Dissertation PDF
Dissertation PDF
Dissertation PDF
INTRODUCTION
"And for women are rights over men similar to those of men over women."
[Noble Quran 2:228]
“Whenever weakness creeps into the faith of Muslim men they tend to
treat women oppressively and seek to exploit them. Present Muslim Society has
become unduly conservative for fear that freedom of thought would lead astray
and divide the community; and that freedom of women would degenerate into
licentious promiscuity - so much that the basic religious rights and duties of
women have been forsaken and the fundamentals of equality and fairness in the
structure of Muslim Society, as enshrined in the Sharia, have been completely
overlooked.
In the fallen society of Muslims, women have little freedom. All sorts of
subterfuges are employed to deny her inheritance. In the domain of public life, she
is not allowed to make any original contribution to the promotion of the quality of
life. A revolution against the condition of women in the traditional Muslim
societies is inevitable.
The teachings of their own religion call upon Islamists to be the right
guided leaders for the salvation of men and women”.1The issues of women and
Islam among masses have for quite some time attracted the interest of intellectuals
and politicians. But much of this interest is caught up in misconception. Religion
is seen to be the primary force influencing every aspect of women’s lives. They
are still isolated from world affairs, wherein every move of their life is controlled
by men and religious dogmas issued from time to time by religious leaders and
scholars.
1
[Dr.Hassan Abdalla Al Turabi (Sudan)]
https://www.countercurrents.org/farooqi090311.htm (accessed on 26/04/2018) 1
The spotlight is always on the role of religion in their life. It is normally
believed that they are strictly controlled by Muslim personal law.2
The social status of Muslim women as projected to the outside world is the result
of select cases of Muslim women passionately discussed in media. It has resulted
in identifying the Muslim religion as a sole locus of gender injustice.
The morality of women and movement in public spaces are under constant
scrutiny and control. A gender based fear of the ‘public’ experienced to some
degree by all women, is magnified manifold in the case of Muslim women. A
rigid line is drawn between safe and unsafe places. The community and its women
seem to withdraw into the safety of familiar orthodoxies, within boundaries of
home and community, reluctant to apply modern thought and practices.
This study aims at analysing social status and suggesting social enlistment
criteria for Muslim women. Muslims in general have a poor representation in
employment market particularly in public employment. Deprivation from means
of livelihood due to displacement from traditional occupation led to their
economic backwardness.
2
Empowerment of Muslim Women , http://shodhganga.inflibnet.ac.in/bitstream/10603/92196/4/chapter-%203.pdf
(accessed on 26/04/2018) 2
Muslims by large are engaged in the unorganized sector of the economy
which rarely enjoys support of any nature from government and non government
bodies.
They are mainly self employed (engaged in home based work). Sewing,
embroidery, zari work, chikan work, readymade garments, agarbatti and beedi
rolling are some of the occupations in which Muslim women are concentrated and
characterized as low income, poor work conditions. The distinct pattern of
Muslim women’s employment in home based work is in part due to
discrimination in formal employment.
Such movements have targeted the community and women being the most
vulnerable have been exposed to all sorts of violence. Without proper education
and knowledge they are not even able to take up their cases and obtain justice.
3
https://www.researchgate.net/publication/283539413_Empowerment_of_Muslim_Women (accessed on 26/04/2018)3
All that men have to do is support their wives and children. If men want
future generations to succeed in the world, it is just as important to educate their
daughters as their sons; indeed, it is probably more important to educate the
daughters.
The bigotry and useless customs that are prevalent in the culture will
disappear only with appropriate education and development. If they learn the
precepts of their religion, they will be better wives, mothers, guides to their
children, and better Muslims.
4
Like women from other communities, Muslim women are differentiated
across gender, class, caste and community, and are subject to the interface
between gender and community within the Indian social, political and economic
context. After seven decades of independence the majority of Muslim women are
among the most disadvantaged, least literate, economically impoverished and
politically marginalized sections of Indian society.
LIMITATIONS -
The research is based on external views and assimilation of the same in the
form of a structured understanding of the researcher, her thoughts and
experiences. It relies on statistical data which is based on the findings of Bhartiya
Muslim Mahila Andolan (BMMA) Muslim Mahila in “Seeking Justice Within
Family” and affidavits filed by an NGO Majlis and others.
METHODOLOGY -
As the Muslim world comes to grips with its gender inequality, internal
conflict, Muslim women, non-Muslims, researchers, academia, and non-
governmental organizations are seeking ways to understand Islamic theology to
promote gender equality within Islam and relating it to fundamental rights. This
research study is significant, for its desired outcome to provide information,
suggestions, and recommendations on sustainable social, economic, and political
opportunities for Muslim women seeking gender equality within Islam to improve
their lives.
As Muslim women constantly struggle with how they can acquire gender
equality within Islam without separating religion from culture, Islamic feminists
are seeking proactive ways to highlight Muslim women’s rights guaranteed to
them via Islam and the Constitution of
India.
6
Islamic law seeks to be kind towards women, the Constitution has carved
out special laws for women yet the women are treated with prejudice and bias.
The policies and decisions that need be taken by the State, the Judiciary,
by Islamic clerics and Scholars needs to be in the light of fairness towards
women. How this will be done is the question we need to arrive at.
