Summary of the findings-Seeking Justice Within Family

Seeking Justice Within Family
National Study on Muslim Women’s Views on Reforms in Muslim Personal Law
Summary of the Status of Muslim Women
The annual income of 73.1% of the families is below Rs.50,000
55.3% have married before the age of 18.
46.5% of the women surveyed have 1 or 2 children
53.2% of the surveyed women have faced domestic violence
78.7% of the women are home makers
95.5%, i.e., 4499 women have not heard of the All India Muslim Personal Law Board.        
Summary of the Findings Of The Study
Age of marriage
75.5% women want age of marriage to be above 18 years for girls
88.3% women want age of marriage to be above 21 years for boys
Mehr
85.7% want mehr to be given at the time of marriage
83.9% want his annual income to be the mehr amount
75.1% do not want woman to forego her mehr if she is giving khula
Polygamy
91.7% do not want their husbands to marry another woman in the subsistence of first marriage
Divorce
92.1% want a total ban on oral/unilateral divorce
88.3% want talaak-e-Ahsan to be the method of divorce
93% want arbitration process to be mandatory before divorce
72.3% want the arbitration process to be between 3 to 6 months
88.5% want the qazi to be punished who sends notice of oral divorce
Custody and adoption of children
88.9% want women to retain the custody of children after divorce
95.6% want ex-husband to pay for children’s maintenance even if she holds their custody
92.7% want consent and well being of the child to be the deciding factor for custody
79.8% want the adopted child to be treated as a natural heir to the property
Codification and Darul Qazas
83.3% believe that codification of Muslim family law will help Muslim women get justice
87.9% feel that the activities of the darul qazas should be monitored by the state
95.4% want Muslim women to provide legal aid

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11 Comments Add yours

  1. Hi,
    We are an NGO, recently started a new social experiment where we bring together mothers from all walks of life. The women share their day-to-day concerns though a community radio, particularly those concerning the safety and security of their families. We would like to share your report 'Seeking justice within family'. Where can we get a copy of your report?

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  2. This comment has been removed by the author.

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  3. Mr. Saumyakanti,
    You are requested to read my views above and also those of “S”, above.
    Then please comment on my view.
    Thank you.

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  4. Soumyakanti says:

    I read your full 212 page report on Muslim women's views on codification. I congratulate you on your monumental work. The state will have no choice but to take women's voices more seriously now. I wish you all the best in your work. I hope a day comes when your proposed draft becomes an Act.

    I would like to clarify one thing regarding the Uniform Civil Code. After reading your report I have changed my views about UCC. I now realise it is possible to have religion based laws which would be gender just. Perhaps we need an architecture where Muslims and Christian would be governed by their own codes, after required reforms. The rest of the population, can be brought under a non religious secular code since they are ready for it, and making it optional for Muslims and Christians.

    Another thing I read about in newspapers is , you often say whether Hindus would give up kanyadaan etc. The UCC is not meant to govern rituals. UCC exists in many other countries where Hindus reside. It does not prevent people from conducting rituals. Kanyadaan is just an informal ritual, it has no legal bearing. The law is meant to govern registration, divorce, alimony and other incidental issues. Nothing more. Even today, many educated Hindus have religious ceremonies but register under the Special Marriages Act since its secular.

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  5. S says:

    Your first misconception is that BMMA is fighting for the betterment of religion….Absolutely wrong…BMMA is fighting for social justice of women in india…Because in Islam there is no concept of betterment of religion, Prophet muhammad has finalized the Religion to its final form and has left nothing for betterment of religion, Almighty has not put the authority to modify the divine code in the hands of common peoples, Even prophet Muhammad has never made any law by himself….
    The fight is against those who use the religion to hide behind their mis-behaviour and atrocities…and proper implementation of the Divine code whose core is justice to each and everyone living on earth..Islam has code for conduct with the animals..and how it can allow the husband to misbehave with wife…
    The fight is against the evil in the society who have nothing to do with religion but use religion as a tool for their evil achievements…Fight is against those who misuse the Divine code and not the DIVINE code itself…

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  6. I am sorry to say, Honourable “S”, that if you want betterment of the religion, then you should be prepared for better changes in the religion.

    If this is your attitude, then be with “tallak” thrice, which exists in your system.

    I gave this suggestion only because, it is “Bharatiya Muslim Mahila Andolan” (BMMA), fighting for the betterment of the religion.

    As you are known only by letter “S”, I don't know who are you. Definitely you are not in favour of BMMA's stand, which appears from your letters.

    Let BMMA decide, what they want. I will not comment any further in this respect, unless BMMA organisers contact me, on my Email
    s.s1954@rediffmail.com

    Otherwise, this is my last letter to BMMA's site.
    Honourable “S” will not comment on this letter.

    Thank you.

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  7. S says:

    The concept of marriage in islam is so simple that presence of kazi is also additional requirement..Further is a non-muslim couple converts to islam their marriage is held valid by islam and no need to remarry them..So when a muslim couple will get married legally then what is the use of making 'Nautanki' of another marriage in front of community..It will be deceiving the community and making mockery of Islamic values..the solution you suggested is simply non-logical and impracticable…

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  8. 'S' who gave above comments on 21.8.2015, it seems that he/she has not read my comment dated 21.8.2015, ABOVE.

