Special Report |
Beyond the veil
An all-India conference of Muslim women demands radical changes in the
existing Muslim Personal Law Ab bana pardon ka parcham (Our veils are now our flags The sight was refreshing and reassuring. Over 200 Muslim women
from over 50 grass-root organisations from all over the country, each a living
symbol of individual and collective struggles against an oppressive and
patriarchal religious hierarchy, meeting together in Mumbai last month to demand
radical changes in the existing personal law for India’s Muslims. The outcome was a radical charter of reform that has been
addressed to the All–India Muslim Personal Law Board, demanding change. But what
if it does not respond, refusing as it did to delegate a single mufti to
attend the conference despite the invitation? Setting up of an alternate
personal law board at the end of a year–long campaign, networking and lobbying
for change among groups all over the country. Or else, the constitution of an
all–woman jamaat, which could settle disputes presently adjudicated upon
by male muftis! What concretely emerged with a wide consensus at the conclusion
of the three–day conference were the following immediate demands that are being
made of the existing Muslim Personal Law Board: Ø a ban on unilateral triple talaq; Ø registration of all talaqs; Ø maintenance for divorced women beyond the iddat period; Ø guardianship of the children to the mother, whatever her
earning capacity unless she wishes other–wise; Ø no deferment in payment of mehr after a divorce takes
place, in a form that appreciates in value over time. The conference, ‘Muslim Personal Law and Women’ was the
culmination of a whole year of mobilisation launched at the initiative of
Awaaz-e-Niswan, a Mumbai–based group working with Muslim women. As the participants who hailed from diverse regions spread all
over India –Cochin, Hyderabad, Mumbai, Delhi, Barelli, Bihar spoke, sharing
their real–life experiences before articulating demands, there was no whiff of
any defensiveness or insecurity that is apparent whenever men gather at other
fora to discuss the issue. No cry of ‘Islam in Danger" was raised; on the
contrary, women affected by an unrelenting religious and political readership
articulated their demands maturely and cogently. "As a minority within a
minority community, there is no support structure to protect our rights,’’ said
Haseena Khan, of Awaaz–e–Niswan, pointing out that even the limited
provisions in the existing Muslim personal law were not implemented properly.
Intellectuals and academics from Delhi and supportive feminist
groups were present at the conference as silent observers. Muslim women
themselves, from grass–root level groups whose membership included barely
literate divorcees, among others chalked out both the charter of demands and the
future strategy. While formulating the first demand for a ban on triple talaq,
participants pointed out that despite the fact that the Muslim marriage is a
contract, it is not formalised through registration but is dependent on the
maulana who performs it. "Since there is no registration, the husband can
even deny that a woman is his wife. It is the same with divorce. A woman has no
way of knowing whether her husband has another wife,’’ said another participant. Instances were cited of contradictory fatwas issued by
the same mufti depending on who paid him more — the boy’s family or the
girl’s. Hence the need for codification of at least those aspects of Muslim law
which relate to marriage and divorce. Other demands that were articulated at the conference included
one for the standardisation of the nikaahnama (marriage contract), equal
rights regarding adoption and guardianship of the children and the right to
matrimonial residence and property. The voices of middle–aged mothers and even grandmothers, heads
covered by dupattas, expressing anguish followed by some solutions
collectively voiced. That was what made this conference so different. The
participation by teachers, scholars and lawyers lent weight to the growing
assertiveness of Indian Muslim women. Will the Muslim Personal Law Board have the courage to rise
above its own narrow predilections or is it doomed to be rendered irrelevant in
the coming years? |