WHAT MUSLIM WOMEN WANT
A Study Capturing Views of Muslim Women on Muslim Family Law in Maharashtra
BHARATIYA MUSLIM MAHILA ANDOLAN
Supported
MAHARASHTRA STATE COMMISSION OF WOMEN
Preface
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.
The question of gender justice for Muslim women within family predates 2014. Triple talaq, polygamy, halala have been prevalent amongst Indian Muslims despite the Quranic injunctions of justice and fairness. The demand for a codified Muslim family law was raised way back in 2007 and consistently thereafter. A petition signed by thousands of women was submitted to the President of India in 2010. Over 500 women survivors from different states participated in our national conference calling for abolition of triple talaq in 2012. In a national study conducted by us in 2015, an overwhelming number of women called for abolition of triple talaq.
The legal discrimination of Muslim women in family matters is singular. The parliament passed multiple laws beginning 1955 to protect Hindu women in marriage and family. The parliament also enabled amendments in marriage and divorce laws to benefit Christian women. India’s elected representatives have failed Muslim women and indeed all women by non-enactment of a Muslim family law. Indian Muslims are still governed by the Shariat law of 1937 which is silent on important matters such as consent, age of marriage, meher, procedure of divorce, polygamy, custody of children, share in property etc. Muslim women suffer injustice despite affirmative provisions emanating from the Quran in all these matters. The maintenance law of 1986 enables a Muslim woman to get maintenance but only after a legal battle. There is nothing therein to bind the husband or to make him socially accountable. Triple talaq continues to take place today despite the SC judgment setting aside and the woman is left without any means to enforce the judgment in practice.
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.
We are hoping that this study will throw light on the issue of law reforms once again. We are also hoping that a day comes when Muslim women will get her constitutional right in the form of a codified Muslim family law.
About The Respondents
Study was done in Ahmednagar, Amravati, Aurangabad, Jalgoan, Nashik, Palghar, Panvel, Pune, Raigad, Satara, Solapur and Thane.
505 Muslim women were interviewed in 24 villages.
402 women are homemakers.
278 had family annual income between 35K-50K
207 of the women surveyed had 1-2 children
10 women have adopted children from their family members or relatives.
Consent and Age of Marriage
Out of 505, 428 said that their consent was sought before marriage.
Out of 505 women, 333 were married on or before 18 years
Nikaahnama
225 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.
159 said they do not even know where it is.
Out 505, 379 of them said that they did not even read their nikaahnama before signing it.
Meher
194 women - meher amount upto Rs.1000/-
106 women - meher amount was fixed between 1000/- to 5000/-
79 women - meher was fixed between Rs. 5000/- to 10000/-.
60 women - meher was fixed over Rs.10000/-
9 women was fixed over Rs.50000/-
66 women said that they had no idea what is meher or what was the amount.
170 did not get mehr at all.
If above figures are combined than 236 women have not received meher.
241 received their meher at the time of marriage.
Out of all those who received it,
· 193 got it in cash
· 68 women said that they received meher in the form of jewellery
· 3 women received meher in the form of property.
Only 15 women said they got to decide the amount.
90 women don’t even know who decided the amount.
Divorce
Out of the 42 women divorced, 10 were divorced before the end of first year of marriage.
7 within the third year of marriage.
Of the 42 divorced women, 18 of the women said that their husband wanted divorce.
10 women said that they wanted divorce
Of the divorced women only 6 of the women received compensation at the time of the talaq
36 of the women said they did not get any compensation.
Of the 42 women divorced 21 of them were divorced verbally
Rest 21 were given talaq either through letter, phone, SMS, email and other way.
5 of the women were victims of halala
Maintenance
Out of currently married 428, 53 women did not get any financial support from their husband.
Out of those divorced women [42], 19 work are support themselves
12 women are supported by their parents
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
Out of 30 women who are widows 17 work and are on their own. Rest are supported either by her parents or by her in-laws.
Domestic Violence
Out of 505 women, 217 women said that they have been subjected to violence.
163 women said if they wanted to report violence, they would first approach the parents and elders in family.
All India Muslim Personal Law Board
449 of the respondents had not even heard about this body.
Property
425 women do not have a property in their name.
430 said that current house in which they are staying is not in their name.
VIEWS OF MUSLIM WOMEN
Age of marriage:
261 women said the girl should be above the age of 18 years
160 women said it should be over 21 years.
Put together 421 women say that age of marriage of girl should definitely not be below 18.
220 women say that the boy should be above the age of 21 years
274 women said it should be over 25 years.
Put together 494 want the boy to be mature enough to get into the relationship of marriage.
Mehr
474 of the women said that meher should be given at the time of Nikaah.
457 of women felt meher amount should be decided based on the income and property of the groom.
If meher not given at the time of nikaah, then,
· 240 women said that the husband should pay double the amount of meher
· 69 said the husband should be put behind bars
· 103 said he should pay penalty.
435 women affirmed that the amount of meher must be equivalent to the groom’s annual income.
438 women said that the meher amount must be decided based on the husband’s share in the income/profit
Polygamy
484 women said Muslim man should not be allowed to marry another woman when already married.
438 women said that even if first wife permits the man should not be allowed more than one marriage
311 women said even if wife is suffering from deadly disease, man should not be allowed more than one marriage
324 women said that even if wife is unable to conceive, man should not be allowed more than one marriage
398 women said that the man should not be allowed to re-marry even if she is a widow.
471 women said man should not be given permission for second marriage even if the population of women is more than man.
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.
481 women said that government has done right by putting a legal ban on the practice of unilateral divorce.
459 women said it’s the right decision to give 3 years imprisonment to men who unilateral divorce their wife.
484 felt that arbitration must be made mandatory before the divorce is finalised.
226 women wanted that 3 months should be the process for arbitration
463 women agreed that the Qazi who sends notice of unilateral divorce should be punished.
473 women agreed that the legal method of divorce should be Talaq-e-Ahsan.
490 women agreed to Talaq-e-Mubarah being part of the legal process of divorce.
351 of the respondents say that women should not forgo her meher on khula.
