India – Kerala State Law Reforms Commission Considers Issues of Polygamy, Talaq +

Thiruvananthapuram, Nov. 8, 2008 

The Kerala State Law Reforms Commission is
discussing  legislation to restrict polygamy among Muslims and check
misuse of talaq.

The draft, drawn up by the commission headed by jurist V.R.
Krishna Iyer, suggests that the state government bring a law “to declare that
among Muslims in Kerala, monogamy is the general rule and polygamy an
exception”.

It says polygamy should be permitted only in socially
exceptional circumstances and that, too, subject to “compassionate
conditions”. The draft will be submitted to the government soon.

Kerala High Court had last week asked the Centre to deliberate
upon legislation to control and supervise Muslim marriages and divorces,
pointing out that the Quran allowed polygamy in a different historical
context when many orphans, widows and prisoners of war were unable to live
with dignity.

However, in the run-up to elections, it was thought unlikely
that the government would risk a controversy.

Now, the draft titled the Kerala Muslim Marriage and
Dissolution by Talaq (Regulation) Bill suggests creation of conciliation
councils to consider cases of polygamy and divorce.

It says there should be a council in each district, chaired by
a retired judicial officer from the Muslim community.

The draft says if any Muslim man or woman remarries during the
subsistence of the first marriage, he or she shall be held guilty of bigamy
under the Indian Penal Code and liable to be prosecuted.

However, a husband could be allowed a second marriage with the
consent of the first wife, given in writing before a notary public or a
judicial officer.

The law should insist that the woman state the reasons for
consent, it says. The man should also provide sufficient alimony and
accommodation to his first wife to allow her to live in reasonable comfort.

Talaq can be effected only subject to special
conditions, the proposal says.

Islamic scholar A.P. Aboobaker Musliar said such legislation
was unnecessary as Islamic laws made it clear a person can remarry or
exercise talaq only in unavoidable circumstances.

But Kerala Women’s Commission member P.K. Sainaba said she
agreed with the proposal.