Showing posts with label codification of muslim family law. Show all posts
Showing posts with label codification of muslim family law. Show all posts

Wednesday, 2 September 2026

IMPACT OF POLYGAMY ON RELATIONSHIP

 

IMPACT OF POLYGAMY ON RELATIONSHIP

Article 8 based on the data published by BMMA in ‘Breaking the Silence’ https://notionpress.com/in/read/breaking-the-silence-1410178808-1410178808 

We looked at the impact which the first wives felt on their relationship. 54% of the husbands stopped living with their wives. This indicates severe marital breakdown where more than half of husbands are physically and emotionally absent in the relationship after the second marriage. They are just not there. When a person is not around physically what can a woman do? She is then forced to manage her life and the lives of the children. She just does not have any choice.

28% spend less time with their first wife. It reflects partial breakdown, emotional neglect and reduced companionship. A couple in a marital relationship are suppose to be there for each other. There is no room for one more relationship. And if that happens the neglect begins. The time is divided and so is the attention. There is one more person who has an equal right over the husband’s time. The first wife did not bargain for this. Reduction in time spent also conveys that she is not important to him anymore.

25% reported increased fights between them. It suggests heightened conflict, insecurity and emotional strain. With husband not staying with the first wife or spending less time with her also indicates more friction and conflict. The increased fights impact her mental and physical health. It also must be impacting the husband’s mental and physical health but then it is of his own doing. Obviously, children are not spared. 20% of the husband neglected the children. It points to broader family impact, the husband’s divided attention affected parenting and children’s well-being. A child’s trajectory in life is highly influenced by its parent’s life. And the damage can be long lasting.

Wives Economic Dependency

First wives tend to face greater financial vulnerability after their husband’s second marriage. A large proportion, 40%, rely on their parents, and only 19% continue to receive maintenance from their husbands. About 34% were compelled to start working, indicating a shift toward economic self-reliance driven by necessity rather than choice. A small fraction (11%) depends on community aid from jamaat or masjid, underscoring a lack of formal support systems.

Second wives, on the other hand, are generally more financially supported by their husbands, 63.3% receive maintenance from them. Around 34.1% are employed, showing a similar participation in work as first wives but likely with more stability. Only 3.9% report having no source of maintenance, much lower than first wives.

Overall, the figures reveal that first wives experience a significant economic setback after polygamy, often becoming dependent or entering the workforce out of compulsion, while second wives tend to receive more consistent financial support from their husbands. This pattern points to an unequal distribution of resources and responsibilities between the two marriages.

Monthly Maintenance by the Husband  

The data shows that financial neglect is widespread among both first and second wives, but the burden falls more heavily on first wives. 40% of women (1,011 total) receive no maintenance at all, with first wives forming the majority (793). 23% say their husbands buy household items instead of giving cash — a form of control that limits women’s financial autonomy.

Only 32% receive regular cash maintenance, and within this group, most receive very small amounts: 5% below ₹2,000/month, 4% between ₹2,000–₹4,000 and only 6% receive more than ₹10,000/month. Second wives are more likely to receive moderate to higher levels of maintenance, while first wives dominate the “no maintenance” category.

The findings reflect deep economic inequality between first and second wives and show that a large proportion of women—especially first wives—lack consistent financial support, underscoring systemic neglect and dependence within polygamous marital arrangements.

Maintenance of Children  

Among the 1,419 first wives surveyed, nearly half (45%) reported that their husbands did not provide maintenance for their children after the second marriage. This data indicates that a substantial number of men discontinue financial responsibility toward children from their first marriage once they remarry. The lack of maintenance not only deepens the economic insecurity of the first wife but also affects the well-being and stability of the children, highlighting a critical gap in accountability and social support mechanisms for first families in polygamous contexts.

When wives do not receive maintenance from the husband for themselves or their children, the impact is often deep, long-lasting, and affects nearly every aspect of life. The consequences are not only economic, but also emotional, social, physical, and psychological.

A woman’s economic insecurity increases. She begins to struggle for basic needs like food, rent, medicines, school expenses, bills etc. Since husbands also stop living with their first wife [54%], she is forced to take up immediate work, borrow from family or sell or mortgage jewellery. The children shift to a cheaper school or drop out and join the work force at a tender age. The girls could be married off early and boys join the labour force. There could be a sudden drop in the economic status. It is worthwhile to remember that respondents in this study, when they got married, were economically, educationally and age wise already very vulnerable. Added to this vulnerability is this economic abandonment by the husband.  Women who were financially dependent on the husband may suddenly face extreme poverty.

Constant financial stress leads to anxiety, helplessness, vulnerability and extreme fear about the current and future situations. There is loss of dignity having to ask for money and facing probable humiliation and loss of face.

