WHAT DO MUSLIM WOMEN WANT VIS-À-VIS POLYGAMY

 

WHAT DO MUSLIM WOMEN WANT VIS-À-VIS POLYGAMY

Dr. Noorjehan Safia Niaz

 

In the report published by BMMA, ‘Status of Women in Polygamous Marriage and the Need for Legal Protection’, Muslim women have in their own words given a piece of advice to Muslim men, to religious groups and to the larger community. One of the respondents in the study says, a woman gives her whole life to her husband but husband does not respect her. A woman lives with this fear all the time that her husband may leave her and that she has no control over him. Men give the example of the Prophet and they think they know everything about Islam. But their behavior betrays their ignorance about their own religion. Change is part of the society then why is change not possible for women? Why is she still subjected to archaic traditions and laws which harm not just a woman but entire families and consequently the community and nation.

 

If men are not able to take care of a woman then why do they need so many wives? This is the refrain of most of the women. Women don’t land up marrying as soon as her husband leaves her. Does she not have her needs or is it that only men have needs and they need to be fulfilled at the first go. Men only misuse polygamy and cheat women. There is no need for polygamy in today’s situation. A husband is not able to take responsibility of one wife and children. Then where is the need for another wife and take on a burden which they cannot handle. How can one neglect ones wife and children who are loving you and are dependent on you? How can she be forced to share her life with some one? A lot of duties are assigned to men in Islam. But they are not ready to fulfil it. They use polygamy and ignore and harass the children. This is the worst of practice. It is against Islam. Men should marry once and not destroy women’s life. They should have one wife and take care of the family properly. They are asking Muslim men to read the Quran and try to understand what it is trying to say about polygamy.

 

Mei musalmano mardo se kehna chati hoo ki kisiki majbori ka fayda mat utho apne paiso ke bal per. Un garib logo ke bacho ko padhao aur insaan banao. ‘I would like to tell Muslim men that they should not take advantage of someone’s helplessness just because they have money. Educate the children of the poor and help them turn into decent humans’.

 

Women ask Muslim men to not cheat their wives. One woman whose husband wanted an educated wife and she was not, says, if he wanted an educated wife then he should have married an educated wife. Why cheat her? To sum up, the relationship between men and women appears at an all-time low when one victim says, ‘Never to trust men. They can change anytime!’

 

In Tamil Nadu the women shared that the Jamaats, group of men who believe they know religion better than others, also justify polygamy. They say both women can stay together and while saying this they completely ignore the personal feelings of both women. They support polygamy and destroy the peace of the family. Such Jamaats must put some conditions on men. They must verify all claims and have all relevant documents of the men with them. Muslim women cannot go to the court or police station always. She requests Jamaat leaders to lead the society as per Quran and ensure justice. In istema, waz, kutba [religious congregations and announcements] the religious leaders must give right advice regarding marriage and divorce. They should not give space for men to desert their wife and children.

 

Main kahna chahti hoon ki mere shauhar ko sazaa milni chahiye.’ ‘I want to say that my husband should be punished.’ Overwhelmingly the women want the state to intervene. It is the state’s responsibility to reform the law as per the Quranic rights of women and to stop violence against them. If the leaders do not listen to women, where is the space for women to voice her concerns? The police also tell the woman to go to the Jamaat for any marital dispute but the Jamaat does not listen to the woman.

 

Muslim women say, ‘polygamy should be banned so that lives of women like me and the lives of our children are not spoiled.’ They want the government to put a stop to this practice. There should be a law for monogamy. If he remarries then he should be punished because a woman’s entire life is in trouble. There must be strict laws regarding second marriage. Each woman must get her rights and it is the responsibility of the government.

 

One woman says, ‘What happened with me was wrong. There should be restriction on it. Otherwise women will loose trust over the institution of marriage. Polygamy must be abolished. Not just the husband but whoever is making him do this marriage, must also be punished’. The government must monitor the system and reform laws to save women and children suffering from polygamy.

 

To the larger Muslim community, the respondents of the Study say, women should be given space to express her feelings and her concerns about her future life. Nobody really cares for her. She needs to be given confidence by the society, by the community. She needs to be empowered. If the husband wants to remarry then he must compensate the woman. Where will she go? We are so far away from the court and the government. We need to change ourselves.

Muslim community needs to understand a woman’s soul. Only when they feel her problem, then only the community, government and everyone will come forward to change.

 

Is the community ready to listen to our voice? All suggestions are for women but nobody says anything to the men. This attitude of the community is the problem. We need law but who respects that? What men do becomes a law. Our community elders need to think this, we need strict rules – but are they ready to change?

 

Women in Tamil Nadu say that the larger community must intervene and tell the Jamaat to work in the favour of victims. Muslim community must follow the Quran and legal rights of women to avoid this situation of first wife and children in the name of polygamy. The community must share information about Quranic rights with women and take steps to reform the law in favour of women. They must not harass the women in the name of polygamy.

‘I request the government and the community that each girl should get her rights.’

 See the full report:

https://notionpress.com/read/status-of-women-in-polygamous-marriages-and-need-for-legal-protection

 

 

 

 

SOCIO-ECONOMIC STATUS OF WOMEN IN POLYGAMY

 

SOCIO-ECONOMIC STATUS OF WOMEN IN POLYGAMY

Dr. Noorjehan Safia Niaz

 

A lot of justification is given by the advocates of polygamy that if the second marriage remains legal then the first wife still continues to have and retain all her financial rights. Both wives get the benefit of being financially supported by the husband. But lived reality of women, especially from the lower socio-economic strata turned worse after the husband remarried. There is no hidden psychology or some fantastic economic theory. It means that the husband acts irresponsibly and simply stops supporting his first wife and children. Simply stops. And given how expensive and lethargic our judicial system is, no women dares to approach the court for economic sustenance. A large swathe of poor women simply work even more harder to survive with now additional responsibility of the children.

 

Let’s look at some case studies highlighted in BMMA’s ‘Status of Women in Polygamous Marriage and the Need for Legal Protection’, published in December 2022 by Notion Press.

