85% Of Muslim Women In Polygamous Marriages Want Practice Abolished: BMMA Survey

Mumbai: Nearly 85% of Muslim women in polygamous marriages want polygamy to be abolished, a recent survey by the Bharatiya Muslim Mahila Andolan (BMMA) found. Around 87% of the women want section 82 of the Bharatiya Nyay Samhita that criminalises men for polygamy, to be applied to Muslim men too.

The survey which spoke to around 2500 women from low-income families, found that polygamous marriages affected the mental and physical health of all the women and children involved, with nearly 36% of first wives and 22% of second wives reporting stress and anxiety. Physical problems, including menstrual issues, thyroid complications, and other physical ailments affected all the women in such marriages, with first wives suffering more. In nearly a fifth of such relationships, the women were married before the age of 18, indicating the high prevalence of child marriages in polygamous relationships.

Low educational status of women increased their probability to be caught in such relationships, with one out of every five women in such marriages not having attended schools at all. Nearly 60% of men involved in such marriages have formal education of 10 years or less. The findings were released at a media briefing by BMMA on Tuesday in Mumbai.

BMMA clarified that since the study was conducted largely among the under-educated and under-employed women the organisation works with, the findings reflected the trend in that particular demographic. However BMMA founder Zakia Soman, who co-authored the study along with Noorjehan Safia Naaz, co-founder of the organisation, said that based on examples, it is possible to deduce that women from economically well off families are caught in similar situations.

Religion has a big role to play in such marriages. The study found that 30% of men told their first wife that they had remarried because Islam allows four marriages. More than 36% of first wives reported that they did not receive any financial support after their husband married again. Tasneem, one of the subjects of the study, who was present at the media briefing, recounted her story, stating that she had to leave her matrimonial home, pregnant with her third child, after she was illegally given triple talaq. “My husband called me back from my parents' home and after one year of peace, I was physically abused and called mad,” said Tasneem who broke down as she spoke about the abuse.

Husna, who worked as a domestic help, said that her husband used a fake divorce document to make her leave home with her three children. “I want a law that prohibits a man from multiple marriages. A woman should not be forced to live with the husband's second wife,” said Husna.

BMMA said that the survey revealed examples of men earning Rs 10,000 a month living with two wives and children from both the women. “Those who take recourse to religion to justify polygamy do not know that the book also says that couples do not have to live together if there is no compatibility,” said a BMMA volunteer.

Nargis, who works with BMMA said that even the subsequent wives in polygamous marriages are victims of abuse. “One man, with his limited understanding of religion, is abusing several women,” said Nargis who added that police, who tell victims that their religion allows polygamy, are reluctant to help in such cases.

Soman said that polygamy must have been a common practice in an era where wars increased mortality among men. “Though the custom is allowed by religious texts, it is not encouraged. We are asked: why cannot a man have several wives if he is financially capable of doing so? Our answer is: we have a problem with this because men and women are equal. Data show that there is a similar prevalence of polygamy among Hindus. However, while Hindu women have recourse to law, Muslim women do not,” said Soman.

Soman added that BMMA had filed a Public Interest Litigation in 2016-17 for a ban on triple talaq, polygamy, and halala, a mandatory condition if two divorced persons are to marry again. “While the court banned triple talaq, the other issues were not addressed,” said Soman.

Firoze Mithiborwala from the Indian Muslims for Secular Democracy said that the demand for an end to polygamy has come from the community and not from a fringe group. This is a patriarchal issue and there is a disconnect between Muslim women and the All India Muslim Personal Law Board,” said Mithiborwala, referring to the body's opposition to any interference in religious laws.

The study also debunked notions that most polygamous marriages had four wives with multiple children. Among the findings of the study was that in most such marriages, both the first and second wives have two or fewer children. A quarter of women had no children. Also, 89% of women reported that incidence of triple talaq has gone down after the law banning the practice.

59% of women in polygamous marriages have education at or below secondary school level

20% of women were married before 18

79% of women had no income at the time of marriages; 84% of first wives had no income at marriage

61% of first wives did not receive mehr, a payment mandated under Islam, but 32% paid dowry, a practice not mentioned in the religion

Though 94% of the women signed on the nikahnama, the marriage contract, 83% said they did not read the document and 38% did not know the whereabouts of the papers.

88% of husbands did not seek permission from first wife before marrying a second time

20% of men in such marriages remarried within 3-5 years

47% of women moved to their parental home after their husband remarried

54% of husbands did not live with their first wife after his second marriages

40% of first wives were financially dependent on their parents

93% of women want a legal ban on child marriage

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