Custody
In the event of divorce 461 of women believe that the custody of the child should go to the mother.
And maintenance of the child must come from the ex-husband.
A child’s best interest and child’s consent is crucial before deciding custody.
Adoption
435 women had no idea that a Muslim couple cannot legally adopt a child.
469 had no idea why that is so.
435 were not aware that even if they adopt a child, he/she cannot legally be natural heir to your property.
467 felt that adoption should be made legal and the couple must be allowed to make the child a legal heir.
Views on Codification of Muslim Personal Law
Of the 505 women surveyed 447 don’t know that they do not have a comprehensive personal law
464 women affirmed that that the codified law will help women get justice.
484 women wanted the government to fulfil its constitutional responsibilities.
441 women said that religious leaders must support women’s demand for codified Muslim Personal Law.
464 said that Qazi and the Darul Qazas must obey and implement the law passed.
484 women affirmed that the government must monitor and regulate the work of the Qazis.
492 women affirmed that Muslim women should provide legal aid and support to other Muslim women.
INTRODUCTION
India is a secular democracy where all citizens are equal. The fundamental rights are guaranteed to all citizens irrespective of religion, caste, ethnicity, sex or language. The founding visionaries of India had a special commitment to the rights and safety of the minorities. This concern found a clear and definite reflection in the Constitution of India which enshrines the values of justice, equality and democracy. In the context of this study certain Constitutional provisions need to be recounted here as they are of paramount importance and relevance. There are safeguards for minorities in the form of various articles prohibiting discrimination on religious grounds and enabling development for minority communities. The provision pertaining to equality before law is a very important provision as is the right to religious freedom. The fundamental duties of every citizen include promotion of harmony and renunciation of practices that are derogatory to the dignity of women. The present study has been carried out in the framework of Constitutional provisions and the rights of women in the Holy Quran.
The present-day ground reality pertaining to the socio-economic condition of Indian Muslims is well-known thanks to the Sachar Committee reportas well as some other studies. It is important to understand the reasons behind the gap between the Constitutional provisions and the prevalent reality. Indian minorities and particularly the Muslims have been historically disadvantaged and vulnerable in spite of the Constitutional safeguards. The Sachar Committee says that Indian Muslims continue to live in poverty and social and educational backwardness. Successive governments since 1947 including governments led by secular political parties have done little more than pay lip sympathy to the plight of the minorities. Be it persistent socio-economic exclusion as in the case of the Muslims or the menace of communal violence affecting Muslims and now increasingly, the Christians, the minorities have not been given a fair deal.Politics has overtaken priorities such as genuine welfare and safety. Consequently, the Muslims have lived in poverty, fear and insecurity. Muslims are the largest minority in India. As per the provisions under the National Commission of Minorities [NCM] Act, 1992, five religious communities Muslims, Christians, Sikhs, Buddhists and Parsis have been notified as Minorities. According to 2001 Census, 18.4 per cent of Indian population comprises minority communities. Muslims constitute 13.4 per cent, Christians 2.3 per cent, Sikhs 1.9 per cent, Buddhists 0.8 per cent and Parsis 0.07 per cent of the country’s total population. Recently, the Jains have been given minority status too. In absolute numbers, Muslims [nearly 140 million] account for 72.8 per cent of the total minority population of 189.5 million.
Socio-Economic-Educational Marginalization of Muslims
Although the Sachar Committee did not make special interrogation into the socio-economic condition of Muslim women, they have been sensitive to the plight of these most marginalized citizens. Justice Sachar has written in detail about the efforts made by the Committee to include the concerns of Muslim women in the foreword to the report. Though limited, there has been an emergence of a debate in the present decade concerning the condition of Muslim women and the need for special attention. Significant questions concerning citizenship of Muslim women and how to enable them to attain full citizenship are being raised. Educational opportunities for Muslim girls from primary schooling to higher education, livelihood support for women, health related facilities for women and children and political representation of Muslim women are being taken up to a small extent by the women themselves with the help of voluntary groups.
The important concern regarding inclusion of women from marginalized communities in entitlements and welfare programs remains largely unaddressed in the government’s policy framework. India presents a unique scenario of historical exclusion based on caste, religion, gender and ethnicity of communities. And whereas the overall exclusion of communities based on these factors may find occasional mention in government policies, the multiple exclusion faced by women within these communities goes largely unattended. There is no empirical evidence gathering exercise undertaken by any government agency to assess actual inclusion of women. In the absence of such evidence the question of addressing the gaps does not arise! Thanks to the scale and complexities of the issues faced by the marginalized communities and of course, owing to compulsions of electoral politics there is never the “right time“ or “opportune moment” to bring up the blatant marginalization and inequality that women of these communities live with. This heightens the need to assess the levels of exclusion of women from marginalized communities especially Muslim women.
The census of 2001 puts the Indian Muslim population at 138 million accounting for 13.4% of India’s population. Muslims have a higher sex ratio at 936 compared to the national average of 933. The child sex ratio at 950 is higher than the national 927. The percentage of 0-6 years population to total population at 18.7 years is the highest amongst all religious communities and higher than the national average of 15.9. The literacy rate for Muslim women at 50.1% is lower than the literacy rate for Muslim males at 67.6%. It is lower than the national average literacy rate for women at 53.7% and national literacy rate at 64.8%. Also, only one in 100 Muslim women is a graduate, whereas one out of 37 women in the general population is a graduate. Muslim women at the graduate level are fewer by 63 per cent. The work participation rate for Muslim women at 14.1% is lower than Muslim males at 47.5% and the national average for women at 25.6%.
The Sachar Committee established that Muslims remain poor and marginalized in the present times. Under the circumstances of overall exclusion and poverty it is anybody’s guess as to what could be the living conditions of Muslim women. If Muslims as a whole are unequal citizens what could be the status of Muslim women is a question that needs deeper and scientific probing. What is the extent of Muslim womens’ access to food, shelter, health, education, income, safety and security is a question of great relevance to the democratic functioning of the country as is the extent of her social and political participation! The threat and incidence of communal violence faced by a Muslim woman in today’s India is no small indicator of her condition either! This has direct bearing to the safety, mobility and social position of Muslim women.
