Author: Agencies
Publication: ChennaiOnline.com
Date: November 8, 2008
URL: http://news.chennaionline.com/newsitem.aspx?NEWSID=7c453a52-c70a-4edb-9dd8-645c92f941d7
In a proposal which could spark strong reactions,
the Kerala Law Reforms Commission has mooted a legislation to restrict polygamy
among Muslims and impose curbs to check misuse of divorce by 'talaq'.
The draft drawn up by the commission headed
by eminent jurist V R Krishna Iyer suggested that the state government bring
in a law "to declare that among the Muslims in Kerala monogamy is the
general rule and polygamy a just exception".
The draft, to be submitted to the government
soon, holds that polygamy should be permitted only in socially exceptional
circumstances, and, that also, subject to 'compassionate conditions'.
The draft bill, titled "Kerala Muslim
Marriage and Dissolution by Talaq (Regulation) Bill, suggested creation of
conciliation councils to consider the cases thrown up by issues of polygamy
and divorce in the community.
While some influential Islamic forums and
religious scholars have dubbed it as an encroachment on religious rights and
privileges guaranteed by the Constitution, women's right activists supported
the proposal.
In the case of divorce, 'talaq' can be effected
only subject to special conditions. It says that if any Muslim man or woman
married again during the subsistence of the first marriage, he or she shall
be held guilty of bigamy under the Indian Penal Code (IPC) and liable to be
prosecuted.
However, a husband could be allowed to marry
for the second time with the consent of his first wife in writing presented
before a Notary Public or a judicial officer. The law should also insist that
the woman should state the reasons for giving the consent
According to the proposal, the government
should set up conciliation councils in each district chaired by a retired
judicial officer from the Muslim community to look into cases relating to
polygamy and divorce. It also wanted the second marriage while the husband
or wife was alive to be held as an offence, unless it happened under the special
circumstances as provided by the legislation.
An important clause in the draft bill is that
a man marrying for a second time should provide sufficient alimony and accommodation
to his first wife to allow her to live in reasonable comfort.
Renowned Islamic scholar A P Aboobaker Musliar
said this kind of a legislation was totally unnecessary as Islamic laws had
made it amply clear that a person can re-marry or exercise 'talaq' only in
extremely unavoidable circumstances.
"Islam has laid down clear-cut conditions
to be followed for re-marriage. The same is the case with talaq also."
Musliar told
Considering these circumstances, pressing
for a new law was absolutely unnecessary and would only create misunderstanding,
he said.
Kerala Women's Commission member P K Sainaba,
however, said she agreed with the proposal. Sainaba, a pro-Left women's rights
activist, said there had been court orders which suggested similar measures
to protect the rights of women in Muslim community.