 

In Karnataka two women were above the age of 60 and for many years they had struggled after their husbands married another woman and abandoned them. They have grown up children now. For instance Maktumbee, age 62, had 3 children – 2 daughters and 1 son. They were all married and they lived separately with their families.

 

Kamrun bi, 65, worked as a house cleaner. She had one daughter who died after her marriage. Her husband had HIV and her daughter also had HIV. So her daughter, her husband and their daughter all died. She had another daughter who lived with Kamrunbi. The rest of the women are all within the age of 46. Zarina from Mumbai is youngest. She is 23 years of age.

 

All of them had children to manage. Roshan from Karnataka had 2 children. Her daughter, 17, was studying in class 12 and son, 20, was working in a mobile shop. Ayesha from Mumbai had 4 sons. Saira in Mumbai and Maimoona Khatoon from Odisha had one child each. Naazmabanu from Odisha has 3 children.

 

Noorjehan Shaikh from Mumbai belonged to a poor family. Father was unemployed and mother worked as a domestic help. She had 3 sisters and 2 brothers. She was uneducated and because she was the eldest she had to look after her younger siblings. She also started working as a domestic help. Saira from Mumbai is from Gonda District of UP. They were 4 sisters and one brother. Parents were very poor. Saira studied only till class 7. She was married to Yusuf at the age of 14. Yusuf was 18 years of age. Arzoo from MP has three sisters. Her father worked as a labourer.

 

Roshan’s husband worked in a mechanic shop. Yusuf, Saira’s husband worked in a hair salon and earned well. Noorjehan from Mumbai and Rubina from MP are uneducated and Noorjehan worked as a domestic help. Rabiya from MP also worked as a domestic worker and earned Rs. 1200. She studied till 8th class. Maimoona from Odisha also was a domestic help studied only till class 3. Zarina from MP, the youngest in the profile studied till 10th class and did not have any source of income. Aarzoo from MP also studied till 10th and earned 1500/ by doing basic stitching work. Nazma Banu from Odisha studied till the 7th class. She is a widow now and has 3 children.

 

Let us look at some numbers to understand the gravity of the situation. Most of them have been married young mostly below the age of 18. Rubina from MP was married at the age of 16, Saira from Mumbai at the age of 14. 29% girls [ who are 1st wives] and 18% [ who are 2nd wives] were married below the age of 18. Combined figures show that 47% were not even 18 before they got married.

 

71% second wives were dropout below class 10, 20% illiterate, 4% graduate and 77% first wives were dropout below class 10, 11% up to class 10, 7% graduate, 1% PG. Even we take just the first figures without combining any numbers, 71-77% were below class 10.

 

42% first wives had no income at all; 40% had an income of below Rs 1000. Here if we combine then 82% had barely any money to survive. Same goes with the second wife. 45% second wives had no income at all; 34% had an income of below Rs 1000. Combined figures show that 79% bared managed.

 

Giving credit where it is due, 40% of the husbands provide first wife’s monthly maintenance, but 47% do not provide monthly maintenance and 13% husbands provide monthly maintenance irregularly. If we put the figures together then 60% of the women find themselves in a financially bleaker situation than they were before the husband remarried. This is also validated from the fact that 44% of women started working after the husband remarried.

 

Let us the see the housing status. A big number, 41% moved to their parent’s house, 14% lived on their own in a rented house and 10% lived in a new house provided by their husband. If we put the numbers together then 65% were displaced from their homes after the husband remarried.

 

TO SUM UP

 

47% were married below the age of 18, 77% had not even cleared their SSC, 82% of first wives and 79% of second wives barely survive with meagre or no income,  60% of first wives become financially weaker after husband’s remarriage and 65% were displaced from their homes. Moreover 45% women said they are tolerating the second marriage because they have no other option and they are concerned about their children.

 

The claim that polygamy is financially better for the wives than monogamy are living in a liar’s paradise.

 

See the full report:

https://notionpress.com/read/status-of-women-in-polygamous-marriages-and-need-for-legal-protection

 

REASONS MEN AND HIS FAMILY GIVE TO JUSTIFY POLYGAMY

 

REASONS MEN AND HIS FAMILY GIVE TO JUSTIFY POLYGAMY

Dr. Noorjehan Safia Niaz

 

If polygamy was not so hurtful, it would be a fascinating insight into the human psyche. Look below at some of the reasons given by the husband and his family to justify polygamy. Patriarchy remains an overarching reason, but greed, insensitivity, inhumanness, selfishness, greed, ego, immorality and many more of such human frailties surface.

 

A study done by BMMA, 'Status of Women in Polygamous Marriages and the Need for Legal Protection, published by Notion Press in December 2022, revealed some of these frailties through the eyes of the victim/survivor. Women who suffer polygamy tend to be in a state of shock initially but soon gather themselves to witness the most basest human emotion - crass, uncaring and immoral. They enter the marital relationship in vulnerability and remain in it as polygamy remains one of the reasons for that vulnerability.

 

This study brought out the reasons why a man gets into another marriage in the subsistance of his first marriage. It also brought forth justifications given by the husband's family to cover up for the act of their son. In most cases as expected the in-laws of the victim supported their son. In most cases they also knew that their son has remarried. In fact in one instance they blamed the woman for signing a letter which was actually a permission for his remarriage. In another instance they said wife must bear the violence and insults and if she does not then the husband will marry.

 

In one case she was beaten up by her husband and made to run away from his house. Depressed and dejected she came back to her in-laws. They told her that they cannot do anything about this and that she should take her children and go away wherever she can. That they have now nothing to do with her. When she refused to leave the house, they beat her up so much that she lost consciousness.

 

In one instance the parents of the daughter confronted the in-laws. Her in-laws told them that they cannot keep their daughter as they have decided to marry off their son somewhere else. Her mother asked them what her daughter’s fault was. They said their daughter is barren. Who will carry the name of their son? They asked her mother to leave. They said why can’t we marry our son again? We will get him married the third time. Her mother cried but nothing moved them. They came back home and after two days her belongings also came back. In another instance they said they cannot afford to bear her and her children’s expenses.