To tide over the financial crisis, women land up skipping meals, delay their medical treatment and focus on feeding the children and thus get reduced to a survival mode. She suddenly becomes the only source of sustenance for herself and the children. Every responsibility suddenly falls on her and she is not even prepared for it. Searching for work for which she is suited and skilled can be cumbersome along with taking care of self, family and especially children. Working suddenly may take her time away from social and family events. She may be forced to continue in an abusive marriage because she has no option. Whatever little she might get from her husband is all that she gets. She may also not be in a position to file police complaint or file a case in the court. This would require long term financial inputs which she being in a survival mode cannot afford. Lack of money is not just impacting her current financial status but creates intergenerational poverty from which generations might suffer.

It is truly sad how two families suffer generationally. 29% (312 women) said their husband abandoned them and went back to the first wife. Nearly one in three second wives report being abandoned by their husband, who returned to his first marriage. This indicates that second marriages often lack long-term stability and security for women. While most second wives (71%) continue in the relationship, a significant 29% experience abandonment—leaving them vulnerable both emotionally and economically, especially since many lack legal protection or consistent maintenance. The convenience is only of the husband here. Wherever and whenever he finds it convenient, he moves to that family. He has all the choices.

 

 

Tuesday, 18 August 2026

LOVE AND RELIGION - REASONS GIVEN FOR POLYGAMY

 

LOVE AND RELIGION - REASONS GIVEN FOR POLYGAMY  

Article 6 based on the data published by BMMA in ‘Breaking the Silence’ https://notionpress.com/in/read/breaking-the-silence-1410178808-1410178808 

A quick look at the percentages show that 6% of wives unaware of the remarriage reflects lack of transparency and possible emotional or physical separation even before the second marriage occurred.

31% said they loved someone else. Which confirms our earlier analysis that the first marriage was not based on love but may be force of the parents and their decision. We also saw earlier that 26% married within the first 3 years of marriage indicating that the moment opportunity came he remarried the person whom he loved in the first place. And they also tell this to their first wife. One can imagine as a woman being told by the husband that he does not love her.

The second highest reason was the religious sanction at 30%. Whether the marriage happened within the first or the tenth year of marriage, religion becomes the foremost important reason after love for the second marriage to happen. Religious justification is given to both the wives.

The third highest reason but way down to 17% is not even a reason. The first wife has no idea why he remarried. No reasons given. Just the news that he has remarried. She keeps wondering what could it be. This reflects secrecy, lack of communication and total disregard for the first wife’s emotions. The rest of the life is spent in just ruminating what could be the reason.

At 15% there is a reverse that he does not love her. He may not be in love with someone else but he does not love her. So the second marriage could happen because of reasons other than love. These form 15% of the responses including all those reasons which we keep hearing but they are not on the top of the list of reasons. That wife could not conceive, that he wanted financial benefits out of second marriage, that he wanted a son, that wife was unwell. But the top of the heap is love and religion.

The data highlights emotional, religious, and patriarchal justifications behind men’s re-marriages. Many husbands rationalized their actions through religious or social norms, often side-lining emotional accountability.

Some years back triple divorce played an important role in helping men to assert their authority in a marriage. He held the power to unilaterally terminate the marriage in 3 seconds flat. It was tool for manipulation, control and to keep women under his control for fear of being divorced. Threat of instant divorce kept women under his authority and he could make her do whatever he wanted. With triple divorce made illegal, polygamy now plays that role. Husband asserts his power through the threat of remarriage. It becomes a way to discipline or threaten the first wife. Lack of legislation in this area also encourages the men. If he remarries, he is not doing anything illegal or unIslamic.

Let us now see what husbands tell the second wife about his reasons for marrying her. Love and then religion crop up again at 43% and 40%

The dominant reasons given to the second wife were:

“He loved her” (43%), suggesting that emotional or romantic justification was the most common explanation. “Religion allows four wives” (39.7%), again showing that religious sanction is used as a legitimizing tool for remarriage. Together, these two reasons alone account for over 80% of responses.

12–15% of men justified remarriage by discrediting the first wife by saying that he did not love her (14.8%), that she is ill-mannered (11.5%), that she could not conceive (12.9%) or that she could not bear sons (4.2%). These collectively reflect patriarchal blame-shifting, where the first wife is portrayed as the cause. The data also reflects gendered power imbalance — men control the narrative, often invoking love, religion, or the first wife’s faults to rationalize remarriage.

12.8% of second wives reported that the man lied about being divorced, and 17.3% of first wives said they did not know the reason at all, showing dishonesty and manipulation in both relationships.

Arranged marriages by parents were mentioned by 13.8% of first wives and 19.7% of second wives, implying that family involvement sustains and normalizes polygamous practices.

Work-related reasons (“staying far away for work”) appeared more often among second wives (12.6%) than first (8%), perhaps used as a socially acceptable excuse for taking another wife.

