her former husband.

4) Iddat:

It is a period of waiting for a woman who has been divorced or whose husband has died, upon the expiry of which a remarriage is permissible. In this period no other restrictions are enforceable except marriage and the woman is free to continue with all her activities.

This period is three menstrual courses after the date of divorce, if she is  subject to menstruation

It is three lunar months after her divorce, if she is not subject to menstruation

This period of waiting is 4 months and ten days after the date of death of the husband

iv.   If she is pregnant at the time of the death of her husband, the period extends between the death of the husband and the delivery of her child.

e] Marriage: 

Marriage or Nikah is a solemn pact or mithaq-e-ghaliz’ between a man and a woman, soliciting each other’s life companionship, which in law takes the form of a contract or aqd. [Ref: Section 2 of Muslim Women (Protection of Rights on Divorce) Act, 1986]

f] Maintenance: 

Maintenance includes an entitlement to food, clothing, residence, educational and medical expenses and all other personal expenses of woman according to the lifestyle the parties have enjoyed during their marriage and the economic status of the husband. 

g] Mehr [Ajar]:

  It is the Quranic right constituting a consideration for marriage and meant for the financial security of the bride in terms of a sum of money or other property to be delivered to the bride by the bridegroom at the time of the nikaah as a condition precedent for solemnization of their marriage as specified in the Nikaahnama.

h] Muslim: 

 Any person by birth or by conversion who professes the religion of Islam, in other words accepts the unity of God and the prophetic character of Mohammed. [Ref: Amir Ali] 

i] Nikaahnama [Mithaq]: 

The enforceable written marriage contract wherein the consent of the parties and other terms and conditions of marriage are stipulated and signed by both parties, qazi as well as four witnesses, two from each party of either sex. [Nikaahnama annexed in Schedule 2 of this Act] 


j] Prohibited Degrees: 

Degrees of prohibited relationship as specified within which marriage is not permissible. [List of prohibited relationships annexed in Schedule 3 of this Act] 

k] Registered Qazi:

Qazi of either sex undergone training in Islamic law by a registered organization and registered under this Act as per the Rules.

l] Unsound Mind: 

A person of unsound mind is an adult who from infirmity of mind is incapable of managing himself or his affairs. [Ref: Black’s Law Dictionary] 

m] Witness:

 Adults of either sex with address and identity proof.

4.  Overriding effect of Act 

The Shariat Application Act, 1937, The Dissolution of Muslim Marriage Act, 1939 and Muslim Women’s Protection Act, 1986 continue to apply to the Muslim community except those provisions which are in contravention of the provisions of this Act. The same have been incorporated in this Act in Schedule 4. Any other provision of uncodifed shariah law which is in contravention to the provisions of this law hereby stands cancelled. 

The Muslim women will continue to take advantage of the other laws of the land like the Dowry Prohibition Act of 1961, Protection of Women from Domestic Violence Act of 2005, Juvenile Justice [Care and Protection of Children] Act of 2000, Prohibit of Child Marriage Act of 2006 and other laws as deemed fit.  


1.  Conditions relating to solemnization of Muslim marriage 

Notwithstanding anything contained in any other law for the time being in force relating to the  solemnization of marriages, a marriage between any two Muslims as defined u/s 1(3)h of this Act, may be solemnized under this Act, if at the time of the marriage the following conditions are fulfilled, namely: 

 Every marriage solemnized under this Act shall include payment of Mehr as defined u/s I(3)g and as specified u/s II(4) of this Act. 

Express and unambiguous consent of both parties is necessary before a marriage contract becomes valid. This consent must have been obtained without undue influence, coercion and fraud.  

The bridegroom has completed the age of twenty-one years and the bride has completed the age of eighteen years authenticated from reliable proofs or records of the date of birth.                                             

The parties are not within the degrees of prohibited relationship as mentioned in Schedule 3 of this Act 

In the subsistence of one marriage a man cannot marry another woman.

2. Procedure for solemnization of Muslim marriage

a)  For the solemnization of the marriage, the parties have to approach a qazi as defined u/s I(3)k of the Act. 

b)  The parties have to send a letter of application to a qazi 30 days before the date of solemnization where either bride or groom is residing for the last 30 days.

c)  The procedure of solemnization would include ijaab [proposal of the marriage] and qubool [acceptance of the proposal]. Both the proceedings of ijaab and qubool must happen in the same sitting in the presence of witnesses as defined u/s I(3)m of this Act and the qazi as defined u/s I(3)k of this Act. 

e) Nikaahnama as specified u/s I(3)i of this Act must be filled up and original, true copies of the same is to be provided to the parties. 

3. Responsibilities of the Qazi

a)  The said qazi shall ensure that both parties have fulfilled the conditions specified u/s II (1) a to e of this Act.

b)  The said qazi shall demand from both parties’ authentic proofs pertaining to dates of birth and their place of residence and retain copies of the same after having them personally authenticated.  

c) The Qazi must ensure that the bride knows and consents to marry the bridegroom if his previous wife has been divorced or deceased and has children from the said marriage. 

d)  The qazi solemnizes the said marriage by filling up the nikaahnama as annexed in Schedule 2 of this Act. The Nikaah-nama shall be signed by the said Qazi, the contracting parties and two witnesses present at the time of marriage. 