 

In Mumbai the victims says her in-laws had anyways not accepted her. So she was not welcome there. They called her son also illegitimate. That is why they married him off so that she cannot come to their house. In another case too in- laws did not like her. They never supported her. For them she did not exist at all. The second wife was as per their wishes. She was also poor and did not have anyone to speak on her behalf.

 

In another case her in-laws refused to give her share of the property where she was staying with her children. When the will was made her name was missing. They said as long as we are staying in this house, she will also have to stay there. So her husband left her and her in-laws did not give her the share in the matrimonial home.

 

In Odisha the victim checked with her mother in law who confirmed that her son has remarried. She said ‘so what if he has not divorced her. He is keeping you happy. He has married you so that you can give a child’.

 

In another family, only her elder brother in law was angry with his brother but the rest of the family said shariah allows 4 marriages. So what if he has remarried they asked. Another victim says her in-laws favoured their son. They said he disliked her and so he remarried. What is wrong with that?

 

In Tamil Nadu his parents said that he never took care of them nor listened to them. He does not even stay with them. They were not aware of his second marriage. They said she is the first person to tell her about their son’s remarriage and that they too are shocked. It is not their fault and they are not responsible for it. In another case her in-laws were under the control of their son. They could not do anything for her.

 

Now let us look at some of the reasons given by the husband justifying his second marriage. Men have remarried because they have fallen in love with another woman. In one case in Odisha the man warned his first wife that if he does not give him permission to remarry he will divorce her and then remarry. To which she relented and gave permission. In Karnataka one man says he is in love with a widow. The larger society calls her a prostitute so he wants to marry her. He also loves her and she believes in him and is dependent on him so how can he leave her.

 

One marriage as per his liking and one marriage as per the liking of the parents. How convenient is that! In Mumbai the husband’s parents did not like her and so made their son marry another woman as per their choice. He came to her after a month and told her that he was forced into marriage by his parents. They said if did not marry as per their choice they would not give him his share of the property. He was forced into marriage. She forgave him because she did not have a choice. In a reverse case the husband blames her parents for his second marriage. He did not get enough dowry from them so he harassed and beat her up and remarried

 

Marriage in our country, does it even go beyond looks and physical characteristics! In Madhya Pradesh one man said that he remarried because he does not like her and that she is thin and dark. Another woman was dark and short and he wanted to marry someone of his choice. Another said he hates her because she is short and that she does not have knowledge and not mentally grown. Another said that she is not fit for him.

 

In Karnataka one man say he tortures and beats her up because that is his right as a husband. And he beats her up because she wants to go to her parents’ house every time and he does not like her attitude. Since she anyway faces his violence, it is ok if he remarries. Going off to mother’s house is another man’s complaint and the reason for his remarriage.

 

Let us look at some statistics. Out of the 250 women interviewed for the study, 35% of the husbands gave the reason that they fell in love with someone else, 11% gave the reason of not having children, 11% were not happy with her body [too dark, too fat, too thin etc.], 6% said they remarried to support a widow or divorcee, 12% said their parents asked them to, 4% said their wives were bed-ridden, 10% blamed their first wives and 6% remarried because they wanted a son.

 

BMMA has been demanding a comprehensively codified family law, but till such time, although piecemeal, polygamy must end legally so that Muslim women have legal protection and Muslim men realize that they cannot remain above the law all the time.

 

See the full report:

https://notionpress.com/read/status-of-women-in-polygamous-marriages-and-need-for-legal-protection

THE HOW, WHEN, WHERE OF POLYGAMY

 

THE HOW, WHEN, WHERE OF POLYGAMY

Dr. Noorjehan Safia Niaz

 

For many reasons, this short study of 250 Muslim women is interesting as it throws up facts which so far have not been documented. One of the questions asked to the respondent was: How did she come to know about her husband’s remarriage? Given below are the answers, throwing light on the fragility of human morality and the questions about ethics in human transactions.

 

In one instance the wife came to know about her husband’s marriage from his friend who tried to justify by saying that he loves the other woman. He even cajoled her into giving him the permission to remarry which of course he was not waiting for. He remarried anyway. He even said he will get over the new woman and come back to her. (aurat rahe so utne din rahti uske baad o chali jaati). Her husband had multiple affairs and was never loyal to her. After marriage the quarrels increased but she did not inform her parents. He left her eventually and stayed with the other woman.

 

Violence is common amongst most of the victims of polygamy, whether the marriage is of their choice or the choice of their parents. In one instance which was a love marriage, the violence was so much that she lost both her children in her womb. Her in-laws were good and even castigate their son about his violent ways. He did not listen and remarried saying that he did not like her and that she is too thin and dark.

 

Another instance of love marriage in Mumbai where after 4 months of courtship they decided to get married. He did not inform his parents. They stayed separately as his parents were against the marriage. Initial days her husband was good to her but as pressure from his parents increased he stopped coming to meet her. After 2 years under the pressure and influence of his family he married another woman. They had chosen the girl for him. She was staying with them. After one month he told his first wife that he has remarried. Where did all the love go? It could not withstand parental pressures.

 

In one case both the first and second wives were cheated. Each did not know about the other. In this case the first wife faced a lot of violence. He was always drunk and violent. And he remarried when their daughter was 6 years of age. His second wife was also very poor. With a small child she could not have stayed alone. So she compromised on the issue of his marriage. Now both stay separately. Husbands don’t even consider pregnancy. In one instance, the husband remarried when his wife was pregnant. Even after a happy beginning the husband finds some reason for second marriage.

 

In another instance, woman and her husband were happy. He worked as a hawker. They were poor but happy. They had 4 children, one out of which was physically challenged. One fine day her started to act difficult. He did not talk to her properly. When she would talk to him he would say he has nothing to do with her. After some days he stopped coming home. When she checked she came to know that he married a girl. He was staying with her.

 

Another woman’s parents were happy at the time of her marriage as her marriage was happening very late. In turned out that because she could not conceive her husband was made to remarry. Her husband and her in-laws were very hot tempered. They kept telling her that he will be married off since she cannot conceive. She lost one child when it was just 3 months old. Out of fear she did all household work. She would not even to go her parent’s home out of this fear that if she goes then he might not come to take her back. After some days he said talaak thrice and threw her out of the house. After a month he remarried. He did not give her any maintenance. She did not even get her mehr back.