HYPOTHESIS -
During the study of this research, the Researcher seeks to make an attempt
to answer the following :
RESEARCH DESIGN -
4
Dr. S. R. Myneni, Legal Research Methodology, Allahabad, 2017 7
LITERATURE REVIEW -
8
2. EVOLUTION OF THE RIGHTS OF MUSLIM
WOMEN IN ISLAM
With changing times, the rights of Muslim Women have evolved from
pathetic to excellent to very bad and they are supposedly improving once again…
Before Islam, the status of the woman was degraded and base in most
nations. They did not consider her a human being with a soul; rather, they used to
believe that she is created from a base soul and that she is the source of evil and
sin. The distinction that Islam gave to the woman set a precedent in the history of
mankind fourteen centuries ago.5
According to the Hindu Laws of Manu, the woman had no rights. She was
a mere servant to her husband or father. She did not have the competence to
dispose of her property, and she had no right of ownership. Anything that she
owned was the property of her husband, father or son. Also, when her husband
died, she was to be burnt alive and buried with him. This heinous crime lasted
even after the start of the British occupation in India which imposed laws banning
the act of burning women alive. Nevertheless, the burning of wives continued
from time to time even in the twentieth century.
In ancient times, Greece was the most civilized and urbanized of nations.
Athens was the city of wisdom, philosophy, medicine and knowledge.
5
http://www.islamweb.net/womane/nindex.php?page=readart&id=177693 (accessed on 26/04/2018) 9
However, the people of Athens used to buy and sell the woman as if she
were a mere commodity. They considered the woman nothing but defilement from
the devil’s handiwork. The Spartan women were allowed in the past to marry
more than one husband, and most Spartan women practiced polyandry.
The woman had no rights and she did not inherit anything. She was
considered a source of humiliation and shame. Moreover, the Arabs in the pre-
Islamic era did not only deprive the woman of inheritance but also deprived her of
life itself. When some of them begot a female child, they would dig a hole and
throw her into it and heap dust over her. What is worse and more disgusting is that
once, a father was away travelling when his wife gave birth.
When he came back, he took his grown up daughter from her mother, dug
a hole while she removed the dust from his clothes, and then, taking her by
surprise, pushed her into the hole then heaped dust over her while she screamed
for pity. But his heart did not soften for her.
Some mothers used to fear this painful destiny. So, the mother would dig a
hole herself during her pregnancy. If she delivered a girl, she would throw her into
the hole in order to save her from the tragedy that would take place when the
father returned from traveling. Some mothers would strangle their baby daughters
after delivering them.
10
Their hatred for girls was based on two reasons: First, girls do not take
part in wars. Second, they feared that the girl may later become a source of shame.
Despite their fear of shame, strangely enough, we find that many Arab tribes were
quite lenient in the face of prostitution and that they used to force their slave girls
into prostitution
Educate a man, you educate a person. Educate a woman and you educate a
family. Educate a family and you educate the Ummah.6
Islam brought about liberation of women from bondage and gave her equal
rights and recognized her individuality as a human being.
6
Status Of Muslim Women In Islamic Societies – Past And Present by By Dr. M.I.H. Farooqi
https://www.countercurrents.org/farooqi090311.htm (accessed on 26/04/2018) 11
Since the beginning of Islam, Muslim women have made strong
contributions in the development of Islamic Societies. The Qur'an provides clear-
cut evidence that woman is completely equated with man in the sight of God in
terms of her rights and responsibilities. In terms of responsibility and authority,
men are placed a degree higher. (Qur’an 2:228). Few examples of Quranic
injunctions for the rights of Woman are as follows:
“Every soul will be (held) in pledge for its deeds” (Qur'an 74:38).
“So their Lord accepted their prayers, (saying): I will not suffer to be lost
the work of any of you whether male or female. You proceed one from another”
(Qur'an 3: 195).
“When news is brought to one of them, of (the Birth of) a female (child),
his face darkens and he is filled with inward grief! With shame does he hide
himself from his people because of the bad news he has had! Shall he retain her
on (sufferance) and contempt, or bury her in the dust? Ah! What an evil (choice)
they decide on?” (Qur'an 16: 58-59).
“O Mankind, keep your duty to your Lord who created you from a single
soul and from it created its mate (of same kind) and from them twain has spread a
multitude of men and women” (Qur'an 4: 1). A scholar who pondered about this
verse states: “It is believed that there is no text, old or new, that deals with the
humanity of the woman from all aspects with such amazing brevity, eloquence,
depth, and originality as this divine decree.”
It has been rightly claimed by some scholars that any interpretation of the
Qur'an that is discriminatory against women is contradictory to core spirit, general
principles and ultimate purposes of Islam.
12
Islam honours women as daughters, and encourages raising them well and
educating them. Islam states that raising daughters will bring a great reward. For
example, the Prophet (peace and blessings of Allah be upon him) said:
“ Whoever takes care of two girls until they reach adulthood, he and I will
come like this on the Day of Resurrection,” and he held his fingers together.
(Muslim)
“None but a noble man treats women in an honourable manner. And none
but an ignoble treats women disgracefully”. ( At-Tirmidi ).
Spain in the field of education, they could study, earn Ijazahs (academic
degrees), and qualify as scholars and teachers. The women of Islamic Spain, like
their counterparts in other Islamic societies, were active participants in political
and cultural affairs. They helped shape the cosmopolitan civilization associated
with the Muslims.
There are authentic reports that during the Rise of Islam, (7 th Century to
15 th Century AD) Muslim women were active patrons and sponsors of public
works. Rich women supported many public fountains, gardens, hospitals, and inns
through their own assets and property.
7
Members of the dynasty of Calipphs ruling at Baghdad, 750-1258 AD, governing most Islamic world and claiming
decent from Abbas, Uncle of Mohammed. 13
All through the period of Islamic rise of Medieval Period it was
impossible for anyone to justify any mistreatment of woman by any ruling
embodied in the Islamic Law, nor could anyone dare to cancel, reduce, or distort
the clear-cut legal rights of women given in Shariah. As a matter of fact the
reputation, purity and maternal role of Muslim women were objects of admiration
by observers from the West. Female religious scholars were relatively common in
Muslim Societies.
The situation has gone so bad that many people believe that Muslim
women are oppressed in Islamic Societies. They are denied education and other
basic rights. These are not baseless accusations. But one must understand that
these oppressive practices do not come from Islam.
