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!!! 

INHERITANCE - UNDERSTANDING QURANIC MESSAGE AND CURRENT REALITY

DAY 28

INHERITANCE

What does Quran have to say about inheritance?

The Quranic verses are quiet straightforward on this issue, although world over, jurists and scholars agree that they are very difficult to apply in a situation which changes from family to family. 

Surah 4:11 says, Allah decrees a will for your children; the male gets twice the share of the female. If the heirs are women, more than two, they receive two thirds of the estate. If only one daughter is left, she gets one half. The parents of the deceased are each entitled to one sixth if he has left offspring. If he left no children and his parents are the only heirs, his mother gets one third. If he has siblings then his mother gets one sixth after the fulfillment of any will the deceased has left and after the payment of all debts. Your parents or your children – you know not which of them are nearest to you in benefit. [These shares are] an obligation [imposed] by Allah. Indeed, Allah is ever Knowing and Wise.

In simple terms, it says, 

• Sons receive twice the inheritance share of daughters.
• If the sole children are two daughters, they can inherit two-thirds of the estate.
• If there is only one daughter, she receives half the inheritance.
• If parents are alive, they each have an entitlement to one-sixth of the inheritance if there are children.
• If there are no children and the parents are sole heirs, the mother receives one-third and the father takes the remainder.
• If there are no children, but the deceased has siblings, then the mother received one-sixth.
• All of this is contingent upon what remains after payment of funeral costs and debts.

Surah 4:12 says:

And for you is half of what your wives leave if they have no child. But if they have a child, for you is one fourth of what they leave, after any bequest they [may have] made or debt. And for the wives is one fourth if you leave no child. But if you leave a child, then for them is an eighth of what you leave, after any bequest you [may have] made or debt. And if a man or woman leaves neither ascendants nor descendants but has a brother or a sister, then for each one of them is a sixth. But if they are more than two, they share a third, after any bequest which was made or debt, as long as there is no detriment [caused]. [This is] an ordinance from Allah, and Allah is Knowing and Forbearing.

In simple terms, it says, 

• Widowers receive 1/2 of the property if there are no children.
• Widowers receive 1/4 of the property if there are children.
• Widows receive 1/4 of the property if there are no children.
• Widows receive 1/8 of the property if there are children.
• If there are no ascendants (parents) or descendants (children), the siblings stand to inherit 1/6 of the property
• If there are two or more siblings, they share a third if there are no parents or children.

Surah 4:176 says:

“Allah gives you a ruling concerning one having neither descendants nor ascendants [as heirs].” If a man dies, leaving no child but [only] a sister, she will have half of what he left. And he inherits from her if she [dies and] has no child. But if there are two sisters [or more], they will have two-thirds of what he left. If there are both brothers and sisters, the male will have the share of two females. Allah makes clear to you [His law], lest you go astray. And Allah is Knowing of all things.

In simple terms, it says, 

• If a person passes away without ascendants or descendants (defined as a “kalalah.”), and only has one sister, the sister will inherit half of what is left.
• If a widow passes away without any children, leaving only one brother, the brother inherits the entire estate
• If a person passes away leaving only two sisters, the sisters will have 2/3 of the estate
• If there are both male and female siblings, the males will take double the shares of the female.

What about the 1/3 that can be willed? 

The above divisions have to be done after the following are cleared off:

• Paying funeral expenses
• Paying debts
• Distributing the discretionary Wasiyyah (up to one-third of one’s wealth)
• Distributing the remaining estate to heirs according to Sharia (known as the Mirath)

Why did BMMA feel the need to work on this issue; the Quranic verses are so clear on this, where is the scope?

This issue had to be looked into keeping in mind the ground reality. In the Indian context, parents generally believe that since they have given dowry to the girl in her marriage, there is no need to give her any share in the property. They also assume that since she will also be getting a mehr at the time of marriage, she is getting what might be due to her anyway. But it is important to delink the amount that she gets as mehr as mehr is the right at the time of the marriage and that comes from her prospective husband. Dowry in our context, we know, hardly belongs to the girl. In any case, in our draft law, we suggest that property rights must be delinked from her mehr and dowry. Also what happens to women who don’t get married or who don’t get a good mehr and who may not have any control over the dowry that she carries to her husband’s house? 

What does the draft law say on this issue? 

BMMA’s draft law says:

The distribution of property is to be done as per the Quranic verses mentioned above

• These are to be given after clearing debts, arranging funeral expenses and setting aside the 1/3rd part of the will to be given away as per one’s wishes. 
• Since the general principle of equality in the Quran is paramount, we suggest that the 1/3rd of the property which the owner can will it to anyone, is to be willed to the daughter who gets half of that of the brother as per the stated Quranic verse. 
• To equalize the daughters share with the son, the parents can make a gift-deed or HIBA for their daughters so that all offsprings get equal share of parent’s property. 
• The grandson or granddaughter can inherit from the grandfather/grandmother in case of the death of the intervening son.
• The wife has right to receive part of husband's property and an additional specified share in lieu of her housework contributing to the conjugal home and property creation. 

Why do you suggest this?

1. Women’s consciousness and awareness about their equality has increased. Why should she get less than her male counterpart? Each family situation is different in today’s context which is very different from the social, economic, political, legal context of 7th century Arabia. Men don’t necessarily support their parents, women don’t necessarily get married, both women and men may have their own source of income and more importantly a heightened sense of equality. 

2. More importantly the Quran specifies a minimum share given the context of low status of women then. it does not tell you to not to give more. A minimum is assured but a maximum, if it ensures equality and justice and fairness, the Quran would never stop you. 

Reference:

islamicwillsusa.com 

AURTON KI SHARIAH ADALAT, ARBITRATION CENTRES - CENTRES OF JUSTICE DELIVERY

DAY 27 

ARBITRATION THROUGH AURTON KI SHARIAT ADALATS [ASA]

Implementation Of The Legal Rights Of Muslim Women

Muslim family law as practiced in India is not codified, as a result Muslim women face injustice as judgments by qazis, muftis and shariah Adalats are given based on discriminatory shariah law which is in total contrast to the Quranic injunctions. Bharatiya Muslim Mahila Andolan [BMMA] felt the need not just to draft the law but to also set up structures by which justice can be dispenses. Arbitration was also made mandatory as part of the draft law of BMMA. 

According to BMMA’s draft law who is an Arbitrator? 

• Any person or organization can be an Arbitrator, provided they have an impeccable record of social justice. 
• This person or organization must be registered under this law to be able to function as an arbitrator. 
• The organization must also be registered under the relevant registration laws. 
• The organization must have least 50% women members, preferable Muslim women 

What are the duties and responsibilities of the Arbitrators?

