By Md. Ali, TwoCircles.net,
Second in the three part series on Kerala Muslim Marriage Bill
The Kerala Law Reform Commission (KLRC) has drafted a bill in order to regulate the practice of polygamy and check the misuse of talaq as an instrument of divorce among the Muslims in the state. TwoCircles.net talked to many representative organizations that are in favor of this Bill asking reasons for their stand on the bill.
The bill titled as the Kerala Muslim Marriage and Dissolution by Talaq (Regulation) Bill seeks to reform the Shariah laws. It proposes the creation of conciliation councils in each district which will take up the cases of indiscreet marriages and divorce among the Muslims of the state.
The “conciliation councils” will be headed by a retired Muslim judge. It also considers the second marriage of either the husband or wife as punishable offence under the IPC.
This bill has been sent to the Muslim legal luminaries for their opinion and will be submitted to the government soon.
It has sought a variety of responses from the Muslim community be it the common masses or its intellectual class. Moreover it has created a debate in the community to ponder over the effects of polygamy and talaq on the community.
The bill has sought positive responses almost from all the women’s activists across the religious, political and ideological divides. They have been pitching for the bill and mobilizing forces to pressurize the government to legislate the bill.
KWF members protesting visit of Narendara Modi to Kerala in January 2008 [Photo by Razack India
Kerala Women’s Front (KWF) is an organization working for the empowerment of women in general and Muslim women in particular in the areas of socio-economic empowerment through education.
TwoCircles.net talked to Febeena Seethi, the president of KWF. Her stand was somewhere between a complete ban and complete freedom of polygamy.
She pointed out that KWF supports the Kerala Muslim Marriage and Dissolution by Talaq (Regulation) Bill. The Bill if enacted will contribute in preventing the exploitation of women which usually polygamy and the misuse of Talaq lead to.
“We are for it” she said. But then she pointed out that she is not at all in favor of complete ban instead some kind of regulatory authority should be put in place.
According to her polygamy is a double edged sword in the sense that it can be useful but it can also be a way to exploit women. Usually it becomes a way of exploitation of women where their lives are made miserable because of it.
But at the same time she pointed out that there are tens of cases which she knows personally where women who are in polygamous relationships and are happy. They are not being exploited and are rather very comfortable being a part of the relationship. So in some cases it is a blessing.
Although she did accept that these kinds of cases might be a miniscule minority but this is also an aspect of polygamy as it is being practiced in the state. She had some suggestions for the government which she wanted to be included in the bill.
“There should be a women and a religious scholar in the conciliation councils.” She explained that the representation of women and a religious scholar is very important. The religious scholar will help in avoiding any kind of controversy and the woman member will help the council in understanding the complex issues of women and thereby it will help the council achieve its purpose.
But she had something more to say about the practice of polygamy in Kerala. First of all, she said, till now there hasn’t been any proper study on the practice of polygamy among the Muslims of the state. Usually people say that polygamy is widely practiced in Malabar but she hasn’t come across any single case of polygamy in the region.
So before bringing about any legislation it is very important for the government and the public to know to what extent polygamy is being practiced in the state then only will one be able to analyze its effects and consequences on people.
A big section of all the people who support the Bill feel that it is high time that reform must happen in the Muslim Shariah law or Muslim Personal Law.
So their support of the bill can be seen as motivated by an effort to bring about some kind of balance between the Shariah laws and changed circumstances of the modern times. Likewise Dr. Feebina also expressed an urgent need for the reforms in the Muslim Personal Laws.
Finally she pointed out that it has been experienced that only legislations have never been sufficient to control some practice or any person. For instance – dowry. Since the first legislation on Dowry many more laws have been made but only to increase the number of dowry cases.
The misuse of Talaq and polygamy can only be stopped with a change in the attitude of men and for this we need a war like campaigning against the both practices by every medium and every suitable platform. Dr. Seethi also pointed out that almost every woman’s organization has supported the bill.
Kerala Women’s Commission member and a pro-Left women’s rights activist P K Sainaba has reportedly favored the bill.
Twocircles.net tried to talk to the secretary of the Jamaat-E-Islami in order to know its stand on the Bill but the office bearer was unavailable for comment.
TCN talked to Mr. M Ebrahim the executive Editor of the Madhayam Daily, a Jamat sponsored news paper. Mr. Ebrahim pointed out that the stand of the Jamat also is largely supportive of the bill with some suggestions.
It has favored the bill because it acknowledges the problems created by the misuse of polygamy and Talaq. It also appreciates the efforts of the Kerala Law Reforms Commission (KLRC) to reform the Shariah laws which are related to polygamy and divorce in order to check its misuse.
But what it has suggested to the KLRC that it must also discuss the issues with the Muslim Scholars. The Jamat-e-Islami has called upon the Muslim Ulamas to think upon the Bill in the context of the misuse of Polygamy and talaq. It has also suggested them not to reject the bill blindly.