MUSLIM FAMILY LAWS - VIEWS AND EXPERIENCES OF MUSLIM WOMEN IN MAHARASHTRA

VIEWS OF MUSLIM WOMEN IN MAHARASHTRA – STUDY BY BMMA – MARCH 2019

VIEWS AND EXPERIENCES OF MUSLIM WOMEN IN MAHARASHTRA

About The Respondents

Study was done in Ahmednagar, Amravati, Aurangabad, Jalgoan, Nashik, Palghar, Panvel, Pune, Raigad, Satara, Solapur and Thane. 

505 Muslim women were interviewed in 24 villages. 

402 women are homemakers. 

278 had family annual income between 35K-50K 

207 of the women surveyed had 1-2 children

10 women have adopted children from their family members or relatives. 

Consent and Age of Marriage 

Out of 505, 428 said that their consent was sought before marriage. 

Out of 505 women, 333 were married on or before 18 years

Nikaahnama

225 of the respondents did not have their nikaahnama. 

Out of those who did not have it, i.e. 225, 16 said that it was not made at all. 

50 said they did not get it in spite of it being made. 

159 said they do not even know where it is. 

Out 505, 379 of them said that they did not even read their nikaahnama before signing it. 

Meher

194 women - meher amount upto Rs.1000/- 

106 women - meher amount was fixed between 1000/- to 5000/- 

79 women - meher was fixed between Rs. 5000/- to 10000/-. 

60 women - meher was fixed over Rs.10000/- 

9 women was fixed over Rs.50000/- 

66 women said that they had no idea what is meher or what was the amount. 

170 did not get mehr at all. 

If above figures are combined than 236 women have not received meher. 

241 received their meher at the time of marriage. 

Out of all those who received it, 

·       193 got it in cash

·       68 women said that they received meher in the form of jewellery

·       3 women received meher in the form of property. 

Only 15 women said they got to decide the amount. 

90 women don’t even know who decided the amount.

Divorce

Out of the 42 women divorced, 10 were divorced before the end of first year of marriage. 

7 within the third year of marriage. 

Of the 42 divorced women, 18 of the women said that their husband wanted divorce. 

10 women said that they wanted divorce 

Of the divorced women only 6 of the women received compensation at the time of the talaq

36 of the women said they did not get any compensation.

Of the 42 women divorced 21 of them were divorced verbally 

Rest 21 were given talaq either through letter, phone, SMS, email and other way.

5 of the women were victims of halala

Maintenance 

Out of currently married 428, 53 women did not get any financial support from their husband. 

Out of those divorced women [42], 19 work are support themselves 

12 women are supported by their parents

10 women are on their own, struggling to raise resources through charity to survive. 

Out of these 42 divorced women, 27 retain the custody of the children. 

10 women said the custody is with their parents as they were re-married 

Out of 30 women who are widows 17 work and are on their own. Rest are supported either by her parents or by her in-laws. 

Domestic Violence

Out of 505 women, 217 women said that they have been subjected to violence. 

163 women said if they wanted to report violence, they would first approach the parents and elders in family. 

All India Muslim Personal Law Board

449 of the respondents had not even heard about this body. 

Property

425 women do not have a property in their name. 

430 said that current house in which they are staying is not in their name. 

VIEWS OF MUSLIM WOMEN

Age of marriage: 

261 women said the girl should be above the age of 18 years 

160 women said it should be over 21 years. 

Put together 421 women say that age of marriage of girl should definitely not be below 18.

220 women say that the boy should be above the age of 21 years 

274 women said it should be over 25 years. 

Put together 494 want the boy to be mature enough to get into the relationship of marriage. 

Mehr

474 of the women said that meher should be given at the time of Nikaah.  

457 of women felt meher amount should be decided based on the income and property of the groom. 

If meher not given at the time of nikaah, then, 

·      240 women said that the husband should pay double the amount of meher 

·      69 said the husband should be put behind bars

·      103 said he should pay penalty. 

435 women affirmed that the amount of meher must be equivalent to the groom’s annual income.  

438 women said that the meher amount must be decided based on the husband’s share in the income/profit 

Polygamy

484 women said Muslim man should not be allowed to marry another woman when already married. 

438 women said that even if first wife permits the man should not be allowed more than one marriage

311 women said even if wife is suffering from deadly disease, man should not be allowed more than one marriage

324 women said that even if wife is unable to conceive, man should not be allowed more than one marriage

398 women said that the man should not be allowed to re-marry even if she is a widow. 

471 women said man should not be given permission for second marriage even if the population of women is more than man.

Triple divorce 

Since this study happened after the Ordinance against triple divorce was passed by the central government, we took the opportunity to ask rural Muslim women about the same. Some were not even aware of the Ordinance. But on explaining to them about it, the women welcomed the Ordinance. 

481 women said that government has done right by putting a legal ban on the practice of unilateral divorce. 

459 women said it’s the right decision to give 3 years imprisonment to men who unilateral divorce their wife. 

484 felt that arbitration must be made mandatory before the divorce is finalised. 