    IN MY ABOVE COMMENTS, I HAVE STATED IN BOLD LETTERS, THAT TO CHANGE THREE TIMES UTTERING “TALAK” FOR DOVROCE IN MUSLIM, READY MADE SOLUTION IS, TO PERFORM THE MUSLIM GIRLS' MARRIAGE UNDER SPECIAL MARRIAGE ACT, 1954, BEFORE DOING MUSLIM RELIGIOUS MARRIAGE.

    ENCOURAGE MUSLIM GIRLS TO DO HER FIVE YEAR LL.B. AFTER THEIR 12TH STANDARD (AFTER THEIR JUNIOR COLLEGE EDUCATION).
    ALL GRADUATE MUSLIM LADIES, JOIN THREE YEARS' LL.B. COURSE.
    BY DOING SO, BHARATIYA MUSLIM MAHILA ANDOLAN WILL GET SOME ADVOCATES OF THEIR OWN TO FIGHT FOR THEIR CAUSE IN THE COURT OF LAW, THROUGH THEIR OWN VOLUNTEER LADY ADVOCATES.

    THIS WILL SOLVE THIS “DIVORCE” PROBLEM OF MERE UTTERING THE “TALAK” THRICE, ONCE FOR ALL.

    In this respect any muslim lady want to know more information on this issuel from me, may Email me on my Email ID : s.s1954@rediffmail.com

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  9. S says:

    The root of atrocities on women is arrogant attitude of men towards women…This attitude has nothing to do with islamic teachings…and tripple talaq has nothing to do with it…Even in hindus there are no tripple oral talaq,there are millions of cases of atrocities and even burning alive..{burning is done in order to do second marriage…}
    What must change is the attitude of men towards women and it can be only changed by spreading the true teachings of islam and life of prophet Muhammad..Changing the oral/written/legal talaq methods is just a cosmetic change which will not solve the problem, but just change the format of problem…
    Allah knows the best
    Sameer…

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  10. Constitution of India, Part – IV.

    DIRECTIVE PRINCIPLES OF STATE POLICY.

    Article 44:

    Uniform civil code for the citizens.

    The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.

    COMMENTS

    Uniform law for all persons may be desirable. But its enactment in one go may be counter-productive to the unity of the nation.

    Pannalal Bansilal Patil v. State of Andhra Pradesh, AIR 1996, SC 1023.

    If you read Article 44, you will find that framers of Indian Constitution has made provisions for “Uniform Civil Code” for all citizens of our country.
    This uniform civil code has to be brought in by consultation with religious heads of all the religions.

    Muslims have always opposed to Uniform Civil Code.

    All India Muslim Personal Law Board has done nothing.

    As Article 44 comes under Part IV of the Constitution of India, by Constitutional Provisions, Government cannot be taken to the Court of Law.

    All the religions are protected under fundamental rights, in Articles 25 & 26, with restrictions levied in both the articles and also under Articles 27 & 28.

    Article 13 says “Laws inconsistent with or in derogation of the fundamental rights are void”.

    Bharartiya Muslim Mahila Andolan may have some advocates, who can study these Constitutional Provisions to change bad religious practices prevalent in Muslim Religion.

    For this purpose, then can study Muslim Laws from more than 100 Muslim countries in the world, just by Google search..

    Then frame laws for Indian Muslims, get them approved from people of our country, get their views.

    This work you can do from internet by Email, and then frame final laws for all the Muslims in our country.
    Then go for Government approvals & assent by President of India.

    Make sure that Jammu & Kashmir State Assembly gives its consent by 75% votes. Otherwise Kashmiri Muslims will be excluded from this Uniform Codified Muslim Personal Laws.

    PRESENTLY ONLY ONE EXISTING RULE CAN GIVE 100% SAFETY TO ALL THE MUSLIM LADIES IN INDIA.
    THAT RULE IS, DO YOUR MARRIAGE UNDER SPECIAL MARRIAGE ACT, 1954 AND THEN, IF YOU WISH, DO YOUR SHERIAT
    (MUSLIM RELIGIOUS) MARRIAGE.

    For doing Special Marriage Registration, you have to go to District Marriage Office of your district. Give 30 days' notice of your intended marriage in their prescribed form. After 30 days notice period is over, in next 60 days, you can do marriage registration, under special marriage act 1954.

    After this registration, you can do your nikha or muslim religious marriage

    What is the advantage of doing special marriage registration, before Nikha?

    If you do your marriage registration under special marriage act, before your nikha, your marriage is protected under “Indian Succession Act”.

    Under this act, husband cannot pronounce “Tallakh” thrice, even if your marriage later on takes place by Nikha, the Muslim Religious Marriage.
    Here, if husband want to get divorce, he has to go to Family Court for his divorce.

    Remember, this marriage do not come as an obstacle in your religious practices.

    In this respect, any muslim ladies want to consult me, they may Email me, s.s1954@rediffmail.com.

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