Also, our interactions with women in the community in the course of this Study and our ongoing work in different states indicate that the time has come to accept issues emanating from the way personal law is understood and practiced in India. Our work also throws up evidence of how it is more often than not detrimental to the well-being and lives of Muslim women. As much as the concerns of citizenship and entitlements there is need to look at measures for justice in family and marriage for Muslim women. And needless to say apart from the community itself, the government has an important role to play in both these areas as it concerns the most marginalized citizens.
The Sachar Committee Report highlights some important features concerning identity, education and livelihoods for Muslim girls and women. They have mentioned about Muslim women being singled out to deny job opportunities because of them wearing the hijab and they being singled out for ill treatment and glances because of the burqa at public places such as hospitals, schools, market places, public transport and other public facilities. Our findings too suggest similar incidence. The over emphasis on stereotypical portrayal of Muslim women as victims in the media often digresses attention from the real issues faced by them and tends to single out the whole community as backward and for unfair treatment towards women. It doesn’t encourage any discussion regarding the agency of Muslim women and their will and ability to fight injustice. It also provides loopholes for the government machinery to get away without much accountability as the blame is put on the community for its own plight and the backward plight of the women. It is invariably dismissed as an internal matter of the Muslim community where the government has no role to play.
The government agencies generally consider only Muslim men and very often religious leaders amongst them as the overarching leaders of the whole Muslim community. This leads to total blocking out of the special concerns and demands of women. It should be noted that such neglect based on a patriarchal system of functioning makes the inclusion and participation by Muslim women in the various government schemes that much more difficult even impossible. They continue to be singled out for being Muslim in public places and the men in their own community don’t consider it necessary to include them in social interactions either! This leads to Muslim women becoming voiceless faceless persons. This is a complex reality which needs serious attention and resolution with a long-term perspective.
Very importantly, the Sachar Committee Report has noted the strong desire and enthusiasm for education among Muslim girls. Our interaction with women during the course of our work confirms this positive upsurge. There is a great desire and enthusiasm amongst parents, both mothers and fathers, to send girls to modern schools and even English medium schools.
Legal Marginalization of Muslim Women
On the 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. Lack of legal recourse and discrimination is a very important aspect that calls for correction while addressing the citizenship rights of Muslim women. Thanks to the way the Muslim personal law is understood and practiced in India the situation concerning the legal rights of Muslim women is mired in ambiguity, obfuscation and gross apathy at the least! The absence of a comprehensive codified personal law often results in the Muslim woman suffering in matters of divorce, alimony, polygamy, custody of children, property etc. The Shariat as practiced currently in different parts of the country is subject to multiple interpretations and misinterpretations which more often than not are unfair to women. Often the injunctions of the Holy Quran are violated in the name of Shariat; widespread incidence of triple talaq is the commonest example. Unfair practices pertaining to mehr, divorce, alimony, child custody, property are all passed off in the name of Shariat. It is anybody’s guess as to how many ordinary Muslims understand the spirit of the Holy Quran or its underlying principles of gender justice! It is not difficult to guess as to what is the perspective and understanding of some of those men dispensing justice in Shariat courts across the country! Most times the verdicts in family matters end up being unfairly pro men and anti-women. This can hardly be said to be based on Quranic injunctions!
The Indian sub-continent is home to a wide diversity of Muslims. There are two main sects amongst the Muslims; they are the Sunnis and the Shias. The Sunnis are further divided into four schools of jurisprudence: the Hanafi, Shafi, Hambali and Malliki. The Shias are further sub divided into Ismailis, Bohra, Ishnaashari. The Bohras are further sub divided into Dawoodi and Sulaimani. And thus, it goes on into further sub sub-sects. Apart from this there are regional groups like Memons, Malabaris, Qureshis’, Ansaris, Pathans, Halais etc. All of these groups are governed by their group or jamaat’s understanding and interpretation of Shariat, especially the Shariat law concerning family matters6. Though diverse, all interpretations have one thing in common that they are extremely patriarchal and always understand law to be on the side of the man. This heterogeneous community was never ever united under one Shariat, neither in the times of the Mughals and nor in the 21st century. In fact, women have always been denied their Quranic rights such as right to property and inheritance, right to divorce, right to matrimonial home etc. by invoking the Shariat. By falsely justifying arbitrary interpretations, women have been consistently denied their rights clearly stated in the Holy Quran.
Shariat or Islamic law is man-made; an impression has been wrongly created that Shariat is divine. Protection of such divine Shariat has been made a convenient pretext for centuries to continue unjust practices such as triple talaq and to deny women their rights.
The current predicament of the Muslim women can be traced back to the events of the Mutiny of 1857. The British successfully crushed the joint struggle of the Hindus and Muslims against its rule by initiating the policy of divide and rule. They very consciously initiated policies for the political and economic marginalization of the Muslims from whom they had usurped power. During the British rule the Indian male reformers pressurized the British to introduce legislation in favour of women. The women were not in a position to demand any changes in their situation due to lack of education, mobility and awareness. Once the legislations were in place the women anyway were hardly in a position to make use of the laws. These reforms impacted all women but were mainly legislated keeping in mind the Hindu women as they were disallowed widow remarriage, child marriage was rampant, and women were denied rights in property. When the reforms for Hindu women took off it put the Muslim leadership under pressure to introduce the same for Muslim women and hence the passage of the Shariah Application Act, 1937 and Dissolution of Muslim Marriage Act,1939.
By independence and as a result of partition the community was reduced to extreme poverty and destitution divest of itsprevious power and glory. Post-independence too, the leadership of the community, the clergy, who supported the Congress during the independence struggle, committed their support provided it did not interfere in the Muslim personal law and other institutions. With partition of the country the Muslim middle class migrated to Pakistan. Those who remained behind turned out to be self-seeking leaders who did not take any concrete measures to improve the conditions of the community, least of all the personal law. The Muslim community came to be governed by innumerable secular laws but it continues to resist even Quranically approved changes in the Shariat. The State policy is non-interference in matters of Shariat even though the Muslim women have suffered due to its non-implementation. Thus, the most important and most politicized and most neglected has been the legal reforms for women.
