VIEWS OF MUSLIM WOMEN IN MAHARASHTRA ON MUSLIM FAMILY LAW

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. 

NATIONAL STUDY ON POLYGAMY MUSLIM WOMEN’S VIEWS AND EXPERIENCES

Summary Of Findings

NATIONAL STUDY ON POLYGAMY

MUSLIM WOMEN’S VIEWS AND EXPERIENCES

Our survey indicates that being in a polygamous marriage causes tremendous emotional trauma to the woman apart from economic and other hardships. It effects the woman’s sense of self respect, self-esteem and dignity as a human being. The issue is compounded by educational and economic deprivation as they are in no position to raise their voice and demand fair treatment. Most wives in polygamous unions have low education and income status. 77% first wives are dropouts below SSC, 43% do not have an income. Further, a large proportion of women in such arrangements – about 52% - have an income below Rs 10,000. This indicates that women in these marriages are deprived of economic independence. In 45% cases the age of the husband at the time of the 1^stmarriage is between 21 and 26 years and in 38% of the cases the age of the husband at the time of the second marriage is between 21 and 26 years. With only 9% of the husbands having studied between graduation and post-graduation, it can be concluded that the educational level of husbands in such unions is also quite low. Another important piece of data that has come out of this survey is that in 49% of the cases where the woman happens to be in a polygamous union, the parents have selected the spouse. This shows the relatively little autonomy that women have within this institution and makes a mockery of the Quranic provision of consent. It also highlights that assumptions about free, autonomous choice of spouses in polygamy is not true.

It is clear that women hardly have the same bargaining power as men when it comes to choice of spouses, especially in instances of polygamy. An overwhelming number of women said they felt a sense of betrayal, loss of dignity and loss of self-respect when the husband remarried despite her being the wife. The survey highlights severe mental health issues that plague the women. 50% of the women said that they were depressed most of the time. They also reported other symptoms of depression such as lack of adequate sleep (43%), frequent aches and pains (33%), not feeling good about themselves (33%), and even a tendency to self-harm (43%). An overwhelming number of women (84%)  felt that polygamy should be outlawed. A large number of them (73%) even said that the husband who takes a second wife should be punished.

Under- age marriages:

o    29% girls [ who are 1^stwives] and 18%  [ who are 2^ndwives] were married below the age of

18

Low education:

o    71% second wives are dropout below SSC, 20% illiterate, 4% graduate

o    77% first wives are dropout below SSC, 11% up to SSC, 7% graduate, 1% PG

Poverty:

o    42% first wives have no income at all; 40% have an income of below Rs 1000

o    45% second wives have no income at all; 34% have an income of below Rs 1000 

 Wife’s permission not sought:

o    Only 23% husbands informed the wife about their second marriage

o    72% women learnt about husband’s second marriage through family or external sources like neighbours or friends.

o    90% wives’ said their permission was not sought by the husband

Reasons: the women narrated the kind of reasons provided by the husbands as follows:

o    35% of the husbands gave the reason that they fell in love with someone else o 11% gave the reason of no children

o    6% said they remarried to support a widow or divorcee o 12%  said their parents asked them to o 4% said their wives were bed-ridden o 10% blamed their first wives o 6% remarried because they wanted sons

o    11% were not happy with her body (skin colour, too fat/thin)

45% of the husbands threatened their first wife with divorce if she resented his second marriage

Role of Qazi Court

o    29% of the women approached a Qazi for redress after their husband’s  second marriage

o    42% of the women were told to adjust because it is allowed in Shariat o 10% said it was his right in Islam o 22% were asked to take Khula

o    26% were asked to file a case against the husband if they were unhappy

Relations  after Second marriage

o    41% of the husbands do not live with her anymore, o 25% husbands spend less time with her,

o    16% said the frequency of fights has increased,

o    15% husbands do not at all care for the first wife

Monthly maintenance

o    40% of the husbands provide first wife’s monthly maintenance, o 47% do not provide monthly maintenance,

o    13% husbands provide monthly maintenance irregularly

o    44% of women started working after the husband remarried

Housing status

o    41% moved to their parent’s house, o   35% live in the same house as before, o            14% live on their own in a rented house

o    10% live in a new house provided by their husband

45% women said they are tolerating the second marriage because they have no other option and they are concerned about their children

Over 50% women suffer from mental trauma such as depression, self-blaming, suicidal tendencies

84% women feel that polygamy should be made illegal

73% women feel that husbands indulging in polygamy should be punished.

Muslim Women are Entitled to Law Against Triple Talaak

MUSLIM WOMEN ARE ENTITLED TO LAW AGAINST TRIPLE TALAQ

Dr. Noorjehan Safia Niaz and Zakia Soman 

It was a historic day for Indian democracy when Lok Sabha passed the Muslim Women [Protection of Rights on Marriage] Bill 2017. Muslim women are entitled to legal protection in matters of personal law as much as all Indian women. But thanks to the alliance between patriarchal conservative religious bodies and the political class Indian Muslim women have faced discrimination in personal law matters. The Muslim women’s’ movement against triple talaq in the last few years has made this change possible. It is equally significant that the Bill tabled by the central government was supported by the Congress and other opposition parties. Indian democracy has certainly evolved since 1986 when a lone Shah Bano was silenced by the patriarchal leadership with support of the political leadership. This latest development is the outcome of the consistent courageous struggle of ordinary women for gender justice. My Allah has made me equal has been the motto of this struggle. It is equally significant that ordinary Muslim women have clearly demonstrated faith in democracy and democratic institutions such as the courts.