• The Arbitrators can arbitrate on all matters mentioned in this draft law . 
• The Arbitrators must follow the rule of giving both the sides a chance to be heard. 
• The Arbitrators are mandated to keep a record of all proceedings during this process as well as a record of all decisions taken. 
• In case of a divorce, the Arbitrators should safeguard the rights of the women by listing them out on the divorce document and give true, original copy of the same to both the parties. 
• After following the principles of natural justice, a just and fair decision should be made by the Arbitrators on all matters mentioned in this law. 

Why did BMMA feel the need to set their own legal aid centres – Aurton ki Shariah Adalats {ASA}? 

BMMA’s ASA are the arbitration bodies which have been set up to provide legal justice to women. BMMA has been able to do this campaign on Muslim family law reform because it has a vast body of experience in dealing with cases of Muslim women facing discrimination due to oral divorce, polygamy, lack custody of children, lack of maintenance etc. As a natural progression of its work on law reform it had become imperative that they scale up their work by not just drafting the law but also creating structures to implement that law.  

BMMA then dovetailed its campaign on codification with a practical idea of setting up ASA which provided legal aid to Muslim women based on the provisions of the codified law which it has prepared. It was a natural progression for BMMA as it progressed from formulation and implementing model nikahnama, to formulating codified, Quran-complied family law, to setting up structures for implementing this law.

As is known that Muslim religious institutions have for long exercised their hegemony over the community and specifically over the women. They have formulated laws, they have misinterpreted the religious texts and they have set up institutions which are patriarchal, unjust, dogmatic and unIslamic. BMMA represents Muslim women’s aspiration to reclaim these spaces from Muslim patriarchal forces represented by Muslim men. BMMA represents Muslim women’s desire to not just formulate laws and wait for these patriarchal institutions to implement it but to create, sustain and nurture those institutions which will also implement these laws and are bound values of justice and equality. The drafting of a codified law and setting of the Shariah Adalats is in continuation of Muslim women’s engagement with its family law moving towards the goal of justice for Indian Muslim women.

What was the objective and rationale behind setting up the ASA?

The main concern of the ASA of BMMA is justice for the Muslim women. The formal court system is inaccessible, expensive, slow and bound by archaic rules and regulations. A poor woman does not have enough resources to hire a lawyer to fight her case. MSA are easily accessible, inexpensive, fast and women-friendly. They work as complimentary bodies to the formal courts and unlike the Shariah Adalats set up by religious groups, do not want to run a parallel system of justice. ASA works in conjunction and coordination with the formal court system.

The ASA of BMMA also do not challenge the existence of the Shariah Adalats run by the religious bodies. They do challenge the decisions which they take. The ASA works in close coordination with many qazis and muftis who are sensitive to the cause of women and support the legal aid of work on BMMA. 

Many amongst the religious groups, women’s organizations, lawyers have objected to the use of the word ‘Adalat’ used by BMMA. Well, what is an Adalat/court? 

To put it simply and without jargon, an Adalat/court is a place where people go seeking justice. Since the purpose of BMMA’s initiative is to enable justice delivery to the poorest Muslim women, they call themselves a ‘Adalat/court’. ASA of BMMA is an Alternative Dispute Resolution Forum the formation of which is mandated by Article 39A of the Constitution of the India. The authority to form ASA comes from the Constitution of the country which wants to enable justice delivery to the poorest of the poor. Also if the religious bodies can run the Shariah Adalats why can’t the Muslim women themselves? There is nothing in the religion nor in the law of the land which prohibits Muslim women to set up structures for better justice delivery?

The objectives of the Adalat is to provide legal aid to Muslim women based on the Quran-complied codified ‘Muslim Family Law’, to undertake activities to promote women-friendly nikaahnama prepared by BMMA and to create awareness among Muslim women and men about their legal rights of women in Islam

How are the justice cadres of ASA trained? 

The Muslim women who manage the ASA are well equipped to provide legal aid as they are the victims of a discriminatory law. The legal aid providers are well versed in law and they are also aware of the various strategies that are to be employed so that a harassed Muslim woman gets legal redresser. They have undergone training in counseling and work from a very strong gender perspective. The decisions of the Adalat are based on the rights of women enshrined in the Quran. They take recourse to all secular laws like the Anti-Dowry Act, Domestic Violence Act etc and they utilize the existing legal machinery like the courts etc to help women get legal aid. They will also use the justice implementation machinery like the police and work in coordination with qazis and muftis to help the litigant.

What basic principles of Muslim law guides the work of ASA? 

The ASA takes decisions based on the following Quranic guidelines:

• Triple oral/unilateral divorce is not acceptable
• Polygamy is invalid
• Whoever initiates the divorce will have to go through the process of talak-e-ahsan method of divorce.
• Women must get maintenance during her marital life from her husband
• Women must get maintenance after divorce as per the provisions of the Muslim Women’s Act, 1986
• All grounds of divorce mentioned in the 1939 Act are applicable to the women visiting the Shariah Adalat
• Halala is not acceptable at all
• No other restriction except remarriage during iddat period
• If the children are small the custody of the children will be with the mother
• If the children are the age of 7 whether boy or girl, they child will be given the right to decide.

It is hoped that in the near future, BMMA will be able to set up more such Adalats so that justice for Muslim women does not remain a distant dream. 

MAINTENANCE AND CUSTODY OF CHILDREN

DAY 26

MAINTENANCE AND CUSTODY OF CHILDREN

What are the provisions regarding maintenance during marriage?

Maintenance as per the draft law of BMMA, includes an entitlement to food, clothing, residence, educational and medical expenses and all other personal expenses of wife. Since there is no comprehensive codification of Muslim law, some parts of maintenance like the post-divorce maintenance got codified in 1986, while the maintenance during marriage is left hanging in the air. Hence it is important to legally pin down where exactly a Muslim woman should go to claim her maintenance during marriage. In the absence of a codified law, she is entitled to maintenance under the law of the land. 

• The responsibility of maintaining the wife and children, even if she has an independent source of income is with the husband. 
• During the process of arbitration, the maintenance of the wife and children will be the responsibility of the husband. 
• During the subsistence of the marriage, if the custody of the child is with the mother then the responsibility of maintenance of the child is with the husband.
• Procedure for obtaining maintenance from the husband during the subsistence of marriage is the same as enlisted in S-125 Cr.PC. 
• The widow has a right to maintenance and right to stay in matrimonial home.
• Maintenance during iddat period is the same as that provided during the subsistence of the marriage 

What are the provisions regarding maintenance after divorce?

• The provisions of maintenance after divorce are to be governed by the Muslim Women (Protection of Rights on Divorce) Act, 1986. 
• A divorced woman is entitled to stay in her matrimonial home.
• All matters related to dower, jewelry, household items, maintenance of the women and children, inheritance, custody, education of children, residence of divorced women must been amicably and fairly settled. 

What are the Quranic verses on maintenance?

