MUSLIM WOMEN IN MAHARASHTRA EXPRESS THEIR OPINION ON MUSLIM FAMILY LAW

WHAT MUSLIM WOMEN WANT 

Muslim Women In Maharashtra Express Their Opinion on Muslim Family Law 

We are aware that the Ordinance against triple divorce has been passed by the central government which will remain in force till the next government comes to power in May 2019. This has been possible because of the unprecedented courage shown by ordinary Muslim women like Shayrabanu, Ishratjahan, Gulshan Parween, Afreen Rahman and Atiya Sabri who filed the PIL against triple talaak. Their courage was matched by the untiring, unwavering and consistent work done by Bharatiya Muslim MahilaAndolan [BMMA] which has been leading the campaign for codification of Muslim family law since 2007.  

Reform in Muslim personal law has always been a highly sensitive and politicized domain in our country. After 70 years of independence Indian Muslim women face discrimination in matters of family law. From Shah Bano till now, the conservative patriarchal forces in the community have stone walled reform legislation ostensibly as this amounts to interference in faith matters. They have received direct and indirect support from different political parties in their tirade. Things began to change somewhat in the last decade or so with several Muslim women speaking out openly against injustice in the form of unilateral instant divorce or triple talaq. 

Our effort has always and will continue to be to give voice to countless Muslim women who are victims of unjust practices. This study is a step towards that end. Through this study 0BMMA has sought the views of Muslim women living in small towns and villages of Maharashtra. It is important that their views get a place. 500 Muslim women have been respondents to this study which looks at their socio-economic conditions as well seeks their views on the indicators of reforms of Muslim family law. 

Views of Muslim Women of Maharashtra 

BMMA conducted this study in the districts of Ahmednagar, Amravati, Aurangabad, Jalgoan, Nashik, Palghar, Panvel, Pune, Raigad, Satara, Solapur and Thane. 505 Muslim women were interviewed for the study spread across 24 villages. 

Consent is an important prerequisite for a Muslim marriage. It may be a formal requirement not really a process of real consent and an informed choice. But nonetheless it is a crucial provision for women. 428 i.e. 85% of the women surveyed said that their consent was sought before marriage. 

Underage marriages continue to be a big challenge for the community. As much as 66% of the respondents were married on or before 18 years. Only 6% were married beyond 21 years. This is where as a community there is need for social reforms and definitely a need for law which does not allow a Muslim girl and boy marriage before the age of 18 and 21 years as per the law of the land. 

Nikaahnama is an important document to be filled up at the time of marriage. It is a legal document which establishes the marriages. Unfortunately, 45% of the respondents did not have their nikaahnama. Out of those who did not have it, i.e. 225, 16 said that it was not made at all. 50 said they did not get it in spite of it being made. Yet a big number 159 said they do not even know where it is. Out of the entire 505 respondents, 75% of them said that they did not even read their nikaahnama before signing it. 

An important economic security for women is meher given to the bride either in form of cash / jewellery / land as a gift on the day of the marriage but sadly ithas been reduced to a mere symbolism. It was observed that 38% i.e.194 of the women got a meher amount upto Rs.1000/- while 22% of the women said meher amount was fixed between 1000/- to 5000/- yet another 16% of the women meher was fixed between Rs. 5000/- to 10000/-. 12 % of the women meher was fixed over Rs.10000/- of which only 2% of women was fixed over Rs.50000/- 13% i.e. 66 women said that they had no idea what is meher or what was the amount. Although the meher amounts are very less, women appear to be happy with what they got. It was observed that 53% i.e.269 of the women surveyed were happy with their meher amount fixed where as 34% of the women were unhappy. 

Meher is the right of women to be received by the bride at the time of marriage. Although meagre 48% received their meher at the time of marriage. A big number, 33% did not get mehr at all. If that is combined with the number of women who have no idea about meher at all, then it is 46% who have not received meher. 

Out of the 42 women divorced, 10 were divorced before the end of first year of marriage. 7 within the third year of marriage. It was observed that of the 8% divorced women 4% i.e.18 of the women said that their husband wanted divorce. 2% i.e. 10 of the women said that they wanted divorce and 2% of the women said that their divorce was caused due to disputes between the parent and in-laws. 

Such a tragedy that of the 42 women divorced 50% i.e. 21 of them were divorced verbally and the rest 50% of the women were give talaq either through letter, phone, SMS, email and other way.