As against the high women literacy during the Rise, (as high as hundred
percent in highly developed cities of Baghdad and Cordova), it was deplorable
during the Fall. An Indian survey in 1921 showed that only four out of every
1,000 Muslim females were literate. This situation was more or less the same
throughout the Islamic World.
The reason was the general edict that Muslim girls need not learn the
writing as reading was enough for them. In even 21st century women education
finds low priority in the Islamic world and the gap between male-female literacy
is sometime as high 40%.
15
Similar is the case of Yemen (male literacy rate 73.1 percent, female 34.7
percent, difference 38.4 percent) and Afghanistan (male 43.1, female 12.6,
difference 30.5), In Muslim Countries like Chad, Niger, Benin, Guinea, Sierra
Leone, Cote d'Ivoire, Senegal, Malawi, the malefemale gap is between 20 and 30
percent.
8
Muslim women in India are potential catalyst for development. Their
emancipation may be a crucial step in the development of community. Their
present status by and large reflects the dominance of traditional attitude. An
improvement in their present day status will not only contribute in the progress
and modernization of the community but also the development and modernization
of entire nation.9
8
Islam and muslim Societies: An analysis of Sachar Committee Report by Azra Khanam, P.K.
Mathur http://www.muslimsocieties.org/Vol_4_No_1_Status_of_Muslim_Women_in_India.html
(accessed on 26/04/2018)
9
Sushila Aggarwal, 1988, The Process of Modernization in India and the Status of Muslim Women, Jaipur, Printwell
Publishers.
16
The literature on Indian women in general is characterized by three broad
tendencies; it ignores Muslim women and considers their status a product of
personal law and assumes a sameness in the status and form of oppression, cross
community, first the problem of omission with some important exception & most
studies take notice of Muslim women.10
And since Muslim are in minority in India, their women’s position is even
worse because there is an attempt to safeguard the community identity that
generally prevent Muslim women to participate in development processes. One
manifestation of this is, as pointed out in one study, that majority i.e. 69.75
percent Muslim women do not want to educate their daughters beyond the
primary level of education. Further many middle class women who have requisite
qualifications are not allowed to seek employment because ‘community
respectability’ is likely to get smeared. This has resulted in general backwardness
of Muslims and particularly Muslim women in India.12
10
Zoya Hasan and Ritu Menon, 2005, In a Minority, London, Oxford University press, P. 3.
11
Andra Beitelle, 1975, “The Position of Women in Indian Society” in Indian Women (ed) Devki Jain, New Delhi,
Publication Division Ministry of Information Broadcasting Government of India, P. 63.
12
Asghar Ali Engineer, 2005, Islam Women and Gender Justice, New Delhi, Kalpaz Publishers. P. 348
17
The community and its women withdraw into the safety of familiar
orthodoxies, reluctant to participate in the project of modernity which threatens to
blur community boundaries.
It was said that for a large number of Muslim women in India today the
only safe place (both in term of physical protection and in term of protection of
identity) is within the boundaries of home and community”. 13
In some instances the relative share for Muslims is lower than that of
schedule caste and schedule tribes who have been victim of long standing caste
system.16
13
Social, Economic and Educational Status of the Muslim Community of India; A Report,, New Delhi, Prime
Ministers High Level Committee Cabinet Secretariat, Government of India, P. 13, 2006
14
Rashid Shaz,“The Cultural Problem of Muslim in India” in Muslim Minority Procedure of Sixth International
Conference of the World Assembly of Muslim Youth, Reyadh. P. 412, 1986
15
Social, Economic and Educational Status of the Muslim Community of India; A Report, New Delhi, Prime Ministers
High Level Committee Cabinet Secretariat, Government of India, P. 50, 2006.
16
Ibid, P. 50
18
Muslims have very low share in regular jobs in large private enterprise and
this differential is very high between Muslims men and women. The share of
Muslim male and female in regular works in public and large private sector jobs is
quite low as compared to other socioreligious communities.
17
Ibid, P. 92 19
3. ISSUES FACED BY MUSLIM WOMEN IN INDIA
Some problems faced by Muslim women in India are specific to only them.
The unfairness involved in Mahr is the issue that only the Muslim of the Muslim
Community face. Also Polygamy, Halala, Triple Talaaq, are unique issues of
Muslim women. The researcher here believes that with better education, the
women will be more empowered, think more liberally, their horizons will be
widened and their sufferings will be greatly reduced. The unfair and irrational
treatment meted upon them can be confronted by them head on. This can happen
with renewed zest and confidence armed with encouragement from family
members and the community itself.
3.1. MAHR
Mahr is the consideration for the contract of marriage between the parties.
It may be in the form of money and/or goods given by the Bridegroom to the
Bride in consideration for the marriage. It is an essential element of Muslim
marriage and is exclusively reserved for the use of the female partner, the
intending husband is asked to offer a Mahr to the bride.
The Quran says: “And give women their Mahr as a free gift, but if they of
themselves be pleased to give up to you a portion of it, then eat it with enjoyment
and with wholesome result.” (Surah an-Nisaa’, 4:4)
20
If a husband dies without paying Mahr to his wife, it will be an
outstanding debt on him and it must be paid before the distribution of his
inheritance among his heirs. Mahr is not a bride price. It is a woman’s right and it
signifies a husband’s love and appreciation for his wife. In the Qur’an it is called
“sadaqah” which means a token of friendship. Mahr also signifies a husband’s
commitment to take care of his wife’s financial needs. Payment of Mahr could be
immediate - Muajjal (prompt), or Muwajjal (deferred).18
People are often heard saying, “Write whatever you want, no one asks and
no one pays.” Muslims should only commit to what they are really capable of
paying and what they intend to pay. It is haram to enjoy relations with a wife and
then deny her the Mahr when she demands.”
