jfid – Polygamy, the practice of having more than one spouse, is one of the most controversial issues in India. Although generally prohibited by law, polygamy is still allowed for some Muslim communities and certain ethnic groups.
However, recently, a state in India, Uttarakhand, passed a law banning polygamy for all its citizens, regardless of religion or ethnicity.
This law is called the Uniform Civil Code (UCC), which aims to standardize legal rules for all Indian citizens regarding marriage, divorce, inheritance, and other matters related to personal life.
The law has sparked both praise and criticism, especially from Muslim women, who are the largest minority religion in India.
Some Muslim women welcome this law as a progressive step to eradicate regressive practices that undermine their rights and dignity.
However, there are also Muslim women who reject this law as government interference in religious affairs and a violation of Islamic Sharia law.
Polygamy: Right or Oppression?
One Muslim woman who supports the UCC is Shayara Bano, an activist who sued her husband in the Supreme Court of India for divorcing her by saying “talaq” three times, a practice known as triple talaq or instant divorce.
Bano also found out that her husband had married another woman without her knowledge. Bano said that the UCC is a victory for her struggle against ancient Islamic rules that are unfair to women.
“I can now say that my struggle against ancient Islamic rules regarding marriage and divorce has been won. Permission for Muslim men to have two or more wives at the same time has ended,” she told Reuters.
Bano is not alone. According to a 2013 survey, about 91.7% of Muslim women in India say that Muslim men should not be allowed to practice polygamy.
Many Muslim women feel oppressed, neglected, and abandoned due to polygamy. They also face difficulties in obtaining livelihood, education, and health care for themselves and their children.
However, not all Muslim women agree with Bano. One of them is Sadaf Jafar, a politician and activist who also sued her husband for marrying another woman without her consent.
Jafar says that polygamy is allowed in Islam based on strict rules and regulations, but it is abused by some men.
Jafar rejects the UCC because she sees it as an action disliked by the ruling Hindu nationalist party, the Bharatiya Janata Party (BJP), led by Prime Minister Narendra Modi.
“Polygamy is a right given by Allah to Muslim men, but with very strict conditions. Men must be fair and able to provide for all their wives. If not, then they are sinning. The UCC is BJP’s way of attacking Islam and diverting attention from real issues like poverty, unemployment, and discrimination against Muslims,” she told the BBC.
Jafar also says that the UCC violates the basic right to practice religion. She says that Islam has enough provisions to provide a dignified life for women.
She adds that what Muslim women need is swift justice from the courts, not the UCC.
UCC: Reform or Repression?
The UCC is not a new idea in India. Since independence in 1947, India has sought to unify different personal laws for various religious and ethnic groups.
In 1956, India enacted the Hindu Marriage Act, which regulates marriage, divorce, inheritance, and adoption for people of Hindu, Buddhist, Jain, and Sikh faiths. The law also prohibits polygamy for these groups.
However, efforts to implement a UCC for all Indian citizens have always faced obstacles, especially from Muslims, who feel that the UCC will abolish Sharia law that has been in place for centuries. Sharia law allows Muslim men to have up to four wives and there are no strict rules prohibiting child marriage.
The BJP, which has been in power since 2014, has promised to implement the UCC as part of their agenda to modernize India and enforce national unity.
They say that the UCC is a major reform, rooted in the Indian Constitution of 1950, which mandates the government to enact a UCC for all citizens.
They also say that the UCC is a way to ensure full equality for women, who are often victims of regressive practices like polygamy and instant divorce.
However, many Muslims accuse the BJP of running a discriminatory Hindu agenda and implementing the UCC as a way to disrupt Islam.
They say that the UCC is a violation of religious freedom and human rights. They are also concerned that the UCC will erase their identity and culture.
One organization opposing the UCC is the All India Muslim Personal Law Board, which oversees Sharia law in India. Board official S.Q.R. Ilyas says that the UCC is impractical and a direct threat to India’s multi-religious society.
“Banning polygamy makes no sense because data shows very few Muslim men have more than one wife in India. The UCC is an attempt to abolish Sharia law that has been around since the time of Prophet Muhammad. The government has no right to question Sharia law, which is part of our religion,” he told Konteks.
UCC: What Happens Next?
The UCC in Uttarakhand is the first in India to ban polygamy for all its citizens.
The law is still awaiting approval from the state governor and the president of India, which is considered a formality before the rule becomes law in the state. However, the law is likely to face legal challenges from opponents.
The UCC in Uttarakhand is also expected to pave the way for other BJP-led states to follow suit.
Currently, the BJP governs 17 out of 28 states in India. Some states, like Uttar Pradesh and Assam, have hinted that they will adopt the UCC in the future.
However, to implement the UCC across India, the BJP must face greater obstacles, both from parliament and the public. The BJP must garner majority support from parliament members, who come from various parties and backgrounds.
The BJP must also face protests and objections from various religious and ethnic groups, who may feel that the UCC threatens their rights and traditions.
Polygamy: What’s Your Opinion?
Polygamy is a highly sensitive and complex issue in India, which has a population of over 1.3 billion people with various religions and cultures.
There is no easy or right answer to solve this problem. Each side has different arguments and views on polygamy, from religious, legal, social, and moral perspectives.
However, the most important thing is to respect the rights and freedoms of every individual, especially women, who are often the most affected by polygamy.
Women should have a voice and choice in determining their own fate, without being forced or deceived by men. Women should also receive protection and justice from the state, without discrimination or delay.
Polygamy is not a black-and-white issue, but rather various shades of gray. Polygamy may be acceptable under certain conditions, such as if all parties agree and are happy, or if there are humanitarian reasons, such as war or disaster.
However, polygamy can also be a source of injustice, unhappiness, and tension, both for individuals and society.
Therefore, polygamy should be carefully and wisely considered, taking into account various factors and its impacts.
Polygamy should not be used as a tool to exploit, oppress, or dominate women.
Polygamy should also not be an excuse to neglect responsibilities, obligations, and human rights.
Polygamy is an issue that requires open, honest, and fair dialogue, discussion, and debate among all parties involved, including government, religion, law, and society.
Polygamy is an issue that requires inclusive, democratic, and humane solutions that respect and honor India’s diversity and unity.