Halala is an Un-Quranic practice where a woman who is divorced by her husband has to marry another man and have sexual relationship with that man and after that man divorces her, she can remarry her first husband. Of the divorced women 1% i.e.5 of the women were victims of halala

Out of those divorced women [42], 19 work are support themselves as there is very little or no support from the husband and the in-laws. 12 women are supported by their parents and yet another 10 women are on their own, struggling to raise resources through charity to survive. Out of these 42 divorced women, 27 retain the custody of the children. 10 women said the custody is with their parents as they were re-married and their husband was not willing to accept the responsibility of the child. With no maintenance and additional responsibility of children, it is a wonder how women manage to survive! Women are able to sustain due to her inner strength and the physiological support that is received from family and friends.  

Even a widow is on her own. Out of the 30 women who are widows 57% i.e. 17 work and are on their own. The rest are supported either by her parents or by her in-laws. 

Linked to their economic status and a sense of security, it is sad to say that 84% of the women do not have a property in their name. 85% said that the current house in which they are staying does not belong to them, it is not in their name. 

Demands of Muslim Women 

Age of marriage: 

52% i.e.261 women said the girl should be above the age of 18 years and yet another 32% i.e. 160 women said it should be over 21 years. Put together 84% of women resoundingly say that they age of marriage of the girl should definitely not be below the legal age. The maturity of rural Muslim women gets reflected here where she understands the damages caused by an early marriage. 44% i.e.220 women say that the boy should be above the age of 21 years and yet another 54% i.e.274 women said it should be over 25 years. Put together 98% want the boy also be mature enough to get into the relationship of marriage. 

Mehr

In the study 94 % i.e.474 of the women said that meher should be given at the time of Nikaah.  90% of the women felt that the Meher amount should be decided based on the income and property of the groom. If Meher is not received at the decided time, what should be done?  48 % i.e.240 of the women said that the husband should pay double the amount of meher if not given at the time of Nikaah. As per the study 86 % i.e.435 of the women affirmed that the amount of meher must be equivalent to the groom’s annual income.  

Polygamy

The study clearly states that 96 % i.e.484 of the women said that the Muslim man should not be allowed to marry another woman during the subsistence of the first marriage. 87 % i.e.438 of the women said that even if the first wife should permit the man should not be allowed more than one marriage. Furthermore 62 % i.e.311 of the women said that even if the first wife is suffering from deadly disease even than a man should not be allowed to marry more than once. Going further 93% i.e.471 of the women said that the man should not be given permission for second marriage even if the population of women is more than man. Muslim women are very clear on this !!!!

Triple divorce 

Since this study happened after the Ordinance against triple divorce was passed by the central government, we took the opportunity to ask rural Muslim women about the same. Some were not even aware of the Ordinance. But on explaining to them about it, the women welcomed the Ordinance. The study clearly states that 95% i.e.481 of the women said that government has done the right thing by putting a legal ban on the practice of unilateral divorce. We also wanted to check about the clause regarding 3 years imprisonment to men who pronounce divorce unilaterally. 91% i.e.459 of the women confirmed that they think it’s the right decision by the government to implement 3 years imprisonment against men who unilateral divorce their wife. 

The study clearly states that 96% i.e.484 of the women confirmed that arbitration should be made they mandatory before divorce is finalised. 92% i.e.463 of the women agreed that the Qazi who sends notice of unilateral divorce should be punished. 94% i.e.473 of the women agreed that the legal method of divorce should be Talaq-e-Ahsan. 

Custody

In the event of divorce 91% of women believe that the custody of the child should go to the mother. And inthat event the maintenance of the child must come from the ex-husband. And in keeping with the norms, a child’s best interest and the child’s consent is crucial before deciding the custody. 

Views on Codification of Muslim Personal Law

If the government codifies the Muslim Personal Law, women will get justice is what a large number of Muslim women believe.  The study states that 92% of the women affirmed that that the codified law will help women get justice. Muslim women also strongly feel that the Indian state must step in and help her to codify the Muslim family law. The study also reiterates that the government must take the responsibility of making and implementing the Muslim family law. 

Current Initiatives of Muslim Women 

On one hand the Muslim women are excluded educationally, economically and socially owing to government neglect and on the other hand they suffer from near absence of any legal framework in matters of family, marriage, divorce, custody of children etc. 

Today as we present this study, the Ordinance against triple talaak is in place. We are hoping that the next government that comes to power is sensitive to the legal needs of Muslim women. It has been a long time after independence and yet the largest minority is without a proper law that will regulate their family life. We reiterate our demand for a comprehensive codified Muslim family law so that women feel safe and secure in their homes. We demand from the next government that they look at Muslim women as citizens first and give her what rightfully belongs to her; a law which ensures equality and justice within family. 

Dr. Noorjehan Safia Niaz

Co-Founder, Bharatiya Muslim Mahila Andolan