DAY 18
BMMA'S JOURNEY TO ENSURE LEGAL PROTECTION TO MUSLIM WOMEN
Why was the need felt to codify the Muslim family law?
While the Hindu majority and other religious minority communities enjoy the benefits of a codified personal law, the Muslims in India have been deprived of this basic protection. BMMA's effort since 2008 has been to evolve a draft by taking opinion and suggestions of the larger community, especially Muslim women who have been the victims of a discriminatory personal law. Personal laws in other Islamic countries have been codified, including neighboring Pakistan and Bangladesh. Historical reasons including political compulsions, a misplaced understanding of secularism, appeasement of patriarchal elements and fear of losing Muslim identity have all contributed to the neglect of this issue. So while Muslim women have continued to suffer injustices within family the uncodified law remains out of bounds for any attempt at enabling gender justice. BMMA is demanding what other communities in India and other Muslims in some Islamic countries already enjoy, legal protection. However, during our engagement with the community in drafting the law, we realized that the issue has been highly politicized. We also realized that if we, the Muslim women do not draft the law nobody else will. We realized that neither the community religious leadership nor the state have any interest in the subject. It has been left to the Muslim women themselves to take steps to safeguard their rights and demand a law from the parliament. We undertook this arduous task with the sole aim of fulfilling the legal vacuum that has existed unquestioned.
What was the process?
The women of BMMA embarked on a mission towards legal justice beginning 2008. More than 400 consultations were held across the country with women, ordinary citizens, lawyers, academicians, scholars of Islam etc. Our interactions with ordinary Muslim women during the process were very encouraging as they clearly spelt out the need for a law which would ensure them legal protection. As meetings, consultations unfolded in state after state, it was very clear that Muslim women wanted a law that ensured their dignity and rights in matters of marriage and family. The first draft of the Muslim family law released in 2014 was thus born out of these consultations carried out since early 2008. Thereafter many lawyers, academicians and ordinary Muslim men and women gave their suggestions and comments which were incorporated into the second edition. As on today, our third edition is out. It is a document that has emerged through a democratic process and is a work in progress. As we move along the path to codify this draft, we hope to hear more suggestions and ideas which can further strengthen this document. It is a continuously evolving draft formulated in the true spirit of the modern human rights framework of the Indian Constitution and the notion of gender justice in Islam. It goes without saying that this document needs to be further strengthened and is open to suggestions from all those who stand in solidarity with Muslim women.
What are the provisions of the draft law?
In a nutshell this draft stipulates:
• Legal age of marriage of a Muslim woman and man as 18 and 21 years.
• Prohibits polygamy, nikah halala and muta marriage.
• Minimum mehr amount must be equivalent to annual income of the groom.
• Talaak-e-Ahsan is the legal method of divorce where arbitration is mandatory and unilateral or one-sided instant divorce by husband is not valid.
• Mother and father as natural guardians of a child
• Custody of children is to be decided based on best interest of the child and child's consent.
• Wife gets a share in the marital property
• Daughters get equal share in the parent's property.
What were the challenges faced by BMMA?
BMMA has faced and continues to face many challenges. Such is the stranglehold of patriarchy in our society that we have faced resistance from multiple quarters. These include conservative religious groups, certain academicians, certain lawyers who have attempted to sabotage the movement of Muslim women through counter arguments. They have also attempted to create confusion in the minds of ordinary Muslims who have in many ways expressed their readiness for change. BMMA leaders have faced threats, abusive language and personal attacks. The religious groups have called us unIslamic, cause of fitna [anarchy] and stooges of various political dispensations. Once again, cries of 'Islam is in danger' are being heard. Once again we have been told that the time is not right for Muslim women to speak about law reform.
What was the support received?
While on one hand we faced challenges and obstacles, we have received huge support from ordinary Muslim women and men. It is very heartening that we have received tremendous support from ordinary Indians, women and men, from all faith backgrounds. Especially remarkable has been the support of Muslim men who want change and reforms for themselves and for the women of the community.
Who inspired your team?
We are hugely inspired by the rising tide of Muslim women Islamic scholars like Dr. Amina Wadud, Dr. Ziba Mir Hosseini, Zainah Anwar, Mulki Al-Sharmani, Asma Lambrabet, Omaima Abou Bakr and many others who are tirelessly working to reconcile modern human rights with Islam so that as Muslim women we are able to enjoy the best of both the worlds enjoining values of equality, justice, freedom and democracy.
What do you want from the stakeholders?
Our ardent request to all stake holders is to recognize the voice of Muslim women and strengthen her struggle for legal justice. We also request the elected representatives and the government to look at the legal discrimination faced by Muslim women because it is their constitutional obligation to protect and promote her legal rights. We have suffered enough at the hands of party politics since the last 70 years and now long for justice within family and society. We also want a comprehensive legislation which in one go is able to ensure all demands mentioned in our draft law. As we saw earlier the law against triple divorce came after 36 years and law in 1986 came after 50 years. It is time a COMPREHENSIVE LAW is put in place, NOW.
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