Guest Post by A SUNEETHA continuing the discussion on Uniform Civil Code on Kafila.

In popular imagination Muslim women’s unequal position in marriage is symbolized by cases such as Shah Bano or Imrana. It is understood this is the result of the religion-based Muslim personal law and the rigid control of women by the community in general and ulema in particular. Not many are aware that the same religion-based marriage law also offers tools for changing Muslim women’s position in marriage. In the last ten years, an ordinary document that every Muslim couple signs at the time of marriage – nikahnama or marriage contract – has assumed such a role. It has been innovatively used to initiate discussions and push for changes in the community’s thinking about the Muslim women’s position in marriage. In these efforts, a large number of “religious” and “non-religious” Muslim groups got into a conversation and set off a consensus-building process on the issue of a Muslim woman’s “entitlements”.

This discussion assumes importance in the context of the ongoing debate on UCC.  The debate on the UCC entered a new phase when, unhappy with the removal of Muslim women from the ambit of S 125 Crpc that guarantees all divorced women a minimum maintenance and the promulgation of a separate provision for divorced Muslim women called Muslim Women’s Maintenance Act 1986, many women’s groups renewed their demand for a UCC in 1990. Such a Code, it was hoped, would bring marital equality to women of all religions. When the Bharatiya Janata Party hijacked this demand to castigate Muslim men, (as if Hindu men were free of misogynist and patriarchal behaviour), such a hope was irretrievably lost. In the post-Babri Masjid demolition period, when there were pogroms against the Muslim communities, such a law would have found it impossible to garner support from the Muslims, especially if it were made by the BJP dominated Parliament. As anyone familiar with law knows, a consensus is important for law-making so that it is accepted and followed. But the changed situation of unparalleled parliamentary dominance of BJP brings newer challenges to all those working on issues of gender justice in all communities.

Muslim women were caught in this unenviable position since the 1990s – of having to address their own situation – under-age marriages, non-payment of mehr, arbitrary talaq, cruelty in marriage, maintenance after talaq, multiple marriages of men, resistance to women’s employment etc. while taking care that the Muslim men are not vilified further. Continue reading Debating Muslim Law after Shah Bano – the Model Nikahnama Initiative: A Suneetha →