BMMA demands the codification of Muslim family law and the inclusion of women’s perspectives in the Uniform Civil Code | X
Mumbai: The Bharatiya Muslim Mahila Andolan (BMMA), group working to bring reforms in Muslim marriage and divorce laws, has asked the central government to codify Muslim family law. The BMMA said that they have sent a draft of a codified draft law to the government a decade ago.
The organisation said that instead of a full and comprehensive family, the government has have only enacted a triple divorce legislation. The group demanded the full codification of family law based on the draft presented to the government.
The group has also asked that Muslim women be consulted in the Uniform Civil Code that the government is contemplating.
“In the past years we have also been demanding the inclusion of the 25-points in the Uniform Civil Code that is being proposed by the government. These 25-points have been arrived at from the perspective of Muslim women. If these points do not get reflected in the UCC then it won’t help the cause of the reforms in the Muslim family law,” BMMA said.
The group also demanded an early judgment on polygamy and halala from the Supreme Court. As an interim relief the Supreme Court must take up BMMA’s Public Interest Legislation against polygamy and halala and pass a judgment nullifying both the practices, BMMA said.
This will pave way for an effective comprehensive legislation, the group said, adding that the first PIL against polygamy and halala marriage was filed before the Supreme Court in 2016 along with the issue of triple divorce. The SC as well as the central government chose to focus only on the issue of triple divorce and kept quiet on polygamy and halala.
The PIL was refiled in 2019 and has still to come up for hearing. We are expecting an early hearing and disposal of the petition in favour of Muslim women, BMMA said.
The group also said that the consultancy taking place for reforms in the Wakf law should involve Muslim women as Wakf reforms are needed as one of the responsibilities of the Wakf Boards has been to provide maintenance to divorced Muslim women as legislated in the Muslim Women (Protection of Rights on Divorce) Act, 1986.
No such support has gone to the divorced Muslim women or it has not been widely reported. “We demand that 50% of Wakf Board members must be women who have a proven record in development and welfare of Muslim women,” BMMA said. The group also demanded a stop on claims made on Muslim places of worship.
BMMA has been involved in advocating reforms in Muslim marriage and divorce laws. It has also joined legal battles to secure Muslim women equal religious rights at dargahs like Haji Al. It has also trained women to work as qazis during weddings and was instrumental in forming ‘Aurton ki Shariah Adalat’.
