Indian State’s Polygamy Ban Creates Division Among Muslim Women

Bano Celebrates Polygamy Ban in India, But Others Express Concerns

By Rupam Jain

NEW DELHI – Shayara Bano expressed her relief on Wednesday following the enactment of a law banning polygamy in her small Indian state, marking the end of a lengthy campaign that included her case before the nation’s Supreme Court.

"I can now say that my battle against antiquated Islamic rules on marriage and divorce has been won," declared Bano, a Muslim woman whose husband took on two wives and divorced her by uttering "talaq" three times. She emphasized that the allowance for men to have multiple wives should no longer exist.

Conversely, Sadaf Jafar did not share Bano’s enthusiasm for the new law that also abolishes instant divorce, despite her own struggles against her husband for marrying another woman without her consent. "Polygamy is permissible in Islam under strict rules, but it is often misused," said Jafar, who is seeking alimony to support her two children. She chose to refrain from consulting Islamic scholars, hoping that the Indian courts would deliver justice.

The adoption of the Uniform Civil Code in Uttarakhand has created a division among women of India’s largest religious minority, with differing responses even from those whose lives were drastically affected by their husbands’ multiple marriages. For activists like Bano, the new provisions represent a long-awaited shift towards secular law overriding parallel sharia rulings regarding marriage, divorce, inheritance, and adoption. In contrast, others including Jafar, alongside Muslim politicians and scholars, view it as a maneuver by Prime Minister Narendra Modi’s Hindu nationalist party.

The legislation’s implementation in Uttarakhand is likely to inspire similar actions in other states governed by Modi’s Bharatiya Janata Party (BJP), despite fierce opposition from some leaders within India’s 200 million Muslim population, the largest in the world.

BJP officials argue that the new code reflects significant reform rooted in India’s 1950 constitution, which aims to modernize Muslim personal laws and uphold gender equality. A 2013 survey indicated that 91.7% of Muslim women felt a man should not be allowed multiple wives while married.

Still, many within the Muslim community accuse Modi’s party of promoting a Hindu-centric agenda that discriminates against them. Under sharia, Muslim men may legally marry up to four wives, and there are no strict prohibitions on child marriage.

Jafar, who has previously run for office with the opposition Congress party, views the implementation of the code as a strategy to cast Islam negatively and distract from urgent matters affecting the livelihoods of Muslims.

In 2017, the Supreme Court deemed instant divorce unconstitutional, but it did not address polygamy or other practices criticized for compromising women’s equal rights. The new code not only bans polygamy but also establishes a minimum age for marriage for both genders and ensures equal rights to inheritances for adopted children, those born out of wedlock, and those conceived through surrogacy.

While BJP leaders and advocates for women’s rights assert that the code aims to eliminate regressive practices, some Muslim politicians argue that it infringes on the fundamental right to practice one’s religion. The All India Muslim Personal Law Board responded by condemning the code as impractical and a direct threat to India’s multi-religious society.

"Banning polygamy makes little sense because data indicates only a small number of Muslim men have more than one wife in India," stated board official S.Q.R. Ilyas, arguing that the government should not interfere with sharia law.

Jafar, who resides with her two children in Uttar Pradesh, stated, "Islam has sufficient provisions to ensure a dignified life. We do not require the code; rather, what we need is prompt justice for women seeking their dignity."