• ...And on the child "s father (the husband) is their food and clothing... (2:233)
• And for divorced women is a provision according to what is acceptable – a duty upon the righteous (2:241).
• “And those who are taken in death among you and leave wives behind – for their wives is a bequest: maintenance for one year without turning (them) out. But if they leave (of their own accord), then there is no blame upon you for what they do with themselves in an acceptable way. And Allah is Exalted in Might and Wise.” [2:240]
• “Lodge them [in a section] of where you dwell out of your means and do not harm them in order to oppress them. And if they should be pregnant, then spend on them until they give birth. And if they breastfeed for you, then give them their payment and confer among yourselves in an acceptable way; but if you are in discord, then there may breastfeed for the father another woman.” [65:6]
• “Let a man of wealth spend from his wealth, and he whose provision is restricted – let him spend from what Allah has given him. Allah does not charge a soul except [according to] what He has given it. Allah will bring about, after hardship, ease.” [65:7]

What are the provisions regarding custody of children?

• According to this draft law, both mother and father are considered natural guardians of the child. 
• In the event of a divorce, regardless of who amongst the spouse initiates the divorce, the decision regarding the custody of all children (male and female) will reside with the mother until they reach the age of 10 when the child can decide for himself/herself. In any case it is the responsibility of the father to provide maintenance for the child. 
• After reaching the age of 10 the parent not having the custody can apply for custody of the child to an Arbitrator. 
• The consent of the child will be sought by the Arbitrators.
• The parent who has lost the custody of the child will get fair visiting rights. 
• Only if the child is not able to take a decision the Arbitrators shall take the decision based on the principle of the best interest of the child which includes the child's physical, emotional and economic security. 
• In the event when the custody of the child is with the mother, it is the responsibility of the father to financially maintain the child. 

What are the provisions regarding the custody of the children of widows?

The mother continues to be the natural guardian of the children after she becomes a widow. 

In the event that the child is not able to take a decision the Arbitrators while making a decision should keep the following guidelines in mind: 

• Consider the quality of the upbringing of the child till date 
• The health, education, physical and emotional safety of the child. 

What are the Quranic injunctions regarding custody of children?

There are not too many verses on the same but verse 2:233 suggests no parent shall be subjected to torture for his being the parent of child. 

"The mother shall give suck to their children for two whole years,(that is) for those (parents) who desire to complete the term of suckling, but the father of child shall bear the cost of mother’s food and clothing on a reasonable basis. No person shall have a burden laid on him greater then he can bear. No mother shall be treated unfairly on account of his child, or a father on account of his child. And on the (father’s) heir is incumbent the like of that (which was incumbent on father). If they both decide on weaning, by mutual consent, and after due consultation, there is no sin on them. And if you decide on a foster suckling-mother for your children, there is no sin on you, provided you pay (the mother) what you agreed (to give her) on reasonable basis. And fear Allah and know that Allah is all-seer of what you do"

In what event is the custody of the child is not lost? 

• It is not the case that the custody of the child will be lost if either parent changes its religion or if either parent remarries. It is not automatic that the mother or father will lose custody if they change their religion. 
• Nothing about child’s custody is automatic. 

Part - 3 HALALA, MUTA AND CONVERSION OF FAITH - NOT OFT DISCUSSED ISSUES

DAY 25

Part 3- HALALA, MUTA, CONVERSION OF FAITH

As the title suggests, BMMA’s draft law makes the following provisions on each of the topics.

What provisions are made in your draft law with regards to halala? 

• Woman and man who have had their marriage dissolved and wish to remarry each other, can do so by contracting a fresh marriage. 
• No woman can be compelled through force or threat to undergo a consummated marriage and divorce [halala] before she marries her former husband. 
• Any person who compels a woman through force or threat to do halala, shall be punishable with an imprisonment of three years and fine.
• Any person who solemnizes or acts as a witness to halala marriage, shall be punishable with an imprisonment of three years and fine.
• Any offence punishable under this Act shall be deemed to be cognizable and bailable. 

How does halala play out in the community?

This is a practice which BMMA volunteers have encountered multiple times. In fact in 2008, we had also done a public hearing in Lucknow where halala victims had come forward to recount their terrible experiences. In Mumbai, I have personally met a victim who was made to do halala 8 times, each time with a different man. Her husband kept divorcing her and taking her back after she was forced to do halala. She and many Muslim women think doing halala has religious sanction and even though they don’t agree with it, they do it, so that their marriage with their former husband has religious sanction. They think it is haraam to go back to your former husband without the intervening marriage. 

In a sting operation, BMMA volunteers in Mumbai, encountered a qazi who offered himself to do the halala nikaah for money. So he gets to have sex with a woman, where he gets paid! There are news of halala websites and religious groups in a developed country like UK who offer halala services. One can imagine what impressions non-Muslims carry about Islam!

Is halala not sanction by Quran?

The Quranic verses in fact suggest that if she has a divorce with husband and if she has remarried and even the second marriage also has ended in a divorce and if she wants to go back to her first husband, she can do so. Deviously, the religious group converted the second natural marriage and divorce as a requirement for her to go back to her first husband. 

The Quranic verses are:

2:230 says, if he divorces her, she shall not be lawful for him again until she has married another husband. If the latter divorces her, then there is no blame on them for reuniting, provided they think they can maintain Allah's limits. And then 2:232 says, when you divorce women, and they have reached their term, do not prevent them from marrying their husbands, provided they agree on fair terms. 

It is envisioned in these verses that the first and the second and then the first marriage are happening naturally, without coercion or fraud. The moot purpose of these verses is that if the second marriage does not work and if the woman feels that the first husband is the best bet, the Quran permits her to go back to her first husband. 

What are the provisions on Muta marriage, which involves a provision of in-built divorce at the time of marriage? 

• The draft law says that if a marriage gets dissolved automatically after a certain lapse of time whether it is mentioned in the nikaahnama or not is illegal. 
• No mention of a pre-determined date of divorce is allowed as per this draft law. 
• Any person compelling a woman to agree to a marriage with inbuilt divorce shall be punishable with an imprisonment of three years and fine.

Is Muta practice very rampant?

The issue is not whether it is rampant or not, but the fact that it occurs and violates all norms of gender justice. We have heard cases, especially in the southern part of India, where young girls are married to man who come from other countries for a brief period. In this brief period, which could be as brief as a week, they take sexual advantage of young girls. In order to legalize their sexual needs they do nikaah, pay a hefty mehr to the mostly poor family, and as per the provision in the nikaahnama, the marriage gets dissolved as mentioned in the nikahnama depending on the convenience of the man. This is prostitution, given the holy garb of religion and law. If it is put down on paper and if a holy verses are chanted, rape turns into a legal, valid and a religious transaction. 

And it goes against the vision of marriage in Islam?

Exactly. In Islam marriage is a solemn promise, agreement between two consenting adults to live a life of peace, love, care and dignity. And people use the very same religion to justify such heinous practices. And there is not even a mention of anything close to this in the Quran. 