Traditionally, the state agencies and the political parties have displayed a mindset about the clergy being the true and sole representatives of the Muslim community. Certain vested interest groups have planted themselves to occupy this thin but extremely significant space. Needless to say, these groups are not only male but also patriarchal to the core. This is highly problematic as any matter pertaining to justice within family is appropriated by agents of this arbitrary arrangement. As a result, the progressive and gender just aspects of the religion are forced out of sight. Any matter pertaining to Muslim personal law becomes the sole and arbitrary privilege of a few to decide. There is no attention on the spirit of justice and fairness that embodies the teachings of the Holy Quran ! This situation must change.
Indian Muslims are a diverse community comprising various sections of society. Only one section cannot continue to speak for all. And this section cannot forever exclude women. Interpretations furthering justice and fairness need to be popularized. These principles need recognition from both the government and the so-called community leaders.
Existing Shariat Laws in India
It is important to briefly dwell upon a few aspects concerning Shariat in Indian context. When it is said in a manner of speaking that Indian Muslims are governed by Shariat in matters of personal laws what does it actually mean. Indian Muslims do not have codified Shariat laws that adequately address all aspects concerning marriage and family matters. Experience shows that the existing legal framework is far from adequate when it comes to upholding rights of women granted by the Holy Quran.
Islam’s textual sources (the Qur ’an and Sunna, the practice of the Prophet) are the source of Muslim ethical values and norms. They have been articulated, since the beginning, mainly by Muslim scholars. Central to these values, and to the philosophy of law in Islam, is justice, which the classical jurists endeavoured to translate into legal rulings. But the rulings that have come down to us rest on pre-modern conceptions of justice, gender and rights, which entitled individuals to different rights on the basis of faith, status and gender. These rulings continue to be regarded as the established interpretations of the Shari‘a. In the course of the 20th century they came to be confronted by modern conceptions of justice and rights, and the ideals of universal human rights, equality and personal freedom. In this encounter some Muslims came to see these rulings as unjust and discriminatory and the textual sources on which they were justified as hypocritical, or at best contradictory. This is true in the Indian context where the Muslim women’s quest for justice is viewed with scepticism or even hostility. By recognizing only the conservative religious voice the democratic state has failed in enabling fair representation for all sections of population including women. The conservative sections are unaware and unconcerned about the issues of Muslim women and therefore, they cannot continue speaking for them. Further, Muslim women and girls are facing several challenges of safety, security, survival and dignity in modern times. They are gradually learning to cope with these challenges. The solution cannot be that of confining them to homes for their own safety and well-being. They have aspirations like any other sections of citizenry and it is binding for both the government and the community to recognize and support their concerns. Muslim women cannot forever live with the threat of instant oral unilateral divorce, or meagermehr[dower] or polygamy or halala or post-divorce economic uncertainty. These must be resolved by evolving a just and fair legal framework based on the principles of the Holy Quran.
The British government enacted the Shariat Application Act [SAA], 1937 which was an attempt at applying Shariat law and not customary laws to the Muslim community. The Act states that the Muslim community will be governed by the Shariat and not customary laws. The Muslim women at least by law had the right to divorce, right to remarry after divorce or widowhood, had right over property. But her legal rights were eroded by customary practices. Hence a need was felt for legislative changes. This passage of SAA would in some way restore her legal rights. This law was welcomed by Muslim women and other political leadership of the community at the time as it served to unify the community under one law. While it gave rights to Muslim women, it also took away by a mischievous amendment by Mohammed Ali Jinnah. The Act mentioned that the Muslims will be governed by the Shariat ‘notwithstanding custom, usage and law’. Which means whatever may be the customs, usage and law, the Shariat will apply. Jinnah amended the Act by removing the word ‘law’. In other words, Shariat will not apply if there is a prior law existing. This amendment was made to excuse some trading communities who had legislated that women will not inherit from their property. If the SAA would have been passed without the amendment then these communities would also have been forced to let their women inherit. Jinnah pandered to the demand of the trading class and harmed the cause of Muslim women after initially supporting the bill. He later sought amendment which was implemented thus making women’s rights subservient to the men.
This Act simply states that Indian Muslims will be governed by Shariat, full stop. It does not specify anything any further. It does not list the various contents of the Muslim personal law. It merely states that Muslims will be governed by their Muslim personal law. This doesn’t help anyone, leave alone women. In practice followers of different schools of thought continue to apply their own varied understanding and interpretation of the Shariat. There are, therefore many conflicting views on several significant issues especially those concerning divorce. The irony is that each view claims to be based on their respective interpretation of the Shariat. And the practice of unilateral oral divorce continues. One cannot see much advantage of the SAA, 1937 except for the fact that it tried to bring the Muslim community under one law. The fact that different sects and communities are left to interpret and apply their own rules keeps the question of gender justice hanging as the interpretations continue to be patriarchal in a male-dominated set-up. It brings home the fact that Muslims in India have not made a serious attempt to codify diverse practices of the different schools of thought. Several Muslim countries have codified their laws and tried to ensure justice to women. Several socio-religious communities in India including minorities have codified personal laws as per their religious texts, but the Muslim community continues to lag behind.
The Dissolution of Muslim Marriage Act (DMMA) was passed in 1939 and it gave a Muslim woman the right to seek dissolution of her marriage on nine specified grounds. This is the only legislation enacted by the British, which introduced a substantive codification of the divorce law. The Muslim personal law as practiced in the early 20th century did not offer any ground on which a woman could dissolve her marriage. The right to divorce was absolutely in the hands of men and they exercised it at their own will. There was no legal means by which a woman could free herself from a bad marriage. To remedy this situation, there were instances of women converting to other religion. Since marriage of a Muslim and a non-Kitabiya [Kitabiyaare those on whom a book has been revealed] is not legal according to Muslim personal law, a marriage, where the woman converted, became invalid. The DMMA was thus passed, not because men who made laws were sensitive to the needs of women but because Muslim leaders feared conversion of ‘their’ women to other religions. This Act was uniformly applicable to all Muslim women of all sects. It shows that despite the diversity of sect and practice, a uniform codification is possible if the political will exists within the community.
