Law hope

Thiruvananthapuram, Nov. 8 (PTI): The Kerala Law Reforms Commission has mooted a 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.