Council mooted to relook at Islam allowing polygamy
A Division Bench of the Kerala High Court observed that India needs a law to set up bodies at Central and regional levels to regulate, control and supervise Muslim marriages and divorces. While passing a verdict in a matrimonial case involving a Muslim couple, Justice Kurian Joseph and Justice Harun-Ul-Rashid said that an effective system should be launched to protect Muslim
women from "indiscreet marriages and divorces". The verdict came in the wake of a ruling given by the Family Court of Thrissur, which had granted divorce to a Muslim lady, Seleena, because her husband Saidali took a second wife. He had appealed that a Muslim man would find it impossible to marry more than one woman – permissible in his religion – if a divorce is granted on the basis of polygamy. The court said that a divorce cannot be granted on the basis of the husband's second marriage. However, if a woman refuses to live with another woman, she should recieve separate accommodation and alimony. While passing the verdict, the court also referred to the historical background of allowing polygamy in Islam: when orphans, widows, and dependants of prisoners of war found it tough to lead a decent life. Now, 1500 years later, some people still observe polygamy without questioning its basis. The court also held that though the Prophet had permitted up to four wives, Islam insisted on equal sharing of food, clothing and accommodation. Polygamy should not be practiced if these norms cannot be adhered to, the court added. Meanwhile, reactions to this landmark judgment have not been as enthusiastic as expected. Nisa, a Muslim Progressive Women’s Forum, welcomed the verdict while the secretary of Samastha Kerala Jama-Iyyathul Ulema said such things should be sorted within the society. MN Karasserry, a Muslim thinker, said that the Parliament should enact rules as per this verdict. But Sunni faction leader Kanthapuram AP Abubaker Musliyar disagreed with the court’. In the meantime, the Law Reforms Commission submitted its report to Kerala government, stating that polygamy is an exception among Muslims, but permissible only in socially exceptional circumstances and should be supervised by a conciliation council....Continue
A Division Bench of the Kerala High Court observed that India needs a law to set up bodies at Central and regional levels to regulate, control and supervise Muslim marriages and divorces. While passing a verdict in a matrimonial case involving a Muslim couple, Justice Kurian Joseph and Justice Harun-Ul-Rashid said that an effective system should be launched to protect Muslim
women from "indiscreet marriages and divorces". The verdict came in the wake of a ruling given by the Family Court of Thrissur, which had granted divorce to a Muslim lady, Seleena, because her husband Saidali took a second wife. He had appealed that a Muslim man would find it impossible to marry more than one woman – permissible in his religion – if a divorce is granted on the basis of polygamy. The court said that a divorce cannot be granted on the basis of the husband's second marriage. However, if a woman refuses to live with another woman, she should recieve separate accommodation and alimony. While passing the verdict, the court also referred to the historical background of allowing polygamy in Islam: when orphans, widows, and dependants of prisoners of war found it tough to lead a decent life. Now, 1500 years later, some people still observe polygamy without questioning its basis. The court also held that though the Prophet had permitted up to four wives, Islam insisted on equal sharing of food, clothing and accommodation. Polygamy should not be practiced if these norms cannot be adhered to, the court added. Meanwhile, reactions to this landmark judgment have not been as enthusiastic as expected. Nisa, a Muslim Progressive Women’s Forum, welcomed the verdict while the secretary of Samastha Kerala Jama-Iyyathul Ulema said such things should be sorted within the society. MN Karasserry, a Muslim thinker, said that the Parliament should enact rules as per this verdict. But Sunni faction leader Kanthapuram AP Abubaker Musliyar disagreed with the court’. In the meantime, the Law Reforms Commission submitted its report to Kerala government, stating that polygamy is an exception among Muslims, but permissible only in socially exceptional circumstances and should be supervised by a conciliation council....Continue