However, the Act though benefited women was indeed piecemeal. It only lays down the grounds on which women can seek divorce. It does not lay down any procedure or a time frame within which she can get a divorce. The man can divorce his wife without assigning any reason and even in her absence. He may or may not approach the court or any authority to seek divorce. The Act does not question or restrict the man’s unbridled right to oral triple divorce. It deals only with divorce and not with related matters such as maintenance, custody of children, payment of mehretc. For these matters, the woman has to file separate cases under other laws, sometimes in other courts. This law is a welcome measure but it needs more elaboration and matters under its purview. Our findings clearly indicate that it has not stopped Muslim women from being divorced unilaterally and instantly.
The Shah Bano Case is one of the most significant lawsuits in the history of Indian judicial system. The case pioneered the Muslim women’s fight for justice over right to claim alimony.
The Shah Bano case was one such instance that went beyond the rulings of the All India Muslim Personal Law Board that enjoys the authority to judge over disputes concerning marriage, gifts, inheritance, adoption and such. Though the procedure of Muslim divorce differs from one Islamic sect to another, in practice the husband can terminate a marriage by declaring ‘Talaq’ three times to his wife in the presence of witnesses. The marriages are being dissolved even without the consent of the wife or at times even without the presence of witnesses.
Shah Bano, a sixty-two-year-old woman was given ‘talaq’ by following the procedures of the conventional Muslim personal law. After she was given divorce, she had no means to support her children and moved to the court to claim the alimony from her husband. It took seven years for the case to reach the Supreme Court, which on several hearings ruled in her favour. Under Section 125 of the Criminal Procedure Code the court announced that Shah Bano be provided maintenance by her ex-husband with an upper limit of Rs 500 a month. This very decision of Supreme Court instigated a political uproar across the country. The minority community threatened to start agitations. The Congress government, being conscious about the imminent elections succumbed to the pressure of orthodoxy. The Muslim Women (Protection of Rights on Divorce) Act 1986 was passed with the 2/3rd majority by the Parliament. According to the Act the husband is liable to pay the alimony during the time of iddat or for the span of three months after the divorce. In case the divorced woman has no close relatives to look after her or she is incapable in paying her own maintenance, the magistrate has the right to order the State of Waqf Board to take up the responsibility of providing support to the woman and her children.
Clause A in Section 3 (1) of the Act, says that a woman can claim “a reasonable and fair provision and maintenance to be made and paid to her within the iddat period by her former husband.’’ Though the Act came under intense criticism, as for instance the BJP opined it to be an act of ‘appeasement’, the inclusion of the phrase ‘a reasonable and fair provision and maintenance to be made’ in the Act does give enough space for the Muslim women to fight for a hefty sum of money after the divorce.
In 1986, following the controversy in the Shahbano case, the Muslim leadership in India held that Criminal Procedure Code 125 amounted to interference in their religious matters. The government of the day under Prime Minister Rajiv Gandhi buckled under pressure from so-called Muslim leaders who demanded disqualification of the High Court order providing Shah Bano, a Muslim woman a meagre maintenance amount under the provision of the Criminal Procedure Code 125. The Parliament instead enacted the Muslim Women (Protection of Rights on Divorce) Act, 1986. This Act was passed to neutralize the High Court judgment asking Shah Bano’s husband to provide maintenance to her and to appease the orthodox Muslim religious leadership of the day.
The Act shifts the responsibility of maintenance from the husband to the relatives and the WakfBoard. The husband knows that if he does not provide maintenance, he could still control and harass his divorced wife to beg at different places for maintenance. The husband takes responsibility for the children till they are 2 years of age. After that the responsibility falls on the wife to claim maintenance. In order to claim further maintenance from the husband she has to again approach the civil court. This negates the legal right of the child to be maintained by her/his father and absolves the father of responsibility beyond a certain period. The provisions of the Act are patently violative of the fundamental rights to equality, equal protection of laws and nondiscrimination on the ground of religion, as guaranteed by the Indian Constitution to all citizens. Since then there has been no effort either by the State or by the community to revive the process of gender-just reforms inMuslim personal law.
Current Initiatives of Muslim Women
The three laws stated above exist in India in the name of Muslim personal law. But as is evident, these are highly inadequate in enabling justice for women in the matters of marriage and family. There is no codified law that covers all aspects of family and marriage matters. Consequently, Shariat courts by different names are run across different states as per subjective understanding of Shariat and the Holy Quran. In a male dominated world woman continue to be barred from approaching these. As a result, most of these courts tend to dispense justice in a one-sided manner and most often in the absence of the wife and her relatives.
Besides, the Muslim law being followed by these bodies is not homogenous and its provisions vary according to the different sects and sub-sects. Further it is an amalgamation of customary law and practices, statutory law and interpretations of the verses of the Holy Quran. So, while a Muslim woman is required to go to the court to seek divorce a Muslim man is not required to do so, he can pronounce divorce thrice and terminate the marriage contract instantly and unilaterally. The presence of wife or witnesses is not required. While gender-just reforms within Parsi and Christian matrimonial laws are affected with the initiative of the community and support from the State, it is a stark reality that there exists no political will to bring about reforms in Muslim personal law that would benefit the women.
In Muslim society there are multiple implementing agencies that dispense justice. There exist Shariat courts, Qazis, Muftis [religious clerics], jamaats [sect arbitration councils] that also take in cases of family dispute. These bodies are readily accessible and have closer contacts with the community unlike the secular court structures, which are expensive, inaccessible and time consuming. Though accessible they are dominated by men who arbitrate and settle disputes, which more often than not go against the interest of the women. These individuals and institutions have adopted patriarchal, conservative and anti-women interpretations of the religious texts. In some cases there is little recognition of the Indian Constitution and the values of justice and equality. These courts are mostly approached by men as most of these places may not be women friendly. However, Muslim women do approach Shariat courts regularly with the help of male relatives if not directly. Experiences at the ground show that women also approach family courts and other localized State run legal structures but the time and money required to pursue the case is beyond the reach of most women. Poor economic condition and lack of sustained resources necessary to approach legal mechanism prevents them from going to court.