Religious groups, especially Shia scholars, justify this practice based on the Quranic verse, 4:24 which says, ‘Permitted for you is what is beyond that, to seek women in return for your wealth, while you are muḥṣinīna, not committing fornication. Those of them in whom you find pleasure—give them their wages/dowers as set, and there will be no sin upon you concerning any agreement you reach among yourselves after the setting of the wages/dowers’

All the points mentioned in this verse, which they justify as muta marriage are actually conditions for a normal marriage:

• ‘Seek women in return for your wealth’ – Muslim marriages require mehr to be given. So this part of the verse refers to payment of mehr. 
• ‘while you are not commiting fornication’ - It is asking man to not have the intention to fornicate but be chaste and have the intention of a long term relationship. 
• ‘for those in whom you find pleasure’ - Finding pleasure is not temporary sexual pleasure but the pleasure of setting up a family and living in peace and contentment. [Quora.com]
• ‘no sin upon you concerning an agreement you reach among yourselves’ – Muslim marriage is a contract, an agreement between two people. 

So all 4 aspects of a Muslim marriage are mentioned here; giving mehr, entering an agreement, intention to remain chaste and finding pleasure in setting up a family in peace. And how these very aspects have been turned into justification for muta. 

Why was it necessary for you to include the aspect of conversion in the draft?

Since we are community based organization doing legal aid, we have encountered many different kinds of cases which are difficult to resolve legally simply because there is no legal provision. In the community too nobody wants to discuss shariah matters from a women’s perspective. Certain traditional decisions make the round and we have no option unless we come up with some decision that is gender just. In our experience many non-Muslim woman in order to marry a Muslim man convert to Islam. When they face issues within marriage, or if a divorce happens, or if the husband has disappeared, she is stuck in a religion/culture which does not come forward to support her. Her in-laws insist that they take back the children. Sometimes she is compelled to remain in the religion for the children. The purpose of conversion was the religion of the man and not really a commitment to the faith itself. This is not to say that all converted women, upon divorce or abandonment, want to go back to their original faith. Many are committed to Islam irrespective of what happens to the marriage. But what protection exists for women who after divorce or abandonment want to go back to her original faith without having to sacrifice her children? 

So what do you propose?

Custody of children should not be an automatic process. Even if the woman converts back to her original religion which is not Islam, she does not lose the custody of the children. A mother-child bond is beyond such boundaries. Each is a stand alone case but the larger principle remains which is that in a situation of a Muslim husband abandoning/divorcing his wife does not automatically take away her right over the custody of children, even if she chooses to go back to her former religion, which was not Islam. 

What about conversion automatically dissolving a marriage as happened in the 1930’s when Muslim women converted in order to come out of a bad marriage?

Our draft law says, renunciation of Islam by a married Muslim woman or man or her/his conversion to a faith other than Islam shall not by itself operate to dissolve her/his marriage. 

The dissolution of marriage must happen as mentioned in this draft law and as we have discussed in the previous articles. 

Part 2 - PROCESS OF DIVORCE OUTSIDE THE COURT - BMMA'S DRAFT PROVISIONS

DAY 24

Part 2 - DIVORCE OUTSIDE THE COURT

In this part, I will discuss BMMA’s proposed law where lays out the method of divorce which can happen outside the court. This method is to be followed by NGOs, Darul Qazas, Shariat Adalats. 

What are the different forms of divorce recognized by BMMA’s law? 

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

• Demand for divorce by wife [Khula/faskh]
• Demand for divorce by husband [Talaak]
• Divorce by mutual consent [Mubarah]

What are the general rules that need to be followed if the divorce happens through court? 

• In the event mentioned Khula/Faskh, Talaak, Mubarah the party demanding divorce will follow the Talaak-e-Ahsan method of divorce
• No rights of the wife are forfeited in the event of Khula, Mubarah or Talaak
• The wife has the right to refuse to stay under the same roof during iddat if she fears physical, mental and emotional harm
• The demand of khula by wife is not dependent on the consent of the husband. The Arbitrators shall have the power to terminate the marriage in the absence of consent of the husband in case of khula [faskh-e-nikaah].
• The procedure of Talaak-e-Ahsan also signify restitution of conjugal rights.

What are the grounds on which the divorce is to happen if it happens outside the court?

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

• Whereabouts of the husband have not been known for a period of two years;
• Husband has neglected and or has failed to provide for her maintenance for a period of two years;
• Husband has failed to perform, without reasonable cause, his marital obligations for a period of two years
• Husband has been sentenced to imprisonment for a period of two years or upwards;
• Husband was impotent at the time of the marriage and continues to be so;
• Husband has been of unsound mind for a period of two years or has been suffering from leprosy or a virulent venereal disease;
• If she was given in marriage by her father or other guardian before she attained the age of fifteen years, she can file for divorce whether the marriage was consummated or not. 
• Husband has, after the solemnization of marriage, treated her with cruelty; that is to say,

1. Habitually assaults her or makes life miserable by cruelty of conduct even if such conduct does      not   amount to physical ill-treatment, or
2. Associates with persons of evil repute or leads an infamous life, or
3. Attempts to force her to lead an immoral life, or
4. Disposes of her property or prevents exercising of legal rights over it, or
5. Obstructs in the observance of religious profession or practice, or

• Husband has maintained, after solemnization of marriage, sexual relations with persons other than his own wife;
• That due to irretrievable breakdown of marriage, life together has become impossible or intolerable;

What are the grounds for decree of dissolution of marriage by husband?

A man married under Muslim law shall be entitled to obtain a decree for the dissolution of his marriage from the court on any one or more of the following grounds, namely that the:

• Whereabouts of the wife have not been known for a period of two years;
• Wife has been sentenced to imprisonment for a period of two years or upwards;
• Wife has been incurably of unsound mind for a period of two years or has been suffering from leprosy or a virulent venereal disease;
• Wife has, after the solemnization of marriage, treated him with cruelty;
• Wife has maintained, after solemnization of marriage, sexual relations with persons other than her own husband;
• That due to irretrievable breakdown of marriage, life together has become impossible or intolerable;

What is the procedure followed for divorce to happen outside the court?

Dissolution of marriage proceedings, by whatever name called, initiated by either or both the parties to a marriage without the intervention of a court, to be concluded through the following procedure only:-

1. STEP 1

As a first step, when there is a marital discord, the husband/ wife will reason out with each other through discussions.

2. STEP 2

If differences persist, then as a next step, the parties sexually distance themselves from each other in the hope that this temporary physical separation may encourage them to unite.

3. STEP 3

And if even this fails, they will once again discuss the seriousness of the situation and try to bring about reconciliation.

4. STEP 4

If the dispute still remains unresolved, as a fourth step, the parties to the dispute must place their matter before two Arbitrators nominated by the family, one from the family of each spouse, for resolution. The family Arbitrators must approach Arbitrators of a registered organization, as mentioned in this act, for the resolution of their marital discord.

What happens after these four steps? 