Often times, the amount of Mahr is kept very low as if following a mere
ritual and that is when the bride - to - be suffers. Mahr is not to be confused with
Maintenance at the time of Talaaq.
19
In Bai Tahira v. Ali Husain Fidaali Chothia The Supreme Court
regarded Mahr as the sum payable under Customary or Personal Law on divorce,
as referred in section 127 (3)(b) CrPC. 2021
18
https://archive.islamonline.net/?p=1299 (accessed on 26/04/2018)
19
(1979) 2 SCC 316: 1979 SCC (Cri) 473
20
Mamta Rao, Law Relating to Women and Children, Lucknow, Eastern Book Company, 2012
21
(1985) 2 SCC 556; 1985 SCC (Cri) 245
21
In Mohammed Ahmed Khan v. Shah Bano Begum 21 Appellants argument
was that Mahr was the sum payable by the husband to the wife on divorce, It was
rejected and the court held: The payment of the amount is not occasioned by
divorce which is what is meant by the expression “on divorce” under section 127
(3)(b) CrPC.
In Hassena Bano v. Noor Alam, AIR 2007, Raj 49, the fight over the
payment of Mahr brought the parties before the court. The court held that since
the concept of contract is the basis of marriage, the principles of a valid contract
would be applicable to the relinquishment which should be voluntary, without
being induced by duress, fraud, misrepresentation, undue influence or mistake,
with free consent. 22
23
In Kapore Chand v. Kidar Nissa Begum , The Supreme Court held that
the widow is not entitled to priority as against her husband’s unsecured creditors.
22
Mamta Rao, Law Relating to Women and Children, Lucknow, Eastern Book Company, 2012
23
AIR 1953, SC 413: 1950 SCR 747 22
How much Mahr Did You Get?
In Hamira Bibi v. Zubeida Bibi 24, the Privy Council Explained the special
right of the widow to enforce her demand for the payment of unpaid dower.
24
(1915 - 16) 43 IA, 294 23
A minuscule 2.3% of respondents have had a say in deciding the amount
of Mahr. It is either her parents for 29.4% or the groom’s
Who Decided the Mahr Amount?
Parents for 21.1% who decide the amount. The amounts are kept low
irrespective of which parents decide it. 30.1% that is 1417 women were asked to
write off the Mahr. This practice indicates that women do not get their due Mahr.
25
Dr Noorjahan Safia Niaz & Zakia Soman - Seeking Justice Within Family - Belgaum - Bhartiya Muslim Mahila
Andolan - March 2015 24
3.2. TALAAQ
The Prophet declared that among the things which have been permitted by
law, divorce is the worst. We need to look at the Qur'anic procedure of Talaaq
afresh. In chapter 4 verse 34 & 35, The Qur'an clearly lays down that in the event
of any differences or discord of serious nature between husband and wife, the
husband has first try and improve the differences by being firm or by not
maintaining physical relations or by mildly punishing his wife if she is at fault and
finally appointing two arbiters to mediate the matter and avoid divorce. 26
If the patch-up still does not materialise, the Holy Qur'an lays down the
prerequisite of the appointment of an arbiter each from the bride’s and the
groom’s families to counsel and prevent divorce. If still all these steps fail, the
husband may proceed to divorce her first time.
26
http://www.explore-quran.com/articles/Halala.html (accessed on 26/04/2018) 25
If the ex-husband, i.e. the father of the new born wants to get the infant
nursed and breast feed by the divorced mother, he has to bear the responsibility of
housing, food, clothing, healthcare and remuneration not more than 2 years. The
financial responsibilities for both, the mother and the new born will rest with the
father of the child.
The divorced ladies have to observe iddat and avoid next marriage at least
for three months or duration of three menstrual periods according to 2/228.
During this period, all the expenditure will be borne by the ex-husband. He has to
provide the residence on par with the standard they maintained when they were
married. The final statement on Talaaq appears in first verse of surah At-Talaaq.
It says that three Talaaqs at one go is allowed only in the case of adultery.
26
In such case a husband can’t wait for a time bound process of divorce.
This is also very much natural as no husband can withstand a cumbersome
process in the event of open lewdness and the revulsion emanating from it. 27
Should there be a Ban on Oral Unilateral Triple Talaaq?
Its a pity is that the so-called scholars don’t know there are 4 essential
steps to be taken into consideration before pronouncing first Talaaq.
They never propagate this nor the procedure of periodical Talaaq. And
finally either they don’t know or they want to keep the male section of the
Muslims in dark about the provision of providing residence to the divorced lady
for the prescribed period to pass for another marriage.
If this has been known to the public, millions of divorce cases could not
have happen. In fact persons not 28 having another accommodation have to move
out of their homes to allow the lady to pass the stipulated period. Even the
scholars don’t preach that all the responsibilities of the children rest with the
father only in the case of divorce and lady will be free to marry any person. They
only disclose to the public how to kick out the wife mercilessly in helpless
condition in the name of The Most Gracious and Bountiful God, God of Universe,
God of women-folk too.
27
Dr Noorjahan Safia Niaz & Zakia Soman - Seeking Justice Within Family - Belgaum - Bhartiya Muslim Mahila
Andolan - March 2015
28
ibid
27
The Fatawa-i-Alamgiri terms Talaaq in its original sense means
repudiation or rejection; but under Muslim Law it is a release from the marriage
tie, either immediately or eventually. 29
In Wajid Ali Khan v. Jafar Husain Khan, AIR 1932 Oudh 34, it is said that
the word Talaaq means freedom from the bondage of marriage and not from any
other bondage. 31
In Chand Bi v. Bandesha, AIR 1961 Bom 121, where the wife and the
husband were living separately or when the wife was of advanced age, the
condition for tuhr was not applicable. 32
Ram Jethmalani: The right of triple Talaaq is available only to the husband
and not the wife and it breaches Article 14 (Right to Equality) of the Constitution.