 

In one instance her husband got into a relationship with a woman. He would meet her. And they got close. After 20 years of marriage he remarried. On the other hand, another woman’s husband married after five months of her marriage. His parents made him marry another woman. He married his cousin. They did not inform her nor took her permission. She came to know from others about his marriage.

 

A victim in Odisha used to stay in a slum and did domestic work. She was very poor. Because of poverty she could not study. She got a proposal for marriage from a big family and they liked her. Her parents said yes because they thought their daughter would be happy. He had said that he had divorced his first wife. The reason he married her was because he did not have children from the first marriage. After marriage she came to know that her husband had not divorced his first wife. He used to go to her also.

 

Another respondent shared that she was married at the age of 17. They had money and a good house. Since she lost her father early, her family expenses were managed by her brother. After marriage she came to know that her husband’s character was not good. He was a drunkard and of loose character. His family never told him anything because he bore all the expenses of the family. She told this to her mother but she said everything will be alright. She said, ‘do you want to come back and listen to the taunts of your Bhabhi [sister-in-law]?’ She had a daughter after 3 years of marriage and life went on.

 

Another victim shares that her husband asked her to learn English so that he can tell others that he has an educated wife. On the floor below stayed a teacher who taught English in school. She asked her to teach her English. Her husband fell in love with this English teacher. They met secretly. She suspected something and they fought over it. One night she did not sleep and kept an eye on him. She followed him to the terrace at 4 in the morning. She went behind him and started screaming loudly and gathered everyone as soon as she saw him with the English teacher.

 

A victim in Tamil Nadu came to know about her husband’s second marriage through her neighbor. They said it is not the case that your husband has gone to another city for work, he has gone there to remarry. Another victim from Tamil Nadu was returning from a family function when she saw him with his second wife. She was shocked to see him directly.

 

In another instance, her husband had already married another woman without informing her. One day he got angry and said that he hates her and that he will marry another woman. Then he took her to dargah by train. In the middle of the journey he went somewhere. She kept searching for him. But she realized that he had left her alone in the train. She did not have a single paisa on her. She approached a TC and cried. He was kind enough to make her sit with passengers of her village and she went back with them.

 

In all cases the common emotion was they felt cheated when they first came to know of his marriage. One of them said, ‘Mere pairon tale zameen khisak gayee’. ‘ I felt as if the ground below me gave way’. Only in one case it was the husband who informed his wife about his second marriage. In another case it was her brother. But in most cases it was either the neighbours, relatives, his friends.

 

To end with numbers, out of the 250 respondents, only 23% informed the wife about their second marriage. A large number, 72% came to know through family or external sources like neighbours or friends. And 90% said their permission was not sought.

 

See the full report:

https://notionpress.com/read/status-of-women-in-polygamous-marriages-and-need-for-legal-protection

PHYSICAL AND PSYCHOLOGICAL IMPACT OF POLYGAMY ON WOMEN

 

PHYSICAL AND PSYCHOLOGICAL IMPACT OF POLYGAMY ON WOMEN

Sometimes it would stand to help men understand why polygamy is a problem with women. The norms of formal equality can be applied while asking men: how would they feel and what would they think if their wife takes on another husband while still retaining him as her husband? We can ask them to set aside their male ego for a moment, although that would be so difficult for them, and choose to for a moment think and feel as a human being and know how it feels to have one’s wife have another husband. Add to this the simmering male ego which infused with patriarcy cannot accept any one partnering with his wife.

Let us also ask men: What does marriage mean to them? Sexual relationship and procreation? Satisfaction of sexual desires? Continuation of family lineage? Do men look at marital relationships as a means for self growth, as a means to life long or for as long as it lasts, camaraderie and friendship and companionship? Do they look at it as a healthy partnership of two equals? Does equality figure in the relationship at all or is it unquestionably hierarchical? Do they even think about the impact of their decision on the wife? Is she important enough for him? Hoping some men would speak up and share their thoughts on the above questions.

In the meanwhile, Muslim women have spoken up against the practice of polygamy. In a study done by BMMA released through Notion Press in December 2022, titled, 'Status of Women in Polygamous Marriage and Need for Legal Protection', Muslim women share their experiences when their husband took on another wife. Amongst the many findings, this article focusses on the impact of polygamy on the physical and emotional health of the wife. This has largely never been the focus of studies which delve on law reforms. There is so much emphasis on why legal protection is important that researchers forget that the subject of our research are human beings who think and feel. And how absense of law is not just a socio/legal issue but also a human issue, issue of a thinking, feeling individual. When husband remarries, maintenance, food, shelter are not her only concerns. She also takes that remarriage as an affront to her dignity and self-respect.

Respondents of the above study reported physical symptoms after the marriage of their husband. They said they remained sick all the time. Many reported constant headaches and pain in the eye due to stress. They felt giddy and weak all the time. Many experienced hypertention and kept falling ill with one or the other ailment. They lost interest in work, in their life, in all that is happening around them. They were not able to take good care of their children. They lost sleep for days on end. Inability to sleep, getting up late, missing work, missing children's school and continuing to feel heavy and listless through the day. One woman reported losing her colour and becoming a darker shade of herself. One developed brain tumour due to excessive thinking and another ulcers. Sometimes medicines worked but most times they did not. Women reported lose of appetite. Thus most women reported falling ill, feeling weak, loss of sleep and losing appetite and general loss of interest.

The survivors of polygamy underwent emotional upheavals and mental turbulence. One wanted to die, one wanted to commit suicide and another wanted to punish herself. One lost consciousness when she heard about her husband's second marriage. Thereafter there is constant worry affecting her physical and mental health. Another survivor says that when she heard about her husband's remarriage she could not believe it. She had trusted him completely and that trust was broken, shattering her completely, sending her in a state of shock and numbness. Women reported feelings of loss of confidence. They started to stay aloof. One victim said,' I was like a mad person'. Loss of self-esteem happens when she is blamed for her husband's remarriage. Not just family but even neighbours feel entitled to blame her for not being capable of keeping her husband to herself. Stress, loss of self-esteem, lots of self-pity leading to loss of hope, dreams and future.

