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In the congested Bhendi Bazar area of Mumbai, a small band of Muslim women formed an organisation called Aawaaz-e-Niswan (Voice of Women). For the past 13 years; this organisation has been trying to mobilise public opinion, specially within the Muslim community, in favour of legal and social reforms so that practices like unilateral ‘talaq’ (divorce) are done away with. The Times of India spoke to Hasina Khan, the 31-year-old activist of Aawaaz-e- Niswan. Excerpts.
Q. Why was the need felt by you
and other Muslim women to form Aawaaz-e-Niswan?
A. During the Shah Bano case many
Muslim women supported Shah Bano. Even though several Muslim politicians
criticised the supreme court judgment, a large number of Muslim women supported
it because it granted them justice. However, these women did not come out
in the open for various reasons. Hence many of us felt the need to form
an organisation. They included victims of unilateral ‘talaq’. Thus Aawaaz-e-Niswan
came into being in 1987. It now consists of as many as 5,000 members, both
educated and uneducated women.
Q. The Muslim Law Board has declared
that the problem of unilateral ‘Talaq’ is not a legal problem, but a social
one. Please comment.
A. We don’t agree with this perception.
It is very much a legal problem. In fact, one of the main reasons for the
backwardness of Muslim women is the personal law. When a Muslim woman is
divorced unilaterally she is left to fend for herself It is a question
of sheer survival for her and her children. This being the case, there
is no question of her getting her children educated. She has nowhere to
go. Unilateral divorce worsens the condition of Muslim women and their
children in ways which cannot be imagined by others. Still the board says
that there is no need to change the law!
Q. But don’t you agree that it is
also a social problem. How can a mere change in laws alter the situation
for Muslim women. In India, we have several progressive legislations which
do not give relief to the people because of their non-non-implementation.
A. My contention is that let the
law be amended first. We can come to the question of implementation later.
Let us get our priorities correct. Article 44 of the constitution says
that the government has no right to interfere in the personal law of any
community. By using this section the personal law board says that the government
cannot interfere in Muslim personal law. We will be very happy if the problem
is resolved within the framework of the ‘shariat’. In fact, it should be
possible to solve the problem within the ambit of the ‘shariat’.
Q. How is it possible within the
framework of the ‘shariat’?
A. As per the ‘shariat’ a Muslim
marriage is a contract. This being the case, we demand that a standard
‘nikahnama’ or the marriage contract should be framed in such a way that
a Muslim husband giving divorce will have to fulfil a set of conditions
like grant of adequate maintenance to the divorced wife till she remarries.
Also the ‘nikahnama’ should confer the right of divorce to women also under
certain circumstances. The ‘shariat’ itself provides for this and it is
called ‘khula’.
Q. Several Muslim organisations
claim that practices like triple ‘talaq’ have the sanction of the Holy
Quran. Is this true?
A. The Quran has written in detail
about divorce, but many of the divorces at present are not as per the holy
book. The Quran says that the word ‘talaq’ has to be uttered thrice over
a period of three months and not in one stroke. The idea was to give sufficient
time to the husband to reflect upon his decision and utter the final ‘talaq’
only if he feels fully justified. The stress is on reconciliation. It also
states that a divorce can be taken if there are major problems like that
pertaining to health, inability to conceive, lunacy and total incompatibility.
It also says that while giving ‘talaq’ the husband should ensure adequate
‘malumata’ or means of livelihood to the woman so that she is not condemned
to the streets.
Q. At present there is also a debate
on the question of maintenance beyond the ‘iddat’ period which is three
months after the divorce. What is your view on this?
A. The high courts of Mumbai and
Kolkata have ruled that maintenance should be given till the woman remarries.
We welcome these judgments. These are very supportive of Muslim women.
But these have been challenged in the supreme court in as many as 26 petitioners.
Q. The Muslim law board says that
beyond the ‘iddat’ period, the wakf boards wig provide maintenance to divorced
women. How supportive are the wakf boards?
A. The wakf boards have no funds
and many of them are dysfunctional. This being the case there is no question
of their helping women. I cannot recall a single divorced woman being helped
by these boards. The result is that a divorced woman has nowhere to go.
It is said that women have a share in her parents’ property and they can
go back to their parental home after divorce. The reality is totally different.
Nobody wants a woman who stakes a claim to property.
Q. Is their resistance to your campaign?
A. Yes. Fundamentalist elements
are opposing us. But we are marching ahead because of the tremendous support
we are receiving not only from women, but also from men whose sisters have
been divorced. We are now networked with like- minded organisations in
India, Pakistan, Bangladesh and other countries.
Q. What is the position vis-à-vis
‘talaq’ in Islamic countries?
A. In Pakistan, which is an Islamic
country, triple ‘talaq’ is banned. If a husband wants to remarry or divorce
his first wife he has to apply to the court and as long as the court does
not complete its investigation the husband cannot divorce. Bangladesh also
has a similar law. There are such progressive laws in other Islamic countries,
but in a secular nation like India we do not have such laws.
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