29
Fatawa-i-Alamgiri, Volume 1, 491
30
Ibrahim Abdul Hamid, “Dissolution of Marriage”, 1956, 3 Islamic Quarterly 166
31
Mamta Rao, Law Relating to Women and Children, Lucknow, Eastern Book Company, 2012
32
Mamta Rao, Law Relating to Women and Children, Lucknow, Eastern Book Company, 2012
33
Case Files: The Making of the Landmark Judgement on Triple Talaaq
https://www.thequint.com/news/india/tripletalaq-supreme-court-hearings (accessed on 26/04/2018) 28
There is no saving grace for this method of granting divorce. One-sided
termination of marriage is abhorrent and avoidable. Article 15 of the Constitution
prohibits discrimination on the grounds of religion, race, caste, sex or place of
birth. It is settled proposition that a law can be made to improve the situation of
women and not to deprive them of their rights.
3.3. HALALA
The way Halala is practiced today is nothing but a fraud in the name of
religion. It is, to say the least, institutionalizing degradation of women, which The
Qur'an intensely detests.
Far from sanctioning such vulgar practice, spirit of the Holy Qur'an
dictates that such corrupt practices, if any in the society, are stamped out.
The social structure of the Islamic society rests on the foundation stone of
marriage which enables two individuals to enter into a socially recognized
relationship. Islam has laid down norms that could enable them sever this bond
amicably and honorably. It is why the Holy Qur'an laid down the procedure of 3
Talaaq (divorce) in the most elaborate manner.
29
But, the small minds that tampered with the process of Talaaq—by
legitimizing the triple Talaaq at one go for petty reasons—saw in Halala a handy
tool to reconnect the severed bonds in the clumsiest manner. The unstable minds
who today pronounce three Talaaqs on petty preventable reasons take the easy
recourse to Halala to enable the ex-husband to take her back in marriage.
Now let us cast a glance at verse 2/230 of the Holy Qura’n which are
today interpreted to play with the sacred laws laid down and imported from it
Halala of today.And if he divorces her finally, she shall thereafter not be lawful
unto him unless if she marries another man.
If (by chance this marriage also breaks) and the present husband divorces
her, there shall be no sin upon either of them (the first husband and the divorced
wife) to remarry—provided that both of them think that they will be able to be
within the bounds set by Allah: and these are the bounds of Allah which He
makes clear unto people of innate knowledge.” (Quran 2:230)
The verse implies a warning that the conjugal and marital bonds will be
cut a sundered and the return will not be possible.
At least not within foreseeable future, as she will be Halal, lawful for the
first husband only if she gets married to another person, shares a conjugal
relationship with him and gets divorced through the same elaborate process.
It will be a mockery if the former husband, realizing his mistake of discarding and
divorcing his wife unmindful of the consequences, stage-manages a marriage of
his former wife to another person in order to contrive legitimacy for his reunion
with her.
30
Are you a victim of Halala?
Nor even the scholars of today know it directly from the Qur'an. They only
know their man-made Fiqh and issue fatwas. 34
34
Triple Talaaq, nikah halala violate right to equality, Centre tells SC,
http://www.business-standard.com/article/news-ians/triple-talaq-nikah-halala-violate-right-to-equality-centre-tells
sc-117041001325_1.html (accessed on 26/04/2018)
31
The conferment of a social status based on patriarchal values or one that is
at the mercy of menfolk is incompatible with the letter and spirit of Articles 14
and 15. The right of a woman to human dignity, social esteem and self-worth are
vital facets of her Right to Life under Article
21.35
3.4. MAINTENANCE
The Shah Bano Case had received a lot of varied public stances. Muslim
women vehemently defended the Supreme Court judgement of husbands having
to maintain the wife. The then government had passed a legislation, termed as
‘The Muslim Women (Protection of Rights on Divorce), 1986’, and aimed to
overturn the judgement of the Supreme Court.According to this legislation,
Muslim women were entitled to a ‘fair and just’ amount of money within the
‘iddat’ period, beyond which, the husband was to have no liability.
35
Dr Noorjahan Safia Niaz & Zakia Soman - Seeking Justice Within Family - Belgaum - Bhartiya Muslim Mahila
Andolan - March 2015 (accessed on 26/04/2018) 32
In Bai Tahira v. Ali Husain Fidaali Chothia, the husband stressed that the
payment of Rs 5000/- as Mahr had satisfied the requirement of section 127 (3)(b)
and absolved him of further obligation to pay maintenance to his divorced wife.
The Court held that since the amount of Rs 5000/- could not provide
sufficient interest to keep the woman’s body and soul together, the husband’s
defence was rejected and the court restored the magistrates order of Rs 400/- per
month for the wife and Rs 300/- per month for the child as maintenance
allowance. 36
In Amir Mohammed v. Bushra, AIR 1956 Raj 102, it was held that if the
husband has not paid prompt dower (muajjal) the wife does not loose her right to
maintenance.
In Bai Fatema v. Alimahomed Aiyeb ILR (1912), 37, BOM 280. A person
who had a wife living and wanted to marry another, had entered into an agreement
with his first wife that he would pay her a certain allowance as maintenance if any
disagreement took place between her and him thereafter. The agreement here was
treated as opposed to public policy because it encouraged separation between the
husband and wife.
36
Mamta Rao, Law Relating to Women and Children, Lucknow, Eastern Book Company, 2012 33
In Danial Latifi v Union of India, the constitutional validity of the Muslim
Women (Protection of Rights on Divorce) Act, 1986, under which section 125
CrPC providing for Maintenance of wives, including divorced women, by their
former husbands was inapplicable to divorced Muslim women was challenged.
The petitioners primarily submitted that section 125 CrPC furthers the
concept of social justice embodied in article 21 of the Constitution of India, that
the Act is un-islamic and suffocates the Muslim women while undermining the
basic secular character of the Indian Constitution and is violative of article 14 and
21.