• It is only after the failure of the aforementioned four attempts at reconciliation that the first talaq is to be declared by the Arbitrators in the presence of two witnesses and both the parties. This declaration of divorce is to be followed by a waiting period called the iddat. Not more than two divorces can be pronounced within this period, the duration of which is three monthly courses.
• For women who have attained menopause or suffer from amenorrhea the period of iddat is three months, and in the case of pregnant women it is till the termination of pregnancy.
• And if the parties are unable to unite during iddat, the second and the final irrevocable talaq can be pronounced by the Arbitrators but only after the expiry of the iddat. Once the second and the final talaq has been invoked the marital bond is severed and the parties cease to have any relationship as between husband and wife with each other.
• However, even after iddat has lapsed and before the pronouncement of the second and final talaak by the Arbitrators, the contending parties have a chance to reunite by recontracting the marriage, provided the final talaq has not been declared.
• In other words, after the expiry of iddat, the parties are given the options of remarriage or permanent separation.
• All decisions taken before the witnesses and Arbitrators must be recorded. The final divorce at the end of iddat must also be recorded in a talaaknama by the Arbitrators.
• The rights of the women on divorce must be safeguarded by the Arbitrators and must be mentioned in the talaaknama.
• Original copies of the same must be provided to both the parties.

What other principles must be kept in mind? 

• The pronouncement of final talaak should be during the period of tuhr
• The four steps mentioned above signify restitution of conjugal rights
• The parties can also approach the Indian courts directly for the dissolution of their marriage
• Before making the second and final pronouncement of divorce, the Arbitrators must ensure that all matters related to dower, jewelry, household items,  maintenance of the women and children, inheritance, custody, education of children, residence of divorced women has been amicably and fairly settled.
• Once the second and final pronouncement of dissolution of marriage has been made, the parties are no longer married to each other.

How are women’s rights protected if it is khula? 

Even if the divorce proceedings initiated at the behest of the wife (khula), it will not affect any of the rights to dower and maintenance and all rights as mentioned earlier that the wife is otherwise entitled to.

The wife shall be entitled to institute any proceeding in the appropriate court under any or all of the following legislations -

(a) Muslim Women (Protection of Rights on Divorce) Act, 1986.

(b) Protection of Women from Domestic Violence Act, 2005.

(c) S.125 of the Code of Criminal Procedure, 1973.

(d) Any other law for the time being in force, applicable to her.

What if someone does not follow this method? 

Dissolution of marriage outside court through any other procedure to be invalid. Dissolution of marriage, by whatever name called, initiated outside court shall be concluded only through the procedure mentioned in this document. Dissolution of marriage concluded through any other procedure, in contravention of the procedure mentioned shall be illegal. If any of the spouse refuses to cooperate or participate in the reconciliation or dissolution process, it may amount to cruelty of conduct and may be a ground for approaching the court for dissolution of marriage.

How can the process outside court get approval of the court? 

• If the parties married under Muslim Law have concluded a dissolution of marriage by following the procedure provided, then they shall approach the court for a decree of dissolution of marriage.
• Each of the party will submit to the court an application asking for a decree of dissolution of marriage. Along with the application the parties will submit the Arbitrators' report which states the procedure followed for divorce and the confirmation that the parties have settled all issues fairly and amicably;
• After satisfying itself of the veracity of the affidavits and that the procedure outlined in this Act has been followed, the court shall either pass a decree of dissolution of marriage, in accordance with the other provisions of this Act, or dismiss the petition directing the parties to first comply with the requirements of this Act.
• If any party objects to any settlement related to dower, maintenance of wife and children, custody, inheritance, matrimonial property etc, the court may ask the party to file a fresh application for the settlement of the dispute. 

Part 1 - DIVORCE THROUGH FORMAL COURT - BMMA's draft law

DAY 23

Part 1 – DIVORCE THROUGH FORMAL COURT

Through a series of 3 articles, I will discuss BMMA’s proposed law of divorce. In this part I will discuss the process that should be followed if a Muslim woman or man applies in the formal court for divorce 

What are the different forms of divorce recognized by BMMA’s law? 

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

• Demand for divorce by wife [Khula/faskh]
• Demand for divorce by husband [Talaak]
• Divorce by mutual consent [Mubarah]

What are the general rules that need to be followed if the divorce happens through court? 

• In the event mentioned Khula/Faskh, Talaak, Mubarah the party demanding divorce will follow the Talaak-e-Ahsan method of divorce
• No rights of the wife are forfeited in the event of Khula, Mubarah or Talaak
• The wife has the right to refuse to stay under the same roof during iddat if she fears physical, mental and emotional harm
• The demand of khula by wife is not dependent on the consent of the husband. The Arbitrators shall have the power to terminate the marriage in the absence of consent of the husband in case of khula [faskh-e-nikaah].
• The procedure of Talaak-e-Ahsan also signify restitution of conjugal rights.

What are the grounds for decree for dissolution of marriage by wife?

These grounds for divorce are the same as mentioned in the Dissolution of Muslim Marriage Act with some amendments and they are: 

• Whereabouts of the husband have not been known for a period of two years;
• Husband has neglected and/or failed to provide for maintenance for a period of two years;
• Husband has failed to perform his marital obligations for a period of two years
• Husband has been sentenced to imprisonment for a period of two years or upwards;
• Husband was impotent at the time of the marriage and continues to be so;
• Husband has been of unsound mind for a period of two years or has been suffering from leprosy or a virulent venereal disease;
• If she was given in marriage by her father or other guardian before she attained the age of fifteen years, she can file for divorce whether the marriage was consummated or not. 
• Husband has, after the solemnization of marriage, treated her with cruelty; that is to say:

1. Habitually assaults her or makes life miserable by cruelty of conduct even if such conduct does not  amount to physical ill-treatment, or
2. Associates with persons of evil repute or leads an infamous life, or
3. Attempts to force her to lead an immoral life, or
4. Disposes of her property or prevents exercising of legal rights over it, or
5. Obstructs in the observance of religious profession or practice, or

• Husband has maintained, after solemnization of marriage, sexual relations with persons other than his own wife;
• That due to irretrievable breakdown of marriage, life together has become impossible or intolerable;

What are the grounds for decree of dissolution of marriage by husband?

A man married under Muslim law shall be entitled to obtain a decree for the dissolution of his marriage from the court on any one or more of the following grounds, namely that the:

• Whereabouts of the wife have not been known for a period of two years;
• Wife has been sentenced to imprisonment for a period of two years or upwards;
• Wife has been incurably of unsound mind for a period of two years or has been suffering from leprosy or a virulent venereal disease;
• Wife has, after the solemnization of marriage, treated him with cruelty;
• Wife has maintained, after solemnization of marriage, sexual relations with persons other than her own husband;
• That due to irretrievable breakdown of marriage, life together has become impossible or intolerable;

What is the procedure to be followed before granting decree of divorce?