As is evident in the narrative above that the Muslim family law is piecemeal and disjointed with no effort from the community or the state to make it comprehensive. There is also no monitoring or review of male dominated extra judicial bodies for dispensing justice. As a result, Muslim women are left with no choice but to suffer the injustices done to her.
There is no law and there is no place to seek justice. She forever struggles with issues of gender justice on the one hand and popular interpretations of religious tenets on the other. The time is never right for a Muslim woman to raise her concerns. Her questions are always subsumed under the larger interest of the community. It is hoped that with increasing awareness and mobilisation of Muslim women, she will be able to speak and make her voice heard by the people in power.
The BMMA’s efforts in the last twelve years have been to create a mechanism for gender justice in marriage and family that has not existed ever in the country. It has been an effort to reclaim those spaces where a Muslim woman feels and believes that she will get justice. It has been an effort to fill in this legal vacuum within the community which does not think about its women. It has been an effort to lay claim on the Constitutional and Quranic rights which have eluded Muslim women for many decades now. The formulation of the draft Muslim family law and the establishment of the AuratonkiShariat Adalat are attempts which convey that Muslim women want to lead themselves and address their own issues through a constructive plan of action. Instead of crying and cribbing and constantly demanding from an insensitive community and an equally insensitive state, Muslim women have sought to be creative and enterprising, constructive and positive and thus have created spaces and structures to support themselves.
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 earnestly in advance 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.
ABOUT THE RESPONDENTS
The said study was undertaken 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.
The women surveyed fall between the age of 18 years to 56 years. Of the total 505 women surveyed 21% of then fall in the age group of 18-25 years, 35% of the women surveyed belong to age group of 25-35 years and 30% of the women belong to the age group 36-45 years and 14% are over the age of 45 years.
Of the total 505 women surveyed 79% i.e. 402 women are homemakers. 13% i.e. 64 of the women surveyed worked in the service industry and 8% i.e. 39 women worked in the informal sector. This indicates that very few Muslim women are part of the workforce that gives them economic independence. This also reflects in their annual income which is very low. Of the total 505 women surveyed 27% i.e. 135 women annual family income is below Rs.35K, nearly 55% i.e. 278 family annual income is between 35K-50K
Out of the 505 women surveyed 428 were married at the time of the study. 42 have been divorced. 30 have been widowed and 5 have been abandoned.
41% of the women surveyed had 1-2 children, 25% of the women had 3 children, 28% of the women had children between 3-6 children and 2% of the women have more than 6 children. 4% of the women had no children. This study once again proves that the birth rate amongst the Muslims is gradually decreasing. We see many families not having more than 2-3 children. May not be very substantial but 2 % of the women have adopted children from their family members or relatives.
MARRIAGE
Consent
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.
Age of 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.
Demand for dowry
Surprisingly only 12% of the respondents said that there was no demand for dowry which is a good sign.
Nikaahnama
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.
Meher
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 all those who received it, 38% got it in cash, while another 13% i.e. 68 women said that they received meher in the form of jewellery, 1% i.e. 3 women received meher in the form of property.
Meher is the right of women but she does not get to decide the amount. Only 3% of women said they got to decide the amount. It was largely her family that decided the meher amounts received, the parents themselves quoted smaller amounts mainly due to ignorance, pressure from the groom’s family / relatives / qazi and the current trend of Meher as per the society/region or other reasons. 18% of the women don’t even know who decided the amount. The parents and the in-laws are the major deciding members of the meher amount, other than them the relatives and Kazi also play some role in determining the meher amount
DIVORCE
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.
Of the divorce women only 14% i.e.6 of the women received compensation at the time of the talaq whereas 86% i.e. 36 of the women said they did not get any compensation.
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
MAINTENANCE
Out of those who are currently married [428], 376 said that they are being provided with maintenance by their husband. 53 women reported that they do not get any financial support from their husband.
Out of those 376 women who said that they received maintenance, 279 were happy with the amount. The rest who did notfind the maintenance sufficient, many either worked themselves to support children and family or have been financially supported by their own parents. There are some who also survive on charity.
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.
DOMESTIC VIOLENCE
Domestic violence is an epidemic. Out of the 505 women surveyed, 217 women said that they have been subjected to violence. 163 women said if they wanted to report violence, they would first approach the parents and elders in family. The rest preferred police, Qazi, court, NGO to report violence.
ALL INDIA MUSLIM PERSONAL LAW BOARD
89% of the respondents had not even heard about this body.
PROPERTY
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.
VIEWS 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 whereas 14% said the husband should be put behind bars and yet 20% said he should pay penalty. 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. As per the study 87 % i.e.438 of the women said that the meher amount must be decided based on the husband’s share in the income/profit whereas 9% said it should be based on the family income/profit if the husband is not having a regular salary. These figures show that Muslim women is thinking about her financial security.
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.64 % i.e.324 of the women said that even if the first wife is unable to conceive even than a man should not be allowed to marry more than once.The study clearly states that 79% i.e.398 of the women said that the man should not be allowed to re-marry even if she is a widow. 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 womenis 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. A large number [96%] felt that arbitration must be made mandatory before the divorce is finalised. The study clearly states that 96% i.e.484 of the women confirmed that arbitration should be made they mandatory before divorce is finalised.
On inquiring deeply, 45% i.e.226 of the women wanted that 3 months should be the process for arbitration, 28% i.e.143 women said the process of arbitration should be for 6 months. This indicates that women do not want marriage to be terminated instantly. There has to be a process of arbitration aiming at reconciliation. Only when that fails that divorce proceedings must begin, which is also the process given in the Quran.