The study by Dr. Noorjahan Safia Niaz and Zakia Soman reveals that
almost 50% women have reported that they have been receiving financial support
and maintenance from their husband during their marital life. But 27% reported
that they have not received any maintenance from their husband. 37
37
Dr Noorjahan Safia Niaz & Zakia Soman - Seeking Justice Within Family - Belgaum - Bhartiya Muslim Mahila
Andolan - March 2015 (accessed on 26/04/2018) 34
Of those who have been receiving maintenance 31% feel that they have
been receiving sufficient maintenance and close to 19% feel that what they have
been receiving is not sufficient. All those who feel it’s insufficient work for
money.
A smaller number 159 and 173 are dependent on either their in laws or are
dependent on their own parents for survival.
With divorce the dependence on parents increase further. 246 our of 525 ie
46.9% divorced women reported that they had to start supporting themselves and
an equal number 250 (47.6%) reported that they began to get dependent on their
parents. Very minuscule received support from their ex-Husbands or in laws.
These figures also coincide for maintenance of children. 244 our of 525
(47%) women support their children and 242 (46%) parents of the women support
their children. In a slightly significant change one sees 32 ex-husbands providing
Maintenance for their children.
If we see these figures along with the figures of age of divorce it indicates
a big chunk (44%) are divorces within 3 years of marriage., saddled with 1-2
children (55.3%), probably are around the age of 18-21 year ss (43.5%) with no
hopes of maintenance (95%).
35
3.5. POLYGAMY
This goes on to show that Islam has established the rules of behavior for
polygamous marriages. For instance, the husband’s time must be equally
distributed among the wives. This means that he should spend his nights and days
equally between them. If he gets a gift for one wife, then he must present the other
wives with gifts of equivalent values.
“If you fear that you shall not be able to deal justly with the orphans,
marry women of your choice, two, or three, or four; but if you fear that you shall
not be able to deal justly (with them), then (marry) only one…” (Qur’an 4:3)
36
Since Muslims must accept Allah’s message wholeheartedly, denying the
validity of polygamy is tantamount to denying the comprehensiveness of the
Islamic marriage system and the wisdom of the divine decree. 38
38
http://blush.com.pk/the-ideal-marriage-system-monogamy-or-polygamy/ (accessed on 26/04/2018)
39
International Journal of Humanities and Social Science Invention ISSN (Online): 2319 – 7722, ISSN (Print): 2319
– 7714 www.ijhssi.org Volume 4, Issue 3 || March. 2015 || PP.21-27 (accessed on 26/04/2018) 37
On March 14, Nafisa Khan had moved the apex court saying that by virtue
of Muslim Personal Law, section 494 of IPC (marrying again during lifetime of
husband or wife) was rendered inapplicable to this community and no married
Muslim woman has the avenue of filing a complaint against her husband for the
offence of bigamy. 40
In Badruddin v. Aisha Begum, 1957 All LJ 300, it was held that where a
husband marries a second wife or keeps a mistress, the wife may refuse to live
with her husband and still claim maintenance. 41
40
http://www.business-standard.com/article/pti-stories/sc-to-examine-constitutional-validity-of-polygamy-
amongmuslims-118032600983_1.html (accessed on 26/04/2018)
41
Mamta Rao, Law Relating to Women and Children, Lucknow, Eastern Book Company, 2012 38
An overwhelming 4320 women ie 91.7% have given their verdict against
polygamy saying that Muslim man should not be allowed to have another wife in
the subsistence of the first marriage.
2949 women disagree that the husband’s second marriage be allowed even
with widows. 83.4% ie 3929 women do not agree that the husband should
39
be given permission for second marriage irrespective of the ratio of women to
men ie no permission to balance out the sex ratio either. 3000 women of 4710 i.e.
91.7% respondents do not want their husband to enter into a second marriage
while the first marriage is intact.
The Quran in verse 4:3 and 4:129 has stated the ideal is monogamy
because only then bliss, happiness and tranquility can prevail in a marital
relationship and verse 30:21 explicitly states that.
“For men there is a share in what parents and relatives leave, and for
women there is a share of what parents and relatives leave, whether it be little or
much – an ordained share.” (Quran 4:7)
Some general rules of inheritance for women as per the Muslim personal
law:
42
Dr Noorjehan Safia Niaz and Zakia Soman, Seeking Justice Within Family, Belgaum, Published by Bhartiya
Muslim Mahila Andolan, 2015 (accessed on 26/04/2018) 40
She is likely to inherit one-sixth of her dead child’s property if her son is a
father as well. In the absence of grandchildren, she would get the one-third share.
43
A Muslim daughter owns whatever asset she obtains. If she has no brother,
she gets half of the share. It is legally hers to manage, control, and to dispose of
the property whenever she desires.
She can also receive gifts from those she would inherit the property from.
Until a daughter is unmarried, she is eligible to stay at her parents’ house and seek
subsistence.
43
Muslim Woman’s Right to Property in India
https://www.nrilegalservices.com/muslim-womans-right-to-property-in-india/ (accessed on 26/04/2018) 41
Is the current residence in your name?
Islamic law also provides financial security for the Muslim woman in the
following ways:-
42
The difference between the man and the woman in their respective shares
in inheritance established by Allah's statement: " Allah commands you as regards
your children's (inheritance); to the male, a portion equal to that of two females. [
Surah 4:11], is clearly due to the difference in the duties and costs that each has to
cope with by virtue of the Islamic teachings (Shar’ia)".
For example, if a man dies leaving a son and a daughter, the son gets
married and pays the obligatory bridal money (dower) to the bride and as soon as
they live together, he has to provide and pay for their living expenses. On the
other hand, when his sister gets married, she receives the bridal money from her
bridegroom and when they live together, the husband provides for her without her
paying a single penny, even if she is among the richest of people. Poor or rich, her
living costs are estimated in proportion to her husband's financial ability.
