The Bharatiya Muslim Mahila Andolan released the final draft of the Muslim Family Law on Friday. The proposed rules, which have been amended according to the constitutional and Quranic values, were framed over nine long years. Its first draft was presented in 2014.
The final draft proposes no amendments in the present Muslim Marriage Act, but demands legislation on issues such as polygamy, age of marriage, the practice of halala, unilateral divorce, and custody of children and inheritance rights.
Noorjehan Safia Niaz, co-founder of BMMA, said, “The draft is an attempt to bring legislative protection to Muslim women. Every community has their own marriage laws. We are also asking for one legislated law that can enable and empower us to raise our voice against unfair parctices. We gladly welcome Supreme Court’s recent triple talaq judgement. It has restored our faith in the judicial system. It is time to work on the issues we have raised too.”
Shabnam Yasin Khan (24), a victim of triple talaq, said, “I had no idea what to do. My parents are still reeling under pressure of paying off the loan of ₹two lakh that they took for my marriage. I even have the responsibility of looking after of my daughter. The government should pass this draft and provide justice.” Khan was abandoned by her husband six months ago as he was disappointed with her for bearing him a girl child. Now, she has been left to fend for herself and her 10-month-old daughter. The verbal, instant divorce was pronounced by Khan’s husband over the phone to her father.
Another major issues that the draft addresses is strict actions against the qazi. Khaitun Shaikh, Mumbai covener of BMMA, said, “We often receive complaints of women being abandoned by their husbands without financial help. The women are left to look after their own and their child’s survival. This draft is based on the values of equality espoused by the Quran and the Constitution of India. They are in the best interests of women and children.”
BMMA is also training women to perform the role of the qazi. Ms. Shaikh recently became the first woman in Mumbai pronounce marriage vows. She said, “It requires rigorous training for three years and involves written examinations.”