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| Edited By: Kanchan Srivastava |Source: DNA |Updated: Mar 08, 2015, 05:40 AM IST
Can you explain your proposed codified Muslim Law?
The Muslim Family Act (bill) is based on the values and principles of the Quran and thus it is compliant with Indian Constitution. It aims to consolidate, clarify and codify the provisions of Muslim law and related to procedures regarding Muslim marriage, divorce, maintenance during marriage, after divorce and widowhood, custody of children etc. We have drafted this in consultation with hundreds of underprivileged Muslim women from 11 states. It is the modified and codified version of the Muslim Personal Law (Shariat) Application Act, 1937 which is in force at present. We are exploring the way to take it to the parliament.
What are the major provisions that your proposed law offers?
Our proposed law seeks to abolish customary practices and ambiguity that have crept into the Muslim personal law over the time. It proposes to abolish polygamy, khulla talaq (verbal divorce), ad-hoc marriages (halala), 21 as marriageable age for boys and 18 for girls, registration of marriages with district authorities, minimum one year's full income as Mehr to be given at the time of marriage, right of women to seek divorce among other provisions. This also puts the onus on the husband to maintain wife and children even though the wife is earning, gives custody of children below 14 to women.
How is Quran compliant with Indian Constitution?
The Constitution gives freedom to citizens to follow faith of their choice, so as Quran. Indian Constitution and Quran don't discriminate between genders, don't allow polygamy. Both are rational and give equal rights to women.
If that is the case, why are there so much ambiguity and controversies with regard to interpretation of Quran?
Those interpretations go back to 12th and 13th centuries. Some of them were prepared by non-Muslims. Why should we follow such interpretations when we already have contemporary and better interpretations? American scholar Amina Wudud, for instance, has done it with progressive perspective. But Muslim clerics continue to refer to obsolete versions just to deprive women of their rights.
What are three biggest issues affecting Indian Muslim women?
Poverty, communal violence and silence of the community over discrimination of women. The community as a whole is very poor but poverty affects women the most, mainly the widows or divorcees. Communal violence which erupts in intense form almost every decade has made Muslim women's life more miserable. Incidences of rapes, loss of homes, family members during riots push them towards extreme fringe. Riots also lead to ghettoization of the community, leading to further insecurity among women. Deliberate silence on the part of the community, men and women both has left the Muslim women extremely marginalised.
How have people, especially the clerics, reacted to your proposed law?
It's not welcoming at all. They even refuse to give audience to us. Most Muslim women are too scared to discuss it, so are men. Thankfully, we are getting support from non-Muslim organizations and women groups, which is encouraging.
Did you ever seek support of Muslim politicians to pursue women's cause?
Muslim politicians are the most disappointing lot. We have been shown the door whenever we tried to get them along to strengthen our cause, as they fear losing their vote bank.