The Qur'an puts it thus:" Let the rich man spend according to his means".
[Surah 65:7] To simplify matters, if the father leaves a wealth of about 150,000
dollars, the son would get 100,000 and the daughter would get 50,000 dollars.
Then the son pays the bridal money (dower) gives presents and furnishes a flat
which may cost at least 25,000 dollars.
On the other hand if the daughter gets married and has the bridal money
and the presents, she would get another 25,000. This makes them about even. 44
But this is not all; the man's duties and spending increase as he provides for his
children, in some cases his ageing parents, his brothers and sisters who have no
income of their own and no one else to provide for them, and further still his
relatives who are in similar circumstances-all by virtue of the Islamic Teachings
(Shari'a) and under certain conditions. For her part, though, the woman is not
commanded by the Shari'a to furnish aid unless she chooses to do so out of good
manners and morals.
44
http://www.iupui.edu/~msaiupui/qaradawistatus.html (accessed on 26/04/2018) 43
Inspite of the islamic law muslim women do not get their dues from their
husbands and sometimes from her own family, that leaves her in a lurch and she
has to fend for herself and her children if any.
The blame of this goes on the Muslim Personal Law that has not been
codified neither in Shias or Sunnis, whereas many other Islamic countries have
codified it already .
Also, many a times the family is so poor that even if they give her what is
due to her they will be be left with meagre amount of property and that prompts
them not to give her her share anyway. The most common reason is that they do
not know of their obligation towards her regarding her property. And the women
are not aware of their rights.
3.7. ADOPTION
If a person adopts a son or daughter, the Sharee'ah will not confer on the
adopted person the status or rights of a biological son or daughter. According to
the Quran, one cannot become a person's real son merely by virtue of a
declaration; Allah Says (what means): "...And He [i.e., Allah] has not made your
claimed [i.e., adopted] sons your [true] sons.
That is [merely] your saying by your mouths, but Allah says the truth, and
He guides to the [right] way. Call them [i.e., the adopted children] by [the names
of] their fathers; it is more just in the sight of Allah. But if you do not know their
fathers, they are your brothers in religion…" [Quran 33: 4-5] This shows that the
declaration of adoption does not change realities, alter facts, or make a stranger a
relative, or an adopted child a son or daughter.
44
The prohibition of legal adoption in Islam was ordained to protect the
rights of the adopted, adopter, biological parents, other individuals affected by the
adoption, and society as a whole.
The principle of legitimacy holds that every child shall have a father and
one father only. This is why Allah has ordained marriage and has forbidden
adultery, so that paternity may be established without doubt or ambiguity and that
the child may be referred to his father, and the father to his sons and daughters.
Hence, adoption cannot be used in Islam to hide the illegitimacy or the paternity
of the child.
INHERITANCE
By adopting someone's child as one's own, the rightful and deserving heirs
to the property of a man are deprived of their shares. Hence, Islam has made it
Haraam (forbidden) for a father to deprive his natural children of inheritance.
The Quran stipulates (what means): "And those who believed after [the
initial emigration] and emigrated and fought with you – they are of you. But those
of [blood] relationship are more entitled [to inheritance] in the decree of Allah.
Indeed, Allah is knowing of all things." [Quran 8:75]
45
MARITAL RELATIONS
Taking a stranger into the family as one of its members and allowing him
to be in privacy with women who are non-Mahram (i.e., non marriageable
relatives) to him is a deception, for the adopter's wife is not the adopted son's real
mother, nor is his daughter the boy's sister, nor is his sister the boy's aunt, since all
of them are non-Mahram to him and vice-versa for an adopted daughter.
The Quran has, thus, declared that only the wives of one's real sons, and
not the wives of any sons under one's care, are permanently forbidden in marriage.
This is according to the verse (which means): "…The wives of your sons who are
from your [own] loins…"[Quran 4:23]
SOLIDARITY
45
http://www.islamweb.net/en/article/135420/adoption-in-islam (accessed on 26/04/2018) 46
PERMISSIBLE FORMS OF 'ADOPTION' IN ISLAM
ORPHANS
In this case, he protects, feeds, clothes, teaches, and loves the child as his
own without attributing the child to himself, nor does he give him or her the rights
which the Sharee'ah (Islamic Law) reserves for his natural children. This is a
meritorious and noteworthy act in Islam.
There are also numerous Quranic verses that support the act of taking care
of orphans and enough cannot be said about how pleased Allah is with this noble
and charitable act, see: [Quran: 2:220; 4:2; 4:6; 4:10; 4:127; 17:34] . As far as the
concept of helping the poor and the orphan is concerned, Islam not only agrees to
47
46
it but even highly recommends it. In all types of charities, the orphan and the
poor are mentioned as the prime eligible recipients for such help. 47
Are you aware that even if you adopt a child, it cannot legally
become a natural heir to your property?
In case of the rights of the orphan children, Allâh is very severe; for
example, He says, “Those who `swallow' the property of the orphans unjustly, are
actually devouring fire into their bellies and they shall enter the burning fire.”
(4:10)48
FOUNDLINGS
46
https://www.al-islam.org/articles/adoption-islam-sayyid-muhammad-rizvi (accessed on 26/04/2018)
47
http://www.islamweb.net/en/article/135420/adoption-in-islam (accessed on 26/04/2018)
48
Dr Noorjehan Safia Niaz and Zakia Soman, Seeking Justice Within Family, Belgaum, Published by Bhartiya
Muslim Mahila Andolan, 2015 48
There is either misconception regarding adoption or little or no knowledge
of the same and the reasons for the prohibition are unknown to everyone alike.
49
4. ISSUES OF MUSLIM WOMEN COMMON TO ALL
WOMEN
“…and to your wife you have a duty and a responsibility. Do treat your
women well and be kind to them, for they are your partners and committed
helpers.”