A copy of the certified nikaahnama shall be a conclusive proof of the solemnization of that marriage. 

The qazi shall maintain a proper record of the marriage and give duly certified true copies of the nikahnama to both the parties.

A qazi as defined u/s I(3)k can act as an Arbitrator if it is also registered under this Act as an Arbitrator

The qazi must ensure that the parties submit the divorce papers of previous marriage if divorced and death certificate in case of the death of the previous spouse. In case where the party is marrying for the first time, it must submit to the qazi affidavit stating that it is his/her first marriage.  

4. Mehr 

The minimum amount of mehr shall not be less than his one full annual income which could be his income from property, business, agricultural or commercial land and salary. It can be given either in cash/gold/kind.

If income/salary cannot be determined then the mehr can be fixed based on the minimum wages of his occupation where he is residing. 

The mehr must be prompt and must be paid to the bride at the time of the marriage.  

The mehr is the wife’s exclusive property to be used by her at her absolute discretion without any manner of interference from parents and relatives of both parties.   

The wife cannot be forced or compelled or emotionally pressurized to forego/return the mehr anytime during the subsistence of marriage or after divorce or widowhood. 

The groom/husband and his family cannot demand dowry nor can they casually and innocently express their desire for dowry before or during the subsistence of marriage. 


5. Registration of Muslim Marriages 

Immediately on solemnization of the marriage as specified in Section II (2) a - d of the Act, the signed nikaahnama should be registered by the parties at the local state bodies like the Panchayat, Block Office, District office, Ward Office or Marriage Registrar Office under the relevant marriage registration Act.  

The parties must ensure that they each have true, original copies of the registration certificate. 

6) Responsibility of the Witness:

The witnesses must sign the relevant documents and ensure that the party to which they are supporting as witness must have the relevant documents, which is;

Death certificate if the spouse of the party has died

Divorce papers if the party has been divorced

Whether the party they are supporting is previously married.


1. Irregular Marriage (Fasid Nikaah)

Any marriage solemnized shall be considered irregular:        

If two adult witnesses as defined u/s I(3)m are not present at the time of nikaah. 

If the marriage has been solemnized during the period of iddat   

 If the marriage has been solemnized without the qazi as defined u/s I(3)k of this Act

If the marriage is not registered as mentioned u/s II(5) a and b of this Act 

If the amount of Mehr as specified u/s II(4) of this Act is not paid. 

2. Regularization of Irregular marriage 

a)  All marriages termed irregular u/s III(1) of this Act can be regularized within one year of the solemnization of marriage. The rights of women and children accruing from the said marriage are not affected if the marriage is not regularized. The regularization process would include: 

Approaching a qazi as defined u/s I(3)k along with witnesses as defined u/s I(3)m and attaching affidavits from all witnesses affirming the said marriage. 

Approaching a qazi as defined u/s I(3)k after which the parties will give an affidavit stating that the period of iddat is over deeming their marital status legal under this act. 

Approaching a qazi as defined u/s I(3)k and resolumnise the marriage with a fresh nikhanama

The parties themselves should take their filled up nikhanama along with an affidavit and register it with the authority specified u/s II(5).

The marriage can be regularized by paying the promised amount of mehr as u/s II (4) of this Act. 


Any marriage solemnized under this Act shall be an invalid marriage:  

If the consent of either party to the marriage contract has been obtained by force, coercion, undue influence or fraud.

If the bride and groom are within the prohibited degrees as specified in Schedule 3 of the Act. 

If the bride and groom have not completed 18 and 21 years of age respectively

If the husband has entered into another marital contract in the subsistence of a marriage contract, the second marriage will be an invalid marriage. 


2. Grounds for decree for dissolution of marriage. A woman married under Muslim law shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grounds, namely:

That the whereabouts of the husband have not been known for a period of four years;

 (ii) That the husband has neglected or has failed to provide for her maintenance for a period of two years;

(iii) That the husband has been sentenced to imprisonment for a period of seven years or upwards;

(iv) That the husband has failed to perform, without reasonable cause, his marital obligations for a period of three years;

(v)  That the husband was impotent at the time of the marriage and continues to be so;

(vi) That the husband has been insane for a period of two years or is suffering from leprosy or a virulent venereal disease;

(vii) That the husband treats her with cruelty, that is to say,

(a) Habitually assaults her or makes her life miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment, or

(b) Associates with women of evil repute or leads an infamous life, or

(c) Attempts to force her to lead an immoral life, or

(d) Disposes of her property or prevents her exercising her legal rights over it, or

(e) Obstructs her in the observance of her religious profession or practice, or


The Act recognizes 3 forms of separation between husband and wife:

Demand for divorce by wife [Khula/faskh] 

Demand for divorce by husband [Talaak]

Divorce by mutual consent [Mubarah]

In the event mentioned in VI (1) a and b, the party demanding divorce will follow the Talaak-e-Ahsan method of divorce as annexed in Schedule 5 of the Act. In the event of Khula the wife has the right of divorce if she is certain that she cannot stay with her husband for fear of physical and/or emotional harm. The demand of khula by wife is not dependent on the consent of the husband. The Arbitrators can terminate the marriage in the absence of consent of the husband in case of khula [faskh-e-nikaah]. 