Depression, loss of feelings, self-blame, self-pity, self-hate, anger, constant crying, silence and withdrawal, inability to face people, feeling cheated, feeling useless, stressed out, shocked and feelings of abandonment - women trying their best to name their emotional turmoil in these words. One victim said, ' I became very quiet and kept crying all the time'. Whenever he spent time with the second wife, that night she would spend crying. Another said, she would keep awake the whole night seething with anger and wanting to break his head. Women also stopped socialising. They stopped attending family functions, marriages etc. They could not face the relatives and neighbours. Many underwent severe stress, just not willing to accept the marriage of their husband. They never expected to be cheated and when it happened they just could not digest it. Anger and underlying sadness overtook them.

But women showed resilience and picked up their life after their initial shock. Many reported that they bounced back. This incident made them stronger. One woman reported, earlier her husband controlled her and did not even allow her to go out. After his cheating, she opposed his restriction. Earlier she lived in fear, believing in his innocence, but not anymore. Many regained their confidence believing that life needs to be led with dignity. One woman shared that after many years of remarriage, her husband came back to live with her, but she refused. For her, her self-respect was important. Many were lucky to get support from their maternal family to stand on their feet financially. One woman got a small piece of land, another got into stitching, another into domestic work, one got into catering work as her sister came forward to look after her son while she was away at work. Looking at the condition of the children, many women picked themselves up to become independent. They could not bear to see children crying. Becoming independent and busy in life also improved their physical health.

Let us look at the numbers now. Out of the 250 women interviewed in this study, 50%  of them said, they were depressed most of the time. They also reported insomnia [43%], frequent aches and pains [33%], not feeling good about themselves [33%], tendency to self-harm [43%].

Many continue to bear the brunt of their husband's remarriage in many different ways. Some continue to remain aloof and have shunned extended families and social engagements. Some are still seething in anger and resentment. One woman said,' I was poor and did not have a choice. I was helpless as I did not have money nor education'. In one instance, her children blamed her for allowing their father to marry another woman. Till this date, she continues to blame herself. Another woman says, 'my self-respect has got affected. I did not get the respect that I ought to have got from my husband. People look at me with pity and give me assurances.'

For many reasons, including the above, polygamy should not be allowed to exist.

https://notionpress.com/read/status-of-women-in-polygamous-marriages-and-need-for-legal-protection

OUR STRUGGLE OUR LEADERSHIP - TO SUM UP MUSLIM WOMEN'S ACHIEVEMENTS

DAY 30

OUR STRUGGLE, OUR LEADERSHIP

Indian Muslim Women – Who they are and What have they Achieved

Why the need for a Muslim women’s movement? 

Since the inception of the Bharatiya Muslim Mahila Andolan [BMMA] in a January 2007 it has been asked by many as to the need for Muslim women to organize themselves? Kya zaroorat hai Musalman aurton ko apni tehreek tayar karne ki? After 14 years of BMMA, it is amply clear why it was so important that Muslim women take a lead. The reasons are many. To start with, no community can develop if its women remain behind and conversely the women of the community cannot progress unless the larger community also takes the onus to lend her a helping hand in playing her role in public life.

BMMA has not only created an alternative liberal voice in the Indian Muslim community but has also brought Muslim women in the forefront by raising a sensitive issue of law reform towards which the larger community had adopted an ostrich approach. Creating a membership base on more than a lakh, creating an draft of Muslim family law, creating Darul Uloom-e-Niswan-a centre for Islamic teaching, winning a PIL in the Supreme Court against the Haji Ali dargah Trust, filing a PIL in Supreme Court against the practice of triple talaak and halala, running vocational training centres in 7 cities for the socio-economic development of Muslim girls and boys, running Aurton Ki Shariah Adalats in 4 cities-in short creating secular, liberal space within the community and reclaiming Islam from misogynist and conservatives to secure human rights of Muslim women. With Muslim women taking lead, especially on matters of personal law reform and issues of women’s access to sacred spaces, we have also seem the Muslim male secular liberal voice rising to support women. 

What is its vision and goals? 

The vision of the Andolan is to create conditions within the Indian society where the Muslim community and especially the Muslim women are able to eradicate their own poverty and marginalization and live a life of equality, justice and with respect for human rights. It believes in the values of democracy, secularism, equality, non-violence, human rights and justice as enshrined in the Constitution of India. These are the guiding principles in their struggle. It believes in the inherent capacity of women to lead and ameliorate the social, economic, political, legal and educational backwardness. It also seeks to carry out positive, liberal, humanist and feminist interpretations of religion for ensuring justice and equality to Muslim women. And to achieve its vision of an equal society it seeks collaboration and alliance with other movements and networks that are fighting for social equality and human rights and are opposing forces of fascism, capitalism, communalism and imperialism in all its forms.

What is the pathway to achieving this vision? 

To achieve this vision and objectives the Andolan through its well laid out administrative structure reaches out to Muslim women in villages, towns and cities and organizes them into pressure groups under the leadership of a committed woman leader. The emergent leadership of Muslim women at the national, state, district, block and village level carries out programmes and activities related to education, livelihood, law reform and health services. Amongst its many achievements the Andolan in all the states where it is active, has mobilized Muslim women and exerted pressure on local government machinery to issue important documents like voter I-cards, ration cards, widow pension cards etc. Perspective building and inputs and information-giving workshops are organized on various issues on a regular basis. 

These initiatives of Muslim women need to be further supported and complimented by other Muslims so that the community as a whole is able to lead a life of dignity and safety. It cannot be that the community demands security and democracy for itself from the state but does not allow the same for the women. Democracy within is the crying need of the time.

How has rise in global conservatism affected the community? 