Upon receiving the application for decree of dissolution of marriage from either of the party to marriage on any of the grounds mentioned above, the court shall:

• Appoint three Arbitrators - one Arbitrator each from the family of both parties as nominated by the parties themselves and one member from a welfare organization registered as per the provisions of this Act for the purpose of attempting reconciliation between the parties within 30 days of the date of application, provided that at least one Arbitrator should be a woman;
• Direct the parties to attend and fully participate in the reconciliation proceedings to be commenced by Arbitrators within two weeks of their appointment;
• Direct the Arbitrators to conduct their duties in a fair, just and impartial manner;
• Direct the Arbitrators to submit their report to the court within a period of 3 months from the commencement of reconciliation proceedings indicating the conclusion of the reconciliation process and the reasons for reaching that conclusion;
• After receiving the report of the Arbitrators, send a copy each to both the parties;
• Direct both parties to submit objections, if any, to the report within a period of 30 days from the date of receiving the report;
• If the parties have reached an agreement and differences are resolved, dismiss the suit or if the parties fail to reach an agreement, continue the procedure for the suit for decree of dissolution of marriage.

What about maintenance issue during this period?

While the process is on, the court must pass interim orders regarding maintenance of the wife and children, custody and education of children, inheritance, matrimonial home and any other issue at hand. 

Do all other laws related to family issues applicable?

A Muslim woman is also a citizen of this country and hence any other law related to marriage and divorce are applicable to her. They are:

(a) Muslim Women (Protection of Rights on Divorce) Act, 1986.

(b) Protection of Women from Domestic Violence Act, 2005.

(c) S.125 of the Code of Criminal Procedure, 1973.

(d) Any other law for the time being in force, applicable to her.

The court must ensure that before the final decree of divorce is passed, all other matters related to maintenance of wife and children, custody of children, share in matrimonial property, division of matrimonial gifts etc, are resolved. 

AGE OF MARRIAGE OF MUSLIM GIRLS - DIFFERENT PERSPECTIVES BUT NO SOLUTION

DAY 22

AGE OF MARRIAGE

What are the views of Muslim women in this regard? 

In 2015 BMMA published ‘Seeking Justice Within Family’, a national study on Muslim women’s views on reforms in the Muslim personal law. According to this study:

• 75.5% of the 4710 respondents wanted girls to be above the age of 18 
• 88.3% wanted boys to be above the age of 21 years. 

In another study done by BMMA in the state of Maharashtra, out of 505 respondents:

• 333 were married on or before 18 years. 
• 261 women said the girl should be above the age of 18 years and 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 and 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. 

What is happening within the community vis-à-vis age of marriage of girls? 

In ‘Seeking Justice Within Family’, a study of the age of the 4710 respondents:

• 55% were married before the age of 18. 
• Out of which 15% were below the age of 15 and 40% between 15-18 years. 
• The other socio economic data was also very stark. 
• 73% had annual income below 50,000. 

If the age of marriage figures are compared to the mehr amount received, then 40% received mehr which was less than Rs. 1000/ and 44% did not even receive any. Nikahnama, which is a document necessary to ensure that woman has a say in the conditions regarding marriage, was not even available with 47% of respondents. Those who had, 75% of which did not read it. 

A child of 15-16 will not obviously have a say on whom to marry or any say in the amount of mehr that she should receive or even put conditions in her nikaahnama. All safeguards in a Muslim marriage, like the express consent of the parties, conditional nikahnama and fixation of mehr amount, make no sense if a girl is married off as a child. We are all too aware of the other impacts of child marriage, which a child/woman has to bear. It has a direct negative impact on her education, health, livelihood options and overall well-being. 

Muslim women have time and again shown immense maturity and are aware that a delayed marriage is a boon for her. Now it is the turn of the state to listen to her.

As an Indian Muslim women, what legal safeguards exists and can be made use of?

Inspite of constitutional safeguards and a law against it, child marriage continues in the larger society and specifically in the Muslim community. As per the 2011 census, child marriage is rampant among Hindus at 31.3% and at 30.6% amongst Muslims. Child marriage is violative of all fundamental principles of Indian constitution, which are equality, justice, freedom and democracy. All possible fundamental rights are violated. 

The Prohibition of Child Marriage Act was passed in 2006 with the objective to prohibit child marriages, to provide relief to victims and enhance punishment for those who abet, promote or solemnize such marriages. Any marriage of a girl below 18 and of a boy below 21 is a child marriage which is illegal, an offense and punishable under the law. The offense is cognizable and non-bailable. [Indiafilings.com] CM is cognizable and non-bailable. If done, such marriage is null and void and there is punishment for performing, conducting and abetting CM. Even parents are punished. There is punishment also for the adult male for marrying a child. 

The Protection of Children from Sexual Offences (POCSO) Act, 2012 penalizes penetrative sexual assault on a child by anyone related to the child through marriage. It penalizes sexual acts with a girl below 18 years of age, with or without her consent. There is penalty and punishment for violation of the POCSO provisions. 

The Dissolution of Muslim Marriage Act, 1939 says that if a girl is married as a child, she has the option of repudiating that marriage at the age of 18 provided the marriage is not consummated. Although a loophole filled provision, it does give a Muslim woman a chance to come out of a child marriage. 

What has been the position of the Supreme Court on the issue of Muslim women and the age of marriage? 

In the absence of a codified law which defines age of marriage of a Muslim girl and a boy, the Muslim community will be caught swaying between civil laws that are applicable but are not applied and the various court judgements which contradict each other. 

The judiciary recognizes Muslim marriage as valid if these conditions are met, both have to be Muslims,  both are not within prohibited degrees, there is proposal and acceptance, there is payment of mehr and the parties have reached puberty [sometimes defined as 15, sometimes as start of menstrual cycle]

The Delhi/Punjab/Haryana High Court have stated that Muslim girl was free to marry after attaining puberty, i.e. 15 years. Whereas the Madras High Court and Gujarat High Court have given primacy to the PCMA. While further on, the judgment by the Supreme Court in Safinjahan’s case 2018, recognized attaining puberty as a condition for a valid Muslim marriage. 

So, 

• SUPREME COURT ALLOWS MUSLIM CHILD MARRIAGE
• Various HIGH COURTS ARE DIVIDED OVER THE ISSUE
• SHARIAT ALLOWS CHILD MARRIAGE
• LAW OF THE LAND PENALISES CHILD MARRIAGE

No citizen of the country is prohibited from accessing any law of the country but given the hold of the clerics within the Muslim community and a misinformed police which believes that certain laws are not applicable to the Muslim community, most from the community are not aware of the law and many wrongly believe that it does not apply to them. Hence it is important that a specific mention be made in the codified Muslim family law that in case of child marriage, the PCMA can be evoked. 

What are the Quranic injunctions and the say of Islamic jurisprudence?

The universal Islamic values of equality, justice, wisdom and compassion do not match with child marriage. Muslim laws, which claim to be shariah compliant cannot ignore these, core Islamic values as well as the contemporary, lived realities of Muslim women. 