The four steps thus mentioned also signify restitution of conjugal rights. 

In the event of divorce by mutual consent i.e. mubarah; 

Both the parties to the marriage present a joint application to the Arbitrators as defined u/s 1(3)a for the dissolution of their marriage on the ground that they have mutually agreed that the marriage should be dissolved. 

After the joint application is submitted, the period of iddah follows. After 3 months or 3 monthly courses the divorce is finalized before the Arbitrators. Since this Iddat period is required to ensure absence of pregnancy, Arbitrators may consider allowing medical test for verification or absence of pregnancy.

The Arbitrators have to ensure that the rights of women are ensured in the event of mubarah.  

Original copies of the divorce document must be provided to both the parties. 

Divorce given by any other method other than those given above, is an invalid method of divorce. 

The practice of halala as defined u/s 1(3)c is an offence. 

The practice of muta marriage [temporary marriage] is an offence. 

Notwithstanding that a marriage is invalid or irregular any child of such marriage shall be deemed to be legitimate under this Act. 


Maintenance during Marriage and Widowhood: 

Maintenance as per u/s I(3)f of this Act, includes an entitlement to food, clothing, residence, educational and medical expenses and all other personal expenses of wife. 

The responsibility of maintaining the wife and children, even if she has an independent source of income is with the husband. 

During the process of arbitration, the maintenance of the wife and children will be the responsibility of the husband. 

During the subsistence of the marriage, if the custody of the child is with the mother then the responsibility of maintenance of the child is with the husband. 

Procedure for obtaining maintenance from the husband during the subsistence of marriage is the same as enlisted in Section 126 of the Code of Criminal Procedure, 1908. 

The widow has a right to maintenance and right to stay in matrimonial home. 

Maintenance during iddat period is the same as that provided

2)  Duties and Responsibilities of the Arbitrators: 

The Arbitrators can arbitrate on all matters mentioned in this Act. 

The Arbitrators must follow the rule of giving both the sides a chance to be heard. 

The Arbitrators are mandated to keep a record of all proceedings during this process as well as a record of all decisions taken. 

In case of a divorce, the Arbitrators should safeguard the rights of the women by listing them out on the divorce document and give true, original copy of the same to both the parties. 

This decree is then binding on both parties to the dispute. 

After following the principles of natural justice, a just and fair decision should be made by the Arbitrators on all matters mentioned in the Act. 

                                        X. INHERITANCE

Notes on Inheritance 

A person must make a will for its family and relatives. There is no restriction that the will has to be only 1/3rd of the value of the property. There is no mention of 1/3rd division in the Quran. 

The distribution of Quranic parts come after making of the will and clearing of debts and in case the property owners die without making a will. 

Quranic verses 4:11, 4:12 which gives division after making wills and clearing debts. 

Son gets more than the daughter only from residual left over and above the will and debt. This division where daughter gets half than son is relationship based and not gender based. In other divisions there is no difference in the share between man and woman. In order to make the daughter get equal share in the parent’s property the parents can make a gift-will to their daughter. 

The logic of wills in Islam is that the owner of the property decides what he/she wants to do with his/her property

The grandson or granddaughter must inherit from the grand father/grandmother in case of the death of the intervening son

The wife has right to receive part of husband’s property (the Qur’an 2: 240), and an additional specified share in lieu of her housework contributing to the conjugal home and property creation. 

The portions mentioned below are to be allotted only after making a will and clearing debts. 

The brother will have that share which two sisters would get. If there are only sisters and more than two then they will have two thirds of what is inherited. If there is only one sister, then she will have one half. To equalize the daughters share with the son, the parents must make a gift-deed or HIBA for their daughters so that all off-springs get equal share of the parents property. 

If a man has children then his each parent inherits one sixth of his property. If he has no children and his parents are the heirs, then to his mother is one third; 

If he has siblings then to his mother is one sixth. 

For a man it is half of what his wife leaves if they have no children. 

If they have a child then to the husband is one quarter of what his wife leaves behind. 

To the wife is one quarter of what the husband leaves behind if they have no child. 

If they have child then the wife gets one eighth of what husband leaves behind. 

If a man or a woman has no one, but has a brother or sister, then to each one of them is one sixth, but if they are more than this then they are to share in one third.

These shares are applicable only after a will is carried through or after clearing debts if any. 

Schedule 1: Quranic Verses

Schedule 2: Nikaahnama

Schedule 3: Prohibited Degrees

Schedule 4: 1937, 1939 and 1986 Acts [can be obtained from the web]

Schedule 5: Talaak-e-Ahsan method

Dr. Noorjehan Safia Niaz is Co-Founder, Bharatiya Muslim Mahila Andolan and Founder and Managing Trustee of Ashana Trust as well as Ashoka Fellow