We are aware the role played by Qazis in creating havoc in the lives of women. Many divorces have happened instantly only because the Qazi has allowed it to happen. There is never any attempt by them to hear the women’s side of the story. This gets reflected in the way women have responded to our inquiry about the Qazi. 92% i.e.463 of the women agreed that the Qazi who sends notice of unilateral divorce should be punished. He is probably more responsible than the husband in facilitating the termination of the marriage.
Women on being explained the process of divorce given in the Quran agreed instantly that this method of divorce, called the Talak-e-Ahsan method must the legal method of divorce. 94% i.e.473 of the women agreed that the legal method of divorce should be Talaq-e-Ahsan. Another Quranic method, Talak-e-Mubarah, which is divorce by mutual consent, must also be the preferred method of divorce. This a mutual consent divorce where none of the parties dispute the demand of the other to terminate the marriage. The study clearly states that 97% i.e.490 of the women agreed to Talaq-e-Mubarah being part of the legal process of divorce.
It is also an accepted practice that if a woman demands divorce, which is the khula, she has to forgo her meher. Muslim women have challenged this practice. And in this study, 70% of the respondents say that women should not forgo her meher. Our experience also shows that women demand divorce only when she has been troubled beyond her capacity to bear and the husband refuses to keep her happy nor does he want to give divorce.
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.
Adoption
Muslim family law does not allow adoption of children and if they are at all then the child cannot become a legal heir to the property of its parents. We wanted to seek the views of Muslim women in Maharashtra on adoption. The study revealed that 86% i.e. 435 of the women had no idea that a Muslim couple cannot legally adopt a child. 93% had no idea why that is so. 84% were also not aware that even if they adopt a child, he/she cannot legally be the natural heir to your property. And yet at the same time 92% strongly felt that adoption should be made legal and the couple must be allowed to make the child a legal heir.
Views on Codification of Muslim Personal Law
Of the 505 women surveyed only 11% i.e 58 women were aware that India did not have a Muslim personal codified law. The rest 89% of the women don’t know that Muslims in India do not have a comprehensive personal law toprotect their legal rights within the family
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. 96% of the respondents wanted the government to fulfil its constitutional responsibilities. Not just state but the Muslim women want the religious leaders also to support her in her struggle for justice. The study clearly states that 87% i.e. 441 of the women affirmed that the religious leaders should support the women’s demand for codified Muslim Personal Law.
If there is a law in place every stakeholder in the community and otherwise will be obliged to follow the law. Problems today occur because there is no law and each is free to do what he wants. A law passed by the Parliament gets a statutory status and it becomes the responsibility of everyone to follow the law. On same lines 92% i.e.464 of the women affirmed that Qazi and the DarulQazas must obey and implement the law passed. The study also reiterates that the government must take the responsibility of making and implementing the Muslim family law.
Qazis have all along played a dubious role in harming the cause of women. Their support for practices like triple divorce, polygamy, halala, underage marriages have ruined so many families and turned so many women into destitute. The study states that 96% i.e.484 of the women affirmed that the government must monitor and regulate the work of the Qazis. More and more aware and sensitive women must become Qazis so that the alternative vision of justice within family prevails. 97% i.e.492 of the women affirmed that Muslim women should provide legal aid and support to other Muslim women.
Analysis of the Survey Data
Personal Information
Age:
The women surveyed fall between the age of 18 years to 56 years. Of the total 505 women surveyed 21% of then fall in the age group of 18-25 years, 35% of the women surveyed belong to age group of 25-35 years and 30% of the women belong to the age group 36-45 years and 14% are over the age of 45 years.
Profession:
Of the total 505 women surveyed 79% i.e. 402 women are homemakers. 13% i.e. 64 of the women surveyed worked in the service industry and 8% i.e. 39 women worked in the informal sector.
Annual Family Income:
Of the total 505 women surveyed 27% i.e. 135 women annual family income is below Rs.35K, nearly 55% i.e. 278 family annual income is between 35K-50K
Sect:
Particulars
|
Count
|
%
|
Shia
|
9
|
2%
|
Sunni
|
496
|
98%
|
Grand Total
|
505
|
100%
|
As per the data collected, it was observed that 98% i.e. 496 of the women surveyed belong to the Sunni Sect and the rest belong to the Shia sect.
Caste:
It was observed that 39% i.e. 194 of the women surveyed belong to the higher caste i.e. Sayed, Khan, Pathan where as 14% were OBC caste and 17% were Dalits. 30% of the women were not aware of their caste.
It was observed that 79% i.e. 400 of the women surveyed belong to the Sunni Jamaat followed by 9% of the women belonging to the Deobandi Jamaat. Twowomen belonged to Barelvi-1%, Wahabi - 4%, Ahle-Hadees - 3%. 4% of the women do not know which jurisprudence they belonged to.
Marital Status:
No of children:
As per the chart 41% of the women surveyed had 1-2 children, 25% of the women had 3 children, 28% of the women had children between 3-6 and 2% of the women have more than 6 children. 4% i.e. 19 of the women said they have no children.
Children adopted:
Marriage related Questions
11. Was your consent sought before marriage?
12. What was your age at the time of your marriage?
13.Was there demand for dowry?
14. Do you have your copy Nikaahnama
As per the chart 45% i.e. 225 of the women surveyed said that they did not have their nikaahnama, 56% i.e. 280 affirmed that they had their nikaahnama.
15. If not, then reason
As per the table 75% i.e. 379 of the women surveyed said that had not read the nikaahnama before signing. Only 25% of the women said they had read the nikaahnama before signing.
17. How much Meher did you receive?
18. Are you happy with the amount of Meher?
19. When did you get Meher?
20. How did receive the Meher.?
21. Who decided the amount of the Meher?
As per the survey it was realised that only 3% of the women said that they had some say in the fixing of the meher amount. The parents and the in-laws are the major deciding members of the meher amount, other than them the relatives and Qazi also play some role in determining the meher amount.
22. Where you requested to exempt the Meher?
As per the table it is observed that 25% i.e.128 of the women agreed that there was a request to exempt Meher.