The purpose of marriage in Islam is to create a successful union that promotes love, tranquility and mercy between husband and wife and contributes to a healthy society. Hence one of the main condition for marriage is free and informed consent of the both adult spouses. 

The Quran does not provide any specific age for marriage. Reference to marriage happens in 4:6, which requires that guardians of orphans manage their inheritance until they become fit to marry, and are of sound judgment to manage their own property. There is a direct link between the ability to manage property and marry, to the age at which maturity to do both is reached. Marriage is a contract in Islam and it one of the most important contracts that an individual will enter during their lifetime. The purpose of shariah includes the right to protection of life, family, education, religion, property, resources and human dignity. To the Muslims the protection of life and well being of humans should guide every decision, law and policy. Another principle of Islamic jurisprudence is that of maslahah mursalah or unrestricted public interest where by laws and policies must be decided on what is best for the public good and must be standard for all citizens. [Srilanka, MPLRAG, Position paper, Minimum Age of Marriage] 

The Quran terms marriage as a solemn oath. ‘And how could you take it away after you have given yourselves to one another and she has received a most solemn pledge from you.’ [4:21] Marriage is a solemn pledge. The Quran also forbid marriage by compulsion. ‘O, you who have chosen to be graced with belief! It is not lawful for you to force women into marrying or holding on to them in marriage against their will’. [4:19]. No way this holy book encourages child marriage. An adult capable of handling responsibility that comes with marriage in a mature and sensitive way is the one who is ready for marriage. Not children. [Quranalyzeit.wordpress.com]

Prophet Mohammed’s life is also an indication. Hazrat Khadija was 40 and a widow when she married the 25 year old Prophet. He did not marry till Khadija passed away. All his other wives with the exception of Ayesha, were either widows or divorcees, mature women and some with children as well. And these later alliances were in the context of wars and negotiations which were part of the Arabian tribal life. 

What about the UNCRC and the Indian Muslim children?

UNCRC [United Nation Convention on the Rights of the Child] is a human rights treaty signed by India, which sets out the civil, political, economic, social, health and cultural rights of children. The Convention defines a child as any human being under the age of eighteen, unless the age of majority is attained earlier under national legislation.  [Wikipedia]

India has also signed CEDAW. Article 16(2) states that, ‘the betrothal and the marriage of a child shall have no legal effect and all necessary action, including legislation, shall be taken to specify a minimum age for marriage and to make the registration of marriages in an official registry compulsory. [Srilanka, MPLRAG, Position paper, Minimum Age of Marriage] 

Sustainable Development Goals [SDG] goal 5: Achieve gender equality and empower all women and girls. One of the main targets 5.1 - under this goal is to end all forms of discrimination against women and target. 5.3 says eliminate all harmful practices, such as child, early and forced marriage and fgm. SDG 4 is about quality education under which governments needs to ensure equal access t secondary education and eliminate gender and other disparities. 

Muslim women and girls are citizens of the world and these treaties and goals and conventions must be looked at from her perspective as well. She cannot be exempted from these universally applicable principles by misogynist groups who exploit them and the larger community in the name of culture and religion. 

What is the age of marriage in other Islamic nations?

In Tunisia, Turkmenistan, Kyrgyzstan, Tajikistan, Bangladesh and even Saudi Arabia, the age of marriage of girls is 18. Violation of the laws invite penalties and punishment varying from very mild to very strict. 

BASED ON THE LIVED REALITIES OF MUSLIM CHILDREN AND WOMEN, INTERNATIONAL HUMAN RIGHTS STANDARDS, INDIAN CONSTITUTION AND THE QURAN, CHILD MARRIAGE IS UNTENABLE AND UNACCEPTABLE. INDIAN STATE MUST ABOLISH IT SPECIFICALLY FOR THE MUSLIM COMMUNITY. 

References:

• Seeking Justice Within Family, A National Study on Muslim Women’s Views on Reforms in Muslim Personal Laws, 2015
• Indiafilings.com
• Wikipedia
• Srilanka, MPLRAG, Position paper, Minimum Age of Marriage
• Quranalyzeit.wordpress.com

POLYGAMY AND MUSLIM WOMEN'S LIVED REALITY

DAY 21 

POLYGAMY 

What have been the experiences of Muslim women with regards to polygamy? 

In a national study involving 289 Muslim women respondents and 50 in-depth case studies:

• Over 50% of the respondents suffer from mental trauma such as depression, self-blaming, lack of                sleep, frequent aches and pains and suicidal tendencies after their husbands’ remarried. 
• 41% had to move to their parent’s home after their husband remarried. 
• 47% of the respondents did not receive any maintenance from their husband after his remarriage. 
• 42% of the women were told by Qazi to adjust with his new marriage as it is allowed in the Shariat. 
• 22% were asked to take khula. 
• 45% of husbands threatened first wife with divorce if she complained against his second marriage. 
• To top it all, 90% of them said that their permission was not taken. 
• In fact 72% came to know about his second marriage through neighbors and friends. 

This is what happens to a victim of polygamy at ground zero. And this hard reality must never be ignored and hushed up. 

What do Muslim women want? 

According to the study mentioned above:

• 84% of Muslim women have stated that polygamy should be made illegal. 

• 73% have said that their husband should be punished for indulging in polygamy. 

In 2015 BMMA published a national study, ‘Seeking Justice Within Family’, on Muslim women’s views on reforms in the Muslim personal law. According to this study:

• 91.7% of 4710 respondents did not want their husband to have another wife while being married to            them. 

• Close to 73% said polygamy should not be allowed irrespective of the first wife’s consent. 83% did            not want polygamy even if the sex ratio favoured it. 

Constitutionally what safeguards does a Muslim women enjoys, or rather should enjoy vis-à-vis the practice of polygamy?

• Article 14 of Indian constitution of right to equality. Allowing men to have more than one wife is not only an affront to her dignity but a blatant violation of Article 14 of the Indian Constitution. 
• Article 15 states that there shall be no discrimination on the basic of religion, race, cast, gender, place of birth. 
• Article 21 states the right to life with dignity is a fundamental right of every individual. 
• Article 25 (2) says that right to freedom of religion is subject to morality public health and other        fundamental rights. 

A Supreme Court judgment looking at bigamous marriage in Khurshid Ahmed Khan vs state of UP and Orissa 9/2/2015, SC 1662/2015 argued that polygamy cannot be seen as an ‘integral part of religion’ and so does not receive constitutional protection under Article 25. It also argued that any law in favour of monogamy did not violate Article 25. Various High Courts have also made this case. Indian Constitution provides explicitly for equality and non-discrimination and protects personal laws insofar as they do not violate these essential articles. 

Is there a common law applicable to all citizens irrespective of religion, vis-à-vis polygamy?

In India all religious communities, majority and minority are governed by their own family laws according to their religious custom, traditions and holy book. At the same time as citizens of the country, all religious communities can also avail of the non-religious laws, for e.g. laws against dowry, rape law, law against domestic violence etc.  