226 women wanted that 3 months should be the process for arbitration

463 women agreed that the Qazi who sends notice of unilateral divorce should be punished.

473 women agreed that the legal method of divorce should be Talaq-e-Ahsan.

490 women agreed to Talaq-e-Mubarah being part of the legal process of divorce.

351 of the respondents say that women should not forgo her meher on khula.

Custody

In the event of divorce 461 of women believe that the custody of the child should go to the mother. 

And maintenance of the child must come from the ex-husband. 

A child’s best interest and child’s consent is crucial before deciding custody. 

Adoption

435 women had no idea that a Muslim couple cannot legally adopt a child. 

469 had no idea why that is so. 

435 were not aware that even if they adopt a child, he/she cannot legally be natural heir to your property. 

467 felt that adoption should be made legal and the couple must be allowed to make the child a legal heir. 

Views on Codification of Muslim Personal Law

Of the 505 women surveyed 447 don’t know that they do not have a comprehensive personal law  

464 women affirmed that that the codified law will help women get justice. 

484 women wanted the government to fulfil its constitutional responsibilities.

441 women said that religious leaders must support women’s demand for codified Muslim Personal Law. 

464 said that Qazi and the Darul Qazas must obey and implement the law passed. 

484 women affirmed that the government must monitor and regulate the work of the Qazis. 

492 women affirmed that Muslim women should provide legal aid and support to other Muslim women. 

INDIAN MUSLIM WOMEN’S ENGAGEMENT WITH THE INDIAN CONSTITUTION

INDIAN MUSLIM WOMEN’S ENGAGEMENT WITH THE INDIAN CONSTITUTION 

CONSTITUTIONAL VALUES IN WORK LIFE

Constitutional values, without reference to the Constitution was the core system that has guided my work. Through my graduation and post-graduation, I was known amongst my friend circle to be always supporting women’s rights. My work with marginalized communities especially my stint in YUVA helped me in getting a better and in-depth understanding of these values. It was also a time after the riots of 1992-93 which sowed the seeds of making these values the basis of my work with Muslim women.  

It was my stint in Anjuman-I-Islam that I realized how much the Muslim women has been deprived off. The mindset of the AI management was extremely conservative so much so that they could not accept my inter-religious marriage. I was sure by then that without the principles of equality and justice and freedom all work with the Muslim women would have no meaning. It also helped that in the course of my work I was able to imbibe the feminist values of always prioritizing and valuing the experiences of women.

In 2007 when BMMA was formed, the vision document itself made a reference to the Indian Constitution. Our vision statement talked about the values of equality, justice, freedom, wisdom and compassion which are an amalgamation of the values of the Constitution and the Quran. For us it was important that Muslim women recognize themselves as not just having a religious identity but also identify herself as a citizen of the country. BMMA’s core values come from the Constitution. Our work around demanding implementation of Sachar committee report or the demand to codify Muslim family law comes from the constitutional framework. In all our publications, public hearings, press releases we have constantly reiterated the need for constitutional protection for Muslim women. Bringing another dimension of Muslim women as a citizen has been crucial in our fight for legal justice for Muslim women. 

My work related to the constitution per say began very actively in 2014 after the current government came to power. The open lynching of the Muslim and dalit youth, the open talk of changing the constitution and the audacity of the ruling dispensation to upturn secular values was too much to ignore. Our first public protest happened in 2015-6 when the Shiv Sena talked of removing the word socialism and secularism from the Constitution. We had a dharna and later a submission to the CM lodging our protest. 

Invoking the constitution, we also protested against the beef ban in the state of Maharashtra. 6000 signatures in 2 days were submitted to the government demanding the revoking of the ban. 

We set up Aurton ki Shariat Adalat using the article 39A of the constitution which refers to free legal aid and equal justice. Close to 150 women every year access legal aid and guidance from our legal aid centres. 

Since then we have been training Muslim girls and boys on the constitution through our community volunteers. 

In the first of its kind when BMMA initiated Muslim women to become qazis, we included a chapter on the constitution. Muslim women who are fighting for their rights must know that as a citizen she has many rights and many of her rights are protected by the constitution of the country. In fact, we always say that as Muslim women we are very privileged to be born in this country which has given us universal human rights on a platter. 

CONSTITUTIONAL VALUES IN PERSONAL LIFE

Thankfully I did not have to struggle due to my given identities. That was probably because I stayed in a matrilocal family. My father shifted from his village to Mumbai in search of job and stayed with my mother's family which had only 6 sisters and no man. The eldest sister of my mother ensured that her two younger sisters, i.e. my mother and aunt went to school and college. My mother and aunt were first generation learners who travelled from Bhendi Bazaar to Jogeshwari then to get college education. My father was humble and strong enough to stay with his wife and her family. 

Both my parents being post graduates and liberal, I was given a very liberal and nurturing upbringing. There was no discrimination between me, my sister and my brother. Equal access to education in good school and later college ensured that we developed a cosmopolitan approach to people. 