Husbands tailor their justifications depending on the audience. To the first wife: reasons that distance or dismiss her — emotional detachment, religion, or her inadequacy. To the second wife: reasons that attract or reassure her — love, religion, or sympathy toward the husband’s situation. The data exposes a dual communication strategy rooted in patriarchal privilege, where men control both narratives to maintain power and legitimacy. The consistent invocation of religion and reproduction reveals how social and cultural norms are instrumentalized to rationalize polygamy. Emotional manipulation (love), moral justification (religion), and social conditioning (infertility, arranged setups) together form the triad of rationalizations used by men to remarry.

 

Thursday, 13 August 2026

TIMELINES OF SECOND MARRIAGE

TIMELINES OF SECOND MARRIAGE

Article 5 based on the data published by BMMA in ‘Breaking the Silence’ https://notionpress.com/in/read/breaking-the-silence-1410178808-1410178808 

In this article we will look at various other aspects of a polygamous relationship that throws light on human psychology, psyche of a man and patriarchal impacts on the relationship. We asked women what was the gap between their husband’s first and second marriage. The idea was to see what time span passes before a man decides to marry another woman.

26% of men remarried within the first three years, pointing toward early marital dissatisfaction or pre-existing relationships. Either they knew their second wife before marrying the first wife or they fell in love as we see in the 40% of the cases. Three years is also not a long enough time to establish a bond with your wife especially if it is an arranged set up. In an arranged marriage, the bride and the groom, do not even meet or see each other before marriage. All decisions are taken by the parents. It could be that there was no bond established at all. A man can walk out of a relationship or enter into a new one, but the cultural socialization of a woman forces her to remain where she is.

In many cases the decision is not entirely by husband alone. Parents may not be happy about the dowry received, they expected an early male child, son’s love marriage with the first wife or general unhappiness or high expectations. Marriages bring jewellery, gifts, material stuff. For some, remarriages are a source of income. Husband and the family may not be happy with the income thus earned.

Marrying a complete stranger may take a lot of time for bonds to get established and not everyone has the patience or the skills to make it work, especially when you are child bride or groom or very young adult. They may not have the skills or the understanding of how to communicate, understand conflicts or have skills to resolve the conflict. Husband’s family is also not the right physical space for the conflict to be resolved. His parents will mostly always be sympathetic to their son. Remarriage for the husband then is much easier than working towards resolving conflict or talking it out with his wife.

It could be that there was an existing relationship before the first marriage. Family pressure made him marry his first wife and his own will made him marry the original woman of his choice. Although his first love, it lands up becoming his second marriage. But atleast he did what he always wanted to do. Sadly, that option is not available for the woman.

Although not discussed too openly, sex could play a role in the man moving towards a second marriage. There are high expectations and myths associated with sexual activity and young couple may be completely at sea about it. There is no pre-marital support and information from the family, there is no communication between the couple and total lack of sexual health awareness.

Men migrate for work from one state to another, one city to another leaving behind one family. He is then free to set up his own home in another city. First wife left behind may find herself in hostile family environment but he gets to get away from it all.

Young girls today have changed and they may not be willing to adjust, compromise, sacrifice for the new family. She wants a partner who shows love and care and it able to respect her. Young boys have still not learnt to do that. Young bride may be completely unwilling to cook and feed large families or compromise on her career or live in joint families where she has no say. Early fights and conflicts then become inevitable. Again, the man gets to get away from it all through another marriage.

The slightly larger group (30%) reported that their husbands remarried after more than eight years of marriage, showing that many men entered second marriages later in life, often after the first family was established. It could also be indicative of probably the bond already being established but there is no love and affection. At this stage, the marriage has stabilized, couple are aware of each other’s habits, nature and temperament. They are now aware of their own unmet needs, dynamics with other members of the family, emotional disconnect, financial concerns, fertility issues and dissatisfaction at multiple levels. The family has either added to the damage or has tried to help but have failed to keep the couple together.

After 8 years the husband has mostly achieved a certain financially stability which then gives him the confidence to start another family. He may be genuinely be wanting to maintain both families but is unable to do so. May be the second marriage appears lucrative with fresh dowry or the second wife may be an earning woman.

Also divorce could be cumbersome now with triple divorce no longer available as an option. He may have to compensate his first wife if he goes ahead with the divorce. Remarriage is cheaper especially if he does not have to maintain his first family out of sheer irresponsibility.

It is also possible that the wife must be infertile or suffering from chronic illness requiring regular medication. It is then a burden on the husband and setting up another family seems to be an easy way out.

All the above reasons get validated because all these reasons get reflected in the study in some way or the other. We have looked into the intricacies of these marriages not just in terms of the reasons of multiple marriages but also in terms of its nuanced impact. The least we can do is bring in legislative prohibition to in some way impact the social narrative of polygamy.

 

 

 

Sunday, 22 March 2020

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.