As per the Indian Penal Code polygamy is a criminal offense under section 494. This law prohibits polygamy sentencing the said husband to 7 years of imprisonment. It is non-cognizable, bailable and compoundable. 

The Special Marriage Act, which is like an optional civil code and which governs inter and intra religious marriage also prohibits polygamy. 

What about the other communities in India? What laws govern them? 

If a person chooses to remain within her personal law, then she will be governed by her personal law. Let us look at the personal laws of each community to see what they say about polygamy. 

• The Parsi Marriage and Divorce Act of 1936 prohibits polygamy. Second marriage while the first is still subsisting is null and void. In addition, the law says that the party to indulges in bigamy will be subjected to the penalties of sections 494 and 495 of the IPC which calls for a 7-year imprisonment. 
• Christian Marriage Act says, “neither of the persons intending to be married shall have a wife or husband still living”. Offenders are governed by the IPC 494. 
• The Hindu Marriage Act of 1955 u/s 11 makes bigamous marriages void. Section 17 of the same Act along with IPC 494 and 495 makes it an offence. The Buddhists, Jains and Sikhs are included under this Act. So bigamous marriages for Hindus, Buddhists, Jains and Sikhs are void and penal 

Thus if a person marries more than once under Hindu Marriage Act, Parsi Marriage and Divorce Act, Christian Marriage Act, Special Marriage Act and Foreign Marriage Act, he/she will be punished according to Indian Penal Code.

Is asking for a ban on polygamy not tantamount to disrespecting the Quranic injunctions? 

Three verses from the Quran very clearly support monogamy. 

• Verse 4:3 - “Marry women of your choice, two, three or four”
• Verse 4:3 - “..... but if you fear that you shall not be able to deal justly with them, then only one.”
• Verse 4:129 - “ You are never able to be fair and just as between women, even if it is your ardent                             desire”

These Quranic verses came in a certain context of war requiring polygamy to ensure justice to widows and orphans again in the context of a tribal 7th century Arabia. In today’s day and age of advanced women and human rights, increased gender rights consciousness, polygamy does not ensure dignity of an individual woman as we saw above in the first Q/A

Quran also talks of marriage as a solemn and sacred alliance between two people based on love, mercy, understanding. In a relationship that has other claimants, how can one achieve that Quranic ideal? 

Quran, which is primary source of shariah, is clear when it says that a man can never be just and equal to more than one wife. Polygamy existed before Islam and the Quran restricted it to 4 wives. This was done in order to set the trajectory for reforming this pre-Islamic practice in the direction of justice. If this trajectory had been followed, polygamy would have been abolished by now. 

The universal Islamic values of equality, justice, wisdom and compassion do not match with the unbridled right to polygamy enjoyed by men. Muslim laws, which claim to be shariah compliant cannot ignore these, core Islamic values as well as the contemporary, lived realities of Muslim women. 

What about polygamy in other Islamic countries?

• Tunisia became the first Arab state to formally abolish polygamy in 1956, the same year it gained official independence. In current times, Tunisia is still one of the very few predominantly Islamic nations that has legally banned polygamy.
• 99.8% of the Turkish population is Muslim with the most popular school of thought being the Hanafi school of Sunni Islam. Turkey is a predominantly Muslim nation that has abolished polygamy, which was officially criminalized with the adoption of the Turkish Civil Code in 1926, a milestone in Atatürk's secularist reforms. Penalties for illegal polygamy are up to 2 years imprisonment.
• The population of Tajikistan is 98% Muslim. In Tajikistan, bigamy and polygamy are criminal offences, punishable by fines of up to 80,000 somoni (10,000 US dollars) or a term of imprisonment up to five years. Bigamy was outlawed in 1999 and polygamy was banned in 2008.
• The Uzbeks are Sunni Muslims, and they are considered to be among the most devout Muslims in all of Central Asia. Thus, about three-fourths of the population is Muslim.
• Polygamy is illegal in Uzbekistan (punishable by up to three years imprisonment) and the nation does not provide for polygamous marriages under civil law or customary law.
• As of 1997, 86.3% of Kyrgyzstan were followers of Islam. The Criminal Code of the Kyrgyz Republic provides for two years of imprisonment for polygamy.
• Turkmenistan is 93% Muslim. Polygamy is prohibited by law in Turkmenistan and legal framework does not provide for polygamous marriages under civil law nor customary law. 
• Polygamy is restricted in Algeria, Bahrain, Malaysia, and Morocco and totally prohibited in Tunisia, Turkey, Kyrgyz Republic, Tajikistan and Uzbekistan. And they all happen to be Muslim majority countries. 

What international covenants come in handy for Muslim women in their quest for justice within family? 

India has ratified the CEDAW treaty, which has for its foundational principles, non-discrimination, substantive equality and state obligation. Article 16 of CEDAW says that state must take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations. 

Indian state has to fulfill its obligation of making polygamy illegal for the Muslim community to ensure that Muslim women are treated on par with women of the other communities and also that Muslim women must also be treated as an equal citizen. It is the responsibility of the state to ensure that as citizens Muslim women are treated with dignity within their homes. In terms of human rights standards, polygamy is incompatible with fundamental human rights principle of equality between men and women; it contravenes the CEDAW article 1 definition of discrimination, and violates a woman’s right to dignity. The fact that women can be coerced into entering polygamous relationships or existing wives can be coerced into consenting to additional wives violates the free and full consent to marriage provision of numerous human rights instruments. Since a husband be choose to marry multiple women, which can affect the household finances, women in polygamous relationships are denied their equal rights with regard to property under CEDAW article 16 (1) (h)

The practice of polygamy is also in contravention of the SDG 5 which calls for and adopting, strengthening policies and enforcing legislation for gender equality which is one of the 17 Sustainable Development Goals established by the UN in 2015. SDG5 wants to “Achieve gender equality and empower all women and girls.”

So what should be done?

Indian Muslim community in matters of family must be governed by a comprehensively codified Muslim family law, which must abolish polygamy. In the codified law polygamy must be outlawed and IPC 494 must be made applicable to the Muslim community. 

BASED ON THE LIVED REALITIES OF MUSLIM WOMEN, INTERNATIONAL HUMAN RIGHTS STANDARDS, INDIAN CONSTITUTION AND THE QURAN, POLYGAMY IS UNTENABLE AND UNACCEPTABLE. INDIAN STATE MUST ABOLISH IT. 

References:

1. Status of Women in Polygamous Marriages and Need for Legal Protection, A Report by Bharatiya Muslim Mahila Andolan, 2018

2. Seeking Justice Within Family, A National Study on Muslim Women’s Views on Reforms in Muslim Personal Laws, 2015

3. CEDAW and Muslim Family Laws, In Search of Common Ground, Musawah, 2011.

4. Musawah - Knowledge Building Briefs 01