While we see a rise in conservative forces within the community, we also see the world not doing anything better. With conservative political parties rising in the Europe and USA and within our own country, Islam and Muslims continue to remain the villain. Notwithstanding the fact that the highest number of victims of Islamic terror continues to be fellow Muslims. Closer home, rise of cultural and political hindutva groups has ensured that Muslims remain under siege. This socio-political environment has a direct bearing on women and youth. Lack of educational and livelihood opportunities, ghettoized living conditions and an atmosphere of being hated, feared and despised have pushed the community to the wall. 

How has privatization, globalization, liberalization, in short an open capitalist economy impacted our struggles? 

The arrival of the forces of globalization and privatization in India since early 1990s has also led to the poor - dalits, adivasis, women and minorities being driven further to the margins with a direct onslaught on their lands and livelihoods. Civil society organizations have been protesting about the widespread exclusion of India’s large masses due to the very questionable notions of development which are increasingly finding deep roots into the successive governments and their policies. A malfunctioning PDS and nonfunctional primary schools both aggravate the social exclusion faced by the minorities as by the dalits and adivasis. Today the impact of state withdrawal from welfarism and inclusive development is for all to see. It is important to see BMMA’s work emerging and impacted by these conditions. 

Does the answer lie in building up movements of people? 

Indian history is replete with instances of struggle for social change and justice. Women and especially Muslim women have also initiated and actively participated in many historical movements for justice. These struggles are still on with increasing strength of women. Yet women’s participation and the articulation of her perspective of social justice and development have always been ignored traditionally. This alternative voice of women which is concerned with just, fair and humane society never got due recognition. And this fuelled in some Muslim women a strong need to create a collective that will not only address the concerns of the Muslim community and particularly of the Muslim women but also take concrete steps to ameliorate this situation. They felt that a mass organization is required where the most oppressed and marginalized sections gets a voice and are able to mobilize themselves to create conditions in society which will ensure social, economic and political justice, upholding of human rights, equality and peace. This urge led to the formation of the BMMA. Over the last 14 years it has established itself as an alliance of like-minded individuals that take upon themselves the onus of taking up the issues of the Muslim women and Muslim community head on. In such grim and testing times, Muslim women have led the community restoring faith in the secular, liberal values on the Indian Constitution and reclaiming a humanist Islam from dark forces. 

When will development become a political agenda and how does BMMA contribute to it? 

The BMMA works towards all the rights and duties emanating from the Constitution. In its 14th year its membership has crossed one lakh members across 15 states. It raises issues of education, jobs, security, law and health. It being a national entity seeks to carry out its activities through a formal national democratic structure with a system of accountability. It addresses the issues of education, employment, security and legal reforms and takes proactive and concrete steps towards these. It not only works at the grassroots on these issues but also does political advocacy to raise issues at the appropriate fora. In short it seeks to create an alternative voice of Muslim women and works for its leadership development.

Can religion ever play an enabling role given that it has been usurped by conservative, patriarchal forces, world over? 

BMMA has compelled the community to understand Islam and Quranic teachings from a feminist perspective. It has uncovered Islam from a labyrinth of patriarchy, misogyny and conservatism and reasserted its ideals of equality, justice, wisdom and compassion. Within the Islamic framework there is a strong need to appreciate and distinguish between the normative and contextual writings in the Quran. There are many verses of the Quran which have a normative, immutable and prescriptive appeal. They point towards universal values of justice, equality, wisdom and compassion which must permeate life of each and every human being for all times of come. On the other hand are the contextual and descriptive verses which were relevant for those times and for that particular society. As a principle new age Muslim women through BMMA have rooted for the universal principles and based their laws and their way of life on those. In other words a humanistic understanding of the Quran has resurfaced which will ensure that as Muslims we are able to live in peace with other communities and also ensure justice within. 

We do see many women activists and scholars of Islam challenging the old paradigm.

And these set of women have done amazing work to reassert the basic notions of what Islam is. Allah is a universal power which as per the Tawhidic understanding permeates all beings, living and non-living. This universal power is rahman and rahim, merciful and beneficent and is embedded in the Islamic notion of Taqwa or moral/ethical notions.* It is very heartening and encouraging to note that across the Muslim societies Muslim women are embracing this very Islamic and universal ideas of Tawhid and Taqwa which encourages us to love all as creations of one God and live and let live everyone in peace and tranquility. Emboldened by the conceptualization of God as merciful and just, Muslim women are now seeking justice and equality within the families and are reclaiming their right to read the Quran and arrive at their meanings based on their own lived realities. In the last couple of decades we have had Islamic feminist scholars like AminaWadud, Fatima Mernissi, Riffat Hassan, Ziba Mir Hosseini and many others who have taken up the challenge of rereading, retranslating and reinterpreting the Quran from a feminist perspective. And what has emerged is a vast amount of literature which debunks many misgivings and misunderstandings about Islam and women’s rights. What has been liberating and empowering is the assurance that the Quran wants justice for all humans so that life can be led peacefully and in tranquility and in complete harmony with everything around us. So ‘…. problem is not with the text but with the context and the ways in which text is used to sustain patriarchal and authoritarian structures’.*

Women are no longer recipients but creators of religious knowledge ……

With the emergence of Muslim women’s religious leadership, we get to hear a completely humanistic and enabling version of Islam. Women are no longer just recipients of knowledge and objects to be studied but are now agents of knowledge creation including religious knowledge. Islamic laws and understanding of Islam itself has been the domain of men for many centuries now. Extremely patriarchal interpretations and even translations have created a hierarchy in women-men relationships. Superiority of men over women is God-ordained and hence cannot be challenged at all. This understanding closes all doors of negotiations within the familial relationships. Contemporary Muslim women, including Indian Muslim women through BMMA have inadvertently opened the doors of ijtihaad by creating knowledge from their own perspectives and their own lived realities which are largely experiences of injustice and inequality. In other words there is a move towards ‘democratization of the production of religious knowledge’.* Women are no longer dependent on men to know what God wants from them. They no longer have to accept what men have been telling them. They no longer have to believe that God has created them as inferior to men. They now read, translate, interpret and explain to the world that their God is just, loving and merciful and has created them on par with men.