From this family of maternal aunts and both parents through different interactions and observing their behaviour, I learnt the values of equality and justice and compassion. Zakat was given regularly to poor women. We were encouraged to speak respectfully to all our domestic supporters. In fact, we would call our domestic help, amma.We were made to greet her respectfully during festivals. There were male domestic helpers also played with my brother. Young female domestic helpers were my friends with whom I played. I still have photographs with all of them. There were not our helpers but friends with whom we spent our playtime. 

I don’t remember being told that I should or should not do a certain activity just because I am a girl. In college too I was encouraged to participate in all extra-curricular activities. I was never questioned when I came home late. I was never questioned on being with male friends who would also come home. 

I was the only Muslim girl in my college group which I never became conscious off till the riots of 1992-93. My father was part of a trilogy consisting of Hindu and Christian, who worked hard on setting up the housing society where we later shifted. In this society we were the only Muslim family and my parents ensured that all society neighbours got sheerkurmaduring Eid. During the riots in 1993, our Hindu neighbours supported us and my Hindu college friend helped us escape unhurt. 

Not even once did my parents object to my marriage to a Hindu. Till they passed away they had a wonderful relationship with my husband.

The Islam of my childhood was all about charity, compassion, belief in the goodness of God and its people. The damage began much later and I am glad I was able to ingrain the pre-Saudi Islam and now based on that I am challenging it. 

I have done my best to put those values in practice:

·      I officially added my mother’s name to my name 

·      I officially added my name to my children’s name 

·      I refused to change my name or add my husband’s name or surname after my marriage

·      I also refused to change my religious identity after my marriage 

·     One of my non-negotiables before marriage was that I will continue to work

·      I have taught these values to my children through stories and anecdotes

·     As they grew up talking about constitution become an important part of the upbringing. Time and again I keep telling them about the Indian constitution. 

There has been no major uproar in the family as that’s where I got these values from in the first place. My father was fine when I added my mother’s name and removed his surname. 

My husband was fine when I told him about my non-negotiables before marriage, which was not changing my religion and name and not adding his name and surname and continue to work after marriage. 

It took some time for my in-laws to come to terms with it which was largely my husband’s fight with them. I refused to take the burden of convincing them. It was my husbands’ job and he managed fine. 

CHALLENGES AS WE OPERATIONALISE THE CONSTITUTIONAL VALUES

Challenges:

1.    Constitutional values have always been devalued. Especially as a Muslim, we have been denied justice especially in hundreds of incidences of communal violence. The ShriKrishna Commission report which indicted the Shiv Sena remains to be implemented. The Sachar Committee report and the Mehmood Rahman report has not been implemented. The current political dispensation is openly anti-Muslim but the other so-called secular parties, largely Congress, has been equally responsible for the deprivation of the Muslim community. It has truly been a party siding with the conservatives within the Muslim community and also a soft-Hindutva party, conservative and right wing to the core but putting up a charade of secularism. These so-called secular parties are singularly responsible for the marginalization of the Muslim women. We all know what the congress did at the time of Shahbanu and the role that it played recently in not passing the triple talaak ordinance into a law. 

2.    Political parties behave in an unconstitutional way because the people in their constituencies have no idea about the constitution. Constitution is taught in the civics category of history/civics and we know as students it was taught in the driest and uninteresting way. Constitutional values cannot be merely a subject to be taught and got marks over. It has to be ingrained, imbibed and felt. 

3.    In the current times it is important that secular values are safeguarded most from the onslaught of the political class. Now looks like it is the ordinary citizens who will have to play that role. We cannot leave it to the so-called custodians. 

4.    The conservative sections of the Muslim community have always very conveniently invoked the Indian constitution for safeguarding their rights as minorities and rightly so. But when it comes to Muslim women, they have conveniently forgotten that Muslim women are also citizens of this country and they have right over it as much as they have. Invoking Article 25-26 of the Indian constitution is much the right of Muslim women as it is of the Muslim men and this the men of the community have to realize it, sooner the better. It is this very articles that was our basis for fighting the Haji Ali case where the women were barred from entering the sanctum, along with other articles 14, 15 and 21.  

The challenge itself is an opportunity. 

Conversations around constitutional values must be the talk of our drawing rooms and even bedrooms. It must be made common place. No conversation must happen without referring to them.

As an activist have always used the constitutional basis for Muslim law reform and have introduced the same in our training curriculum for women qazis. For us a Muslim women’s organization it is crucial that we talk about in the communities where we work. It is especially crucial for the Muslim youth to know that the country’s constitution stands with them as citizens.  

Constitution as a basis for advocacy of our rights is another opportunity. BMMA fought it for entry into the Haji Ali dargah. We filed a PIL against triple divorce and got a good judgment which is the basis for ordinance against triple divorce. We are in the process of filing a PIL against polygamy and halala again invoking the constitutional values. The larger demand of a Muslim Code Bill is also based on the provision in the constitution. That fight will take a long time and we are already on our way. 

Muslim male youth especially must be reached out with this values as they are right now only reached out to as a Muslim. Invoking their sense of citizenship is a challenge and an opportunity.