23. How many times have you been married?
As per the table it is observed that 95% i.e.480 of the women have been married once and 5% i.e. 24 of the women were married twice and only 1 woman had married three times.
24. After how many years of the marriage did the talaq take place?
As per the table it is observed that of the 8% of the women were given talaq of which 2% i.e. for 10 women divorce took place in the first year of the marriage and of the remaining 6% divorced women 3% i.e. for 13 women divorce took place after 20 years of the marriage.
25. Who wanted the divorce
As per the table it is observed that 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
26. At the time of divorce did you receive any compensation?
27. How did the divorce take place?
28. Where did the divorce take place?
29. Are you a victim of halala?
Maintenance
30. Does your husband support you financially during your marriage?
The chart shows that 75% i.e. 376 women agreed that their husband provide for the financial expenses whereas 10% i.e.53 of the women disagreed. 15% women said it was not applicable as they are either a widow, divorced, abandoned, separated or unmarried.
31. Is the maintenance amount sufficient?
The chart shows that 55% i.e. 279 women affirmed that the maintenance provide was sufficient whereas 19% i.e.97 of the women did not feel it was insufficient.
32. If not sufficient, then
33. If divorced, what is the source of maintenance?
34. If divorced, who has custody of children?
35. If divorced, who nurtures and looks after the child?
The table shows that 2% i.e.10 women nurtures the child, 5% i.e.27.women said that their parents have the responsibility. Only 3 said that their in-laws (1) and other (2) helps in nurturing of the child. 92% said not applicable.
36. If widowed, how you get the income?
Domestic Violence
37. Have you ever faced domestic violence?
As per the chart 43% i.e. 217 of the women said that they had experienced domestic violence.
38. If you want to report domestic violence, where will you go?
39. Have you heard about AIMPLB (All India Muslim Personal Law Board)
As per the table only 11% i.e.56 women had heard about the AIMPLB whereas the majority 89% i.e.449 women had not heard of AIMPLB.
As per the table only 16% i.e.80 women have property in their name whereas the majority 84% i.e.425 women said that they did not have a property on their name.
41. If yes, who has given this property?
The table shows 9% i.e. 44 received property from their husband. 4% i.e. 21 women said their parents had gifted them the property and 3% got it out of their earnings.
Of the 80 women that is nearly 50% i.e. 38 of them had property that was worth less than 5 lakhs. Only 2 women said that they had property worth 40 lakhs.
Only 15% i.e.75 women affirmed that the current house that they are staying is in their name. 85% of the women reply in the negative.
Part II : Views of Muslim Women
44. What should be the age of marriage for women in the Muslim community?
45. What should be the age of marriage for men in the Muslim community?
46. When should a Muslim woman get her Meher?
In the study 90% of the women felt that the Meher amount should be decided based on the income and property of the groom.
48. If Meher is not received at the decided time, what should be done?
49. Should the Meher amount be equivalent to the groom's yearly income?
50. If the bridegroom is a businessperson or a farmer then how should the Meher be decided?
51. During the subsistence of your marriage, would you allow your husband to marry another woman?
52. Should the law allow more than one marriage?
53. With the permission of first wife should more than one marriage be allowed?
The study clearly states that 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.
The study clearly states that 64 % i.e.324 of the women said that even if the first wife is unable to conceive even than a man should not be allowed to marry more than once.
56. During the subsistence of her first marriage should the woman be allowed to remarry?
57. Should the husband seek the permission of the court before the second marriage?
58. Should the husband’s second marriage be allowed only to widows?
59. Should the permission for second marriage be given if the population of women is more than man.
60. The government has put a legal ban on the practice on unilateral divorce. Do you think it’s right?
61. The government is planning to implement 3 years imprisonment to men who unilaterally divorce their wife. Do you think it’s right?
The study clearly states that 96% i.e.484 of the women confirmed that arbitration should be made mandatory before divorce is finalised.
63. How long should be process of arbitration?
64. Should the Qazi who sends notice of unilateral divorce be punished?
65. Should the woman forego her meher if she is demanding khula?
66. Should the legal method of divorce be Talaq-e-Ahsan?
67. Should Talaq-e-Mubarah be the part of the legal method of divorce?
The study clearly states that 97% i.e.490 of the women agreed to Talaq-e-Mubarah being made part of the legal process of divorce.
Custody
68. In the event of divorce who should retain the custody of the child/children?
69. Should the custody of the son continue to remain with the mother even after the son turns 7 years?
70. Should the custody of the daughter continue to be with the mother even after puberty?
71. If the custody of the child/children is with the mother, should she claim maintenance from the ex-husband?
72. In the decision of the custody of the child/children, should the child’s permission be taken?
Adoption
73. Are you aware that a Muslim couple cannot legally adopt a child?
74. Are you aware of the reason why Muslim couple cannot adopt a child?
75. Are you aware that if you adopt a child, it cannot be a legal heir to your property?
.
76. Do you think that adoption of a child should be made legal?
The study clearly states that 90% i.e. 456 of the women think that the adopted child should be the legal heir to the property.
Views on Codification of Muslim Personal Law
78. Are you aware that in India Muslim Personal Law is not codified?
79. Are you aware that in other Muslim countries the Muslim Personal Law is codified?
80. If the government codifies the Muslim Personal Law do you think women will get justice?
81. Should the Indian government help the Muslim community to codify the Muslim Personal Law?
82. Should the religious leaders support the women’s demand for a codified the Muslim Personal Law?
83. Should the law experts and religious scholars support the Muslim women’s demand for a codified Muslim Personal Law?
84. Should the Qazi and the DarulQazas obey and implement the codified Muslim family law?
85. Should the Muslim family law be implemented by the government?
86. Should the Qazi’s work on legal aid be regulated by the government?
87. Should there be cooperation between the Qazi and the Courts?
The study states that 93% i.e.470 of the women said there should be cooperation between the Qazi and the courts.
88. Should Muslim women provide legal aid and support to another Muslim woman?
The study clearly states that 97% i.e.492 of the women affirmed that Muslim women should provide legal aid and support to other Muslim women.
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