“Be kind with the soft and gentle ones (females).”
49
http://behindthequest.com/documenting-violence-women-india-actionaid/ (accessed on 26/04/2018) 50
The most perfect of the believers in faith are the best of them in morals.
And the best among them are those who are best to their wives. (Narrated in
Mosnad Ahmad, and Al-Tirmizi)
There’s sexual violence, rape, gang rape and marital rape. There’s
psychological violence, verbal abuses and threats, and the list continues with
forced child marriage, acid attacks, human trafficking and abduction. 50
50
http://www.iqrasense.com/muslim-character/muslim-women-and-cases-of-domestic-abuse.html (accessed on
26/04/2018) 51
Many times a woman feels that the abuse she goes through is her fault,
that she has made a mistake. An abuser feels entitled over the victim’s body and
her mind, she is not allowed to have individuality, for the abuser she is his
commodity.
Many women believe that staying with her husband and tolerating this
abuse would be in the best interest of her children, as the family is kept together.
There are severe effects of domestic violence on the victim. She slowly
becomes dependent on the male as her freedom is snatched from her and she is cut
off from family and friends, she is made to feel incompetent and doesn’t have the
confidence to leave him. The famous ‘Bell Bajao’ campaign encouraged residents
to stop domestic violence by ringing the doorbell whenever violence was
suspected. Women are usually afraid to report cases of domestic abuse in fear
that her husband will be arrested, that a long legal proceeding will ensue bringing
public shame and scrutiny.
Even though the law is on women’s side, with the Protection of Women
against Domestic Violence Act (2005), the Indian Law has still to realize that
there are multifaceted problems faced by women in domestic affairs.
52
This Act is aimed at protecting women, help women, and also provides
safety to women economically, physically and mentally. 51
51
https://blogs.timesofindia.indiatimes.com/arise-awake-and-stop-not/domestic-violence-how-women-can-deal-withit/
dated March 2017 (accessed on 26/04/2018)
52
Pacific Science Review B: Humanities and Social Sciences Volume 2, Issue 1
https://www.sciencedirect.com/science/article/pii/S2405883116300508 (accessed on 26/04/2018)
53
The practices of triple Talaaq, ‘nikah halala’ and polygamy impact the
social status and dignity of Muslim women and render them unequal and
vulnerable qua men belonging to their community; women belonging to other
communities and also Muslim women outside India, it added.
Patriarchy has no single religion or culture. It rears its head in all nations
and in all cultures with uniform ferocity, despite the differing ideologies by which
it seeks to perpetuate itself. Two-thirds of the world's illiterate adults are women.
Only half of the world's women are employed, compared to three-quarters of the
world's men. In most developing countries, female employment is even lower, at
around 25 percent.
Yet, women spend two and a half times more time and effort than men on
unpaid care work and household responsibilities. 54
53
Triple Talaaq, nikah halala violate right to equality
http://www.business-standard.com/article/news-ians/triple-talaq-nikah-halala-violate-right-to-equality-centre-tellssc-
117041001325_1.html (accessed on 26/04/2018)
54
The Muslim world must realise that not supporting women's empowerment is among the biggest barriers to a
country's economic advancement. https://www.aljazeera.com/indepth/opinion/2017/04/case-gender-equality-muslim-
world-170424095756513.html (accessed on 26/04/2018) 54
Lack of access to education has an inextricable rebound effect on health.
Women are unable to access critical information and are disempowered from
changing their own lives, making them more vulnerable to regressive cultural
practices and distorted religious teachings. All these act as fundamental barriers
not just to the advancement of women, but to the overall economic development
of entire societies.
The Prophet ordered for those infidel captives who knew reading or
writing to teach it to at least ten Muslims and they will be set free.
This first educational system ever adopted by the Prophet clearly indicates
that education is not essentially related to religion. In one of his well known
Hadith stressing the importance of education, he said, “Seek knowledge even if
one had to go to China”.
55
www.ijhssi.org
Research Scholar Department of Geography Aligarh Muslim University Aligarh, UP. 202002 (accessed on
26/04/2018)
55
This is across classes leaving the poor and low economic strata, where
parents are unable to carry on with the education of their girls because of Poverty.
Through education a woman can now have own her identity and self worth. She
can be an asset rather than a liability. 56
56
Zoya Hasan and Ritu Menon, Educating Muslim Girls, A comparison of five Indian cities, New Delhi, 2005 56
Prophet Muhammad (PBUH) declared that “the pursuit of knowledge is
incumbent on every Muslim male and female”.
In the view of Islam, a society cannot flourish, unless its human resources
are properly utilized through education (Abdalati, 1975). Islam says develop
harmony, equilibrium and balance by utilizing the knowledge; still Muslims are at
the bottom of educational level. Research at micro level to find out the reasons
behind this variation between the text of Islam is required, however, it has been
rather scanty so far. 58
57
Zoya Hasan and Ritu Menon, Educating Muslim Girls, A comparison of five Indian cities, New Delhi, 2005
58
Abdalati, H. Islam in Focus, Aligarh, Crescent Publishing Company, 1975
Muslims but the main cause is the vision of Muslims towards modern
education. If this is true to male muslims in India, one can only imagine the plight
and educational backwardness of the female muslims. It is observed that the
Muslims do not enthusiastically provide education to their children, especially
their daughters.
57
The educational backwardness of Muslim community is generally
attributed to their religious orthodoxy coupled with their emphasis on the
theological education with little effort to change the traditional education system
and acquire the knowledge relevant to the needs of changing world (Fahimuddin,
2004). 57
Muslim women are changing very slowly due to being kept secluded and
living the life of submission and hence resist change. Participation of Muslim girls
in educational activities has been studied by Hassan and Menon (2004) who found
that very few