As Muslim women gain strength and voice there is hope for the community as well, for women’s voices will be voices of peace, harmony, justice and equality. The BMMA which is growing from strength to strength with each passing year has given a platform for Muslim women to emerge as leaders and take their community out of its stagnation. Muslim women are taking tremendous interest in the affairs of the community as well as the country. This churning amongst the Muslim women has a historical significance as they have never been organized on a national scale ever before. Their dreams and aspirations of a prosperous, just, plural and democratic Indian society and Muslim community are matched equally well by their administrative and organizational skills. This development only confirms that that the deliverance of the community lies in the hands of its women.

 

HYPOCRISY OF FEMINISTS IN INDIA

DAY 29 

HYPOCRISY OF FEMINISTS IN INDIA 

What has been the contribution of feminist ideology? 

Feminism is a cry by women for equality within family and society. In the 1970s the feminist movement took a flight in India after the declaration of the International Decade of Women. Its essential demand had been to treat women as a human being and end all discrimination that happens simply because she is a woman. Many achievements have been accrued by the movement, chiefly has been the spawning of women’s organization and institutions. Insertion of women’s perspective in all ideologies and thought processes has been another feather in the cap as a result today no discussion is considered complete without looking at the said issue from a gender lens. Nothing can pass the muster without it having made sense to women from a feminist perspective. 

What went wrong? 

Sadly this edge has gradually eroded. The first erosion happened when the women’s movement was not able to defend its demand for uniform civil code simply because the issue was coopted by the Hindu right wing. They gave away the ground to them by simply abandoning the issue. This itself conveyed that the movement’s commitment to the cause was not rooted at all. They gave up without as much as defining its idea of UCC as being fundamentally different from the idea of it as espoused by the Hindu right wing. 

Women’s organizations have been proud of its ‘secular’, atheist heritage. Drawing upon the idea of UCC as a truly non-religious document has always been the demand of the movement. And a truly open challenge to the idea of UCC as espoused by the right wing. But today in the feminist circles nobody has an idea how to counter the draft of UCC which the government might impose on the country. Governments have always ratchetted up the issue for political gains without any true commitment. But no such constraints exist for women’s movement and yet we do not have any discussion around this issue since almost 2 decades. No draft issued, no counter drafts, no discussions and debates, no agreements and disagreements. In effect, a complete silence indicating a complete abandoning of the issue. The movement that was responsible for pro-women legislations suddenly turned meek and withdrawn and even refused to discuss possibilities of a religion-neutral law even as a utopian idea. 

One is reminded of the fight for 33% reservation for women which for obvious reasons has been abandoned by the various political establishments. Sadly the same constraints do not exist for women’s movement. And yet no organization worth its worth has been talking about it. What happened? Where and how did it lose its sheen and commitment? No ground movement exist to discuss and debate. No seminars and conferences, no dharnas and public protests, no public hearings and symposiums. What happened?? Is it short of commitment or short of ideology, is it short of grounding or short of funds? Has it truly remained feminist or have been coopted by the Hindu right wing so that the Hindu right wing remains uncontested in the arena of UCC or does not have to pass on the benefits of reservation to women? Isn’t it ironical and tragic that the movement that spoke of ‘secular’ laws has very quietly given up and given away the ground to Hindu right wing that, in the words of feminists themselves, would bring in a Hindu law for all in the garb of UCC? Hasn’t the movement turned deeply patriarchal so much so that it has given up the issue so easily? 

The larger women’s movement has not been open to BMMA, why? 

The women’s movement with its nose off the ground, cut off from ground realities has not been able to take a clear, declared stand of supporting Muslim women’s movement, BMMA. BMMA since the last 14 years has consistently worked to prove that a codified Muslim family law will ensure legal protection to Muslim women in matters of family law. When none exists, a law will give much needed negotiating power to the women within the confines of her family. What BMMA demands is nothing novel. Similar to the Hindu Code Bill, the Muslims must also have the legal facility of a Muslim Code Bill. Just as the Hindu Code Bill is based on the Hindu traditions, our demand for a codified Muslim Code Bill is centered around provisions for women in the Quran. 

And yet a resounding and complete silence of a large number of women’s organizations and institutions only confirms that the movement is in a comatose state. It has no ability to either agree or disagree with the demands of Muslim women. We have seen how it has long ago abandoned its demand for a religion-neutral law and now with its inability and unwillingness to support Muslim women’s demand for legal protection in the form of codified law, it only affirms that feminism is dead. If not then why has it not been able to come out in solidarity with Muslim women which has been effectively working since 2007, a good 7 years before the current government came to power. Many individual women activists did give their inputs and suggestions to the draft law that BMMA was working on, but as a movement it was silent and still continues to be remain silent indicating lack of comprehension and application of mind, and an inability to accept the leadership of Muslim women. It has no idea what to propose in order to effectively resolve the Muslim women’s need for legal protection. Having abandoned the UCC and having shown no maturity to support BMMA, how do they propose to legally address Muslim centric practices of triple talaak, halala, muta and other shariah-inspired practices of polygamy, underage marriage, custody of children and unequal inheritance? 

What are the implications of resistance to not supporting BMMA? 

By keeping silent on the arrival of a huge upsurge of Muslim women’s movement, it has invariably strengthened the hands of Hindu and Muslim right wing. By keeping silent on the massive courage shown by 5 litigants against triple talaak in the Supreme Court, the movement has lost is moral right to be even called a feminist. By refusing to acknowledge the emerged leadership of Muslim women, it has shown its immaturity and pettiness and its deeply patriarchal mindset. By refusing to stand besides Muslim women’s demand for her constitutional rights, it has betrayed its deeply anti-Muslim mindset. By not standing with Muslim women, they are by default standing by the most horribly patriarchal and misogynist religious bodies who have single mindedly stalled all attempts at reforms. By their very act of numbness of mind, they have strengthened the Hindu right wing which now believes and rightly so, that the feminists are no different from the mulla-gang. 

What are their arguments? 