Before considering the merits and demerits of the Bill a few facts need to be highlighted here. The Constitution grants right to religious freedom to all citizens. It also allows for personal laws to be based on respective religious texts of different faith communities. That is how we have the Hindu Code comprising the Hindu Marriage Act, 1955, the Hindu Succession Act, 1956 and a few more laws. The amendments in Christian Marriage Act have enabled justice for Christian women in marriage and divorce matters. Whereas the Muslim patriarchal bodies have stone-walled any discussion on reform in personal law. Muslims are governed by the Shariat Application Act, 1937 which is silent on important issues such as age of marriage, procedure of divorce, nikah halala, polygamy, women’s’ share in property etc. This has led to injustice to women in the form of the abhorrent practice of triple talaq which was set aside by the Supreme Court in August 2017. But despite of the SC judgment triple talaq continues to take place and women continue to be thrown out of their marital homes in an arbitrary manner. A duly codified law laying down the procedure of divorce, support for the divorced woman and penalty for violations is imperative. 

In this regard at least two amendments are necessary in the present Bill. Firstly, the proposed law should lay down a detailed procedure of divorce based on the talaq-e-ahsan method involving reconciliation, mediation between the couple lasting for a period of minimum 90 days. While the proposed law says that triple talaq or talaq-e-bidaat is illegal, it should also suggest what the legal way to divorce is. This would be somewhat similar to the mandatory six month cooling off period in the divorce of a couple married under Hindu marriage law. At the end of this mandatory process of arbitration and dialogue the divorce can happen if the matters can’t be resolved. The Quran emphasizes on a just and fair divorce meaning the wife should get shelter, maintenance support, custody of children etc. The law should provide greater clarity on the support allowance mechanism. Secondly, violation of law should invite punishment as any law is meaningless without deterrence. The offence of talaq-e-bidat should be a non- cognizable and bailable offence. The final choice of registering an FIR followed by a legal case should rest with the wife. Marriage is a matter of civil law and should be viewed as such while furthering gender justice. Bigamy is an offence both as per the Hindu Marriage Act and as per 494 of the IPC punishable through imprisonment up to seven years. This means that if a Hindu, Jain, Buddhist, Sikh, or even Christian man commits bigamy, he commits a non-cognizable offence punishable up to seven years in jail.  The proposed law must draw from the bigamy law, dowry law and the domestic violence prevention law where the offence is punishable.

Howsoever late, the Bill has been welcomed by Muslim women as a step forward.  The elected representatives cutting across the political spectrum have supported its passage in the Lok Sabha. It is hoped that they would collaborate constructively in strengthening the bill with suitable amendments and make this law a reality.

The Bill is expectedly being opposed by some patriarchal religious bodies. But certain expert academics working overtime writing articles to find only faults with the Bill is rather amusing. For one, these experts never spoke out in support of the Muslim women’s struggle against triple talaq. They were silent when stories of untold hardships and suffering of women were surfacing all across the country. They chose to trivialize the painful realities of women by starting a false debate around the rate of divorce in the Muslim community. In reality the debate was about the method of divorce and not the incidence per se. Leave alone using their scholarship and legal acumen for gender justice, they made every effort to obfuscate the issue of triple talaq. They need to recognize the historic shift where the ordinary Muslim woman has understood the patriarchal game and mansplaining is not working any more. 

The opponents of the bill must understand that it cannot be rejected just because it was introduced by the BJP government. For, the time for gender justice is never right. The government and opposition need to work together to enable legal protection for Muslim women. This is the message from the ordinary women who have fought against all odds with courage and determination against triple talaq. 

Zakia Soman and Dr. Noorjehan Safia Niaz

Co-Founders, BMMA

Summary of Amendments to the triple talaak bill.

SUMMARY OF AMENDMENTS 

THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON MARRIAGE) BILL, 2017

1.        Any pronouncement of talaq other than the Talaak-e-Ahsan shall be illegal.

2.        The aggrieved wife can initiate proceedings under this Act only after the husband has failed to initiate divorce proceedings as laid down here.

3.        An offence punishable under this Act shall be at the instance of the aggrieved wife, nobody else can register the FIR.

4.        This offense shall be cognizable and bailable

5.        Whoever pronounces triple talaq shall be punished with imprisonment upto one year and/or fine.

6.        Any person or organization other than the husband which abets triple talaak shall be punished with imprisonment for a term which may extend to three years and fine.

7.        Any person who compels a woman to do halala shall be punishable with an imprisonment of three years and fine.

8.        Any person compelling a woman to agree to a marriage with inbuilt divorce [Muta] shall be punishable with an imprisonment of three years and fine.

9.        A married Muslim woman upon whom talaq is pronounced, shall continue to be entitled to receive from her husband such maintenance as she has been receiving during the subsistence of the marriage for her and dependent children

10.    A married Muslim woman shall continue with the custody of her minor children in such manner as may be determined by the Magistrate.

11. A married Muslim woman will continue to enjoy the right to reside in the marital home.