To find out the status regarding these issues particularly as concerns Muslim women form lower socio-economic status, field research was done in 1988 in Mirzapur, U.P. It is found that the social status of Muslim women is low. Traditional customs and marriage practices still continue in Muslim society. The average age of the respondents was 27 years, average age at marriage 18.5 years and the average age at divorce or separation 22.5 years. Mehr is generally not paid even after divorce or separation. The amount of mehr is generally paltry. Polygamy and purdah are still observed by many. The status of the women is not secure in marriage and divorce.
Lower caste respondents get less dowry, while most of the upper caste respondents get cash, gold and expensive articles. Dowry is increasing among the youngest generation, having become a status symbol ..
A majority of the respondents have not heard about the Shah Bano case and the Supreme Court judgement Their opinion, after a briefing is, if they are divorced or separated, in favour of Shah Bano and the Supreme Court judgement. They want a strict government law to solve the divorce and maintenance problems. Illiterate women who have no knowledge of personal law or religion either have no opinion or want a law to solve the problem. They have no choice and freedom to say anything against Islam or Muslim personal law because their husbands do not want any change. Upper caste or high income respondents ... do not want any change.
Some respondents, including some divorcees and separated women, want whole life maintenance after divorce. Other hold that after divorce the husband has become a stranger, and there is no question of taking money from him, that it will be against Islam to get maintenance after iddat.
Women do not want to go to court for maintenance. Even if they do, their parents or brothers are against it. The latter believe that the courts insult women, take too long and do nothing. They also cannot afford the expense. ...
The behaviour and attitude of relatives and friends towards a divorcee generally do not change. All the divorced or separated women live with their parents, brothers or sisters. There is no visible effect on children. A few children do remember their father sometimes ...
The rate of separation is much higher than that of divorce. Divorce costs money to a husband in terms of mehr, iddat maintenance, and maintenance later on. Also, he cannot easily get her back if he so desires. The separated women is much worse off than a divorced woman. The latter can remarry in addition to getting mehr and maintenance. Separation is more common among upper caste or middle-income group families. In the total of six divorce cases two belong to the upper caste and four to the lower caste. None of them got mehr or maintenance. Only one divorcee has sued filed for maintenance, and the case is hanging fire even seven years later. The majority of the women do not know about the legal provisions available to them.
The quantum of mehr money is decreasing while dowry is increasing. During the data collection one dowry-related death was reported from a high caste Muslim family. Dowry - and bride burning – is increasing among educated, high caste and socio-economically better placed families.
The major reasons for divorce or separation are bigamy, drinking, quarrel with in-laws and other family members on different family matters, dowry and economic. In all divorce cases the manner of divorce is irrevocable (talaq-ul-bidda) ... one-sitting divorce. None of the divorcees get proper written tilaqname. Two received their divorce from their husbands written in inland latter cards. The rest were divorced verbally.
Polygamy is still prevalent, falling in love being the main reason of the second marriage. Love affairs also lead to inter-caste marriages. Two respondents have married inter-caste. All the women in the study are against polygamy. Purdah is not in vogue among lower income, lower caste families but is invariably found among upper caste uneducated women. Educated families do not practise purdah. Outside the home, lower caste women just cover their heads with their dupatta or length of cloth. The lower caste do not practise purdah for economic reasons, and the upper caste because of education.
Among lower income families divorce rate is high, but they do not take it seriously. The affected women are generally busy in different types of income-generating works. They are not ambitious, content with doing domestic work alongside some income-generating tasks in the parents' house. They had to work for livelihood at the husband's house too, so it dies not make much difference for them.
Divorced males marry virgins, but a divorced woman can only get a widower or a divorced male to remarry. Three divorcees who have remarried have aged husbands with one or two children from an earlier marriage.
Women generally do not get their share in parental property, and maintenance after divorce ... The majority still live insecure about their marital status, uncertain about the stability of their married life.
It is evident from the case histories that generally the tragedy occurred in the age group 19-22 years, and only in one case 16 years. Out of the 25 women, eight have no children. After divorce they have to depend on their parents. brothers or sisters. They are neither educated nor have developed any special skill for a comfortable life. A few among them are trained in beedi-making or wool splitting. It is clear from the study that the life of a divorced or separated Muslim woman becomes a social problem for herself as well as for the parents. She loses her social status and has to depend on petty skilled or unskilled jobs for survival. She is deprived of substantial maintenance or any other relief from the husband's side.