Muslim women should not be demanding law reform from this Hindu right wing government – this is told to the Muslim women. Pray, which government should we be going to? The government of Afghanistan or Pakistan? Where do the rest of them go with their demands? Everyone, including the women’s organization, have been making their demands from this very government. Whether they like it or not, everyone including the women’s organization, is complying with the GST regime of this government. Everyone, including the women’s organization, have accepted the garishly pink note of Rs. 2000, a fallout of the demonetization blunder of this government. Everyone, including the so-called secular, human rights organisations are demanding their rights from this government, but when Muslim women are doing it, it is wrong and should not be done. Why should Muslim women not demand her constitutional rights from this government? 

Some lawyers have also opposed you? 

Lawyers who fight in the corridors of law base themselves on the constitutionally mandated laws of the land. They are bound by the constitutional values. These very lawyers earn their bread and butter by fighting cases in the court of law. So-called feminist lawyers have for many decades fought for Hindu women based on the Hindu Code Bill. They have fought hard against the dilution of 498, and fought harder for DV Act. They have supported Christian women in their fight for a better Christian law. But these very so-called feminist lawyers do not approve of a codified law for Muslim women. If this is not hypocrisy what is? Hindu women have the protection of a codified law, but Muslim women must make do with a judgment of the court. That it seems is enough for them. If this is not being dismissal of the needs of 7 crores of Muslim women, then what is? 

Some have called BMMA as being in cohorts with the Hindu right wing? 

That Muslim women are playing in the hands of the BJP – how patronizing and paternalistic!! How about also realizing that feminists have also played and are playing in the hands of ‘soft-Hindu’ ‘secular’ parties. Why, have they in all these decades not demanded legal protection for Muslim women, why did they not realize the need for Muslim women to be protected by legislation. If Hindu Code Bill was good enough for the Hindus, why would a Muslim Code Bill not be so for the Muslim women? In their duality and contradiction, they played in the hands of Muslim fundamentalists and invariably strengthened their hands. To maintain their façade of secularism they sacrificed the interests of Muslim women. They too indulged in their own brand of vote-bank politics which was equally patriarchal and anti-Muslim. Secularism according to feminists, when it comes to Muslim women, is absence of religion and hence no religion-based law. But secularism when it comes to Muslim men means protecting Muslim men and their unjust behavior and justifying it in the name of protecting rights of minority community. Ironically for these secular-feminists, supporting Muslim men and condemning Muslim women is secularism and feminism. 

How do they propose to solve the legal issues of Muslim women? 

Some scattered women’s groups are talking of ‘gender-just law’ which they have not been able to differentiate with the UCC, so far. Again no public positioning, no seminars, no public discourse, no debates around it. In effect, a lose floating of concepts not grounded in reality and with no consensus in sight. And if this elusive gender-just law aka UCC, becomes a reality what happens to the existing code bills of various communities, including the majority Hindu? A resounding silence arising out of ignorance and numbing stupidity.  

They say judgments are enough, why do Muslim women need a law? 

They say Shamim Ara judgment is enough. Were other judgments meant for the Hindu community enough? No. A law was required for the Hindus which they got it in 1955. The judgements are also supposed to be made on the basis of a constitutionally passed law. Only judgment based on statutory Acts acquire the force of law. If judgements were enough, then one would not need laws at all. Judgments are not substitutes for law. If judgments were enough, we would only need the Supreme Court. If judgements were enough, Parliament would lose its mandate to exist.  So by this default reasoning let’s do away with laws and legislatures and let us all be governed by the judgments of the Supreme Court. A judiciary is different from legislature, both are important arms along with the bureaucracy. Have we not learnt this basic lesson in our school civics book? But according to these learned lawyers, Muslim women are too inconsequential to be needing a law, for them judgments are enough. If that is not anti-Muslim, what is? If that is not patriarchal, what is? And if that is not anti-constitution, what is? Challenging the very edifice of the country and challenging the need of the Parliament to intervene in the legal discrimination faced by Muslim women – what can be more anti-constitutional than this? Especially for those who swear by the constitution. Muslim women according to them are not citizen enough to be requiring a full-fledged law. Not to forget the complete support to polygamy and underage marriages – all that the ordinary Muslim women is struggling to do away with. So much for feminism !! 

These arguments sound similar to the one’s given by the Muslim right wing, isn’t it? 

Yes, it is. AIMPLB and its ilk have been supporting triple talaak, polygamy, underage marriages, halala, muta, unequal distribution of property, automatic custody of children in favour of the father etc. Speaking the language of the most backward and regressive religious bodies, the feminists have let themselves so low. 

The Muslim clerics have always wrongly insisted that shariah is divine and that no legislation is required in personal matters. Never mind the fact that they themselves approached the Rajiv Gandhi government in 1986 for a legislation or for that matter the British government in 1937 and 1939 for legislations. But telling the Muslim women to not approach the government for legislation, they have stood firmly next to the most outdated and patriarchal groups single handedly responsible for the mess Muslim women find themselves in. But the women’s organizations and so called secular progressive organizations today share panels with the most regressive bodies standing against Muslim women’s demands and aspirations. 

It looks like the feminists have a soft corner for offending Muslim men. 

It is ok for Hindu men to face criminal law if they violate any of the provisions of personal law. 494 applies in case of bigamy, 498 applies in case of dowry, DV applies in case of violence, 125 applies in case of maintenance, POCSO applies in case of underage marriage. But Muslim men should not face criminal charge if they practice triple talaak, halala, polygamy, underage marriage. Why? If Muslim men should be exempt from personal law violations, then they should also be exempt from violations against dowry, domestic violence, and even criminal law violations. And this is exactly what the mulla gang wants. That they should be allowed to have parallel courts and parallel laws and be exempt from the laws of the land. It is for this reason that they opposed the domestic violence act and the POCSO demanding exemption. With whom are you standing, dear feminists??  

Muslim women anyways have gone far ahead, whether it is Shayra banu, Afreen, Isharat, Gulshan Parveen, Atiya Sabri or BMMA with its more than one lakh members. We have found our own way guided by the Constitution of the country and by the Quranic values of equality, justice, wisdom and compassion. It is now upto the state to respond. Muslim women will not wait for another 70 years to get a comprehensive Muslim code bill. WE WANT IT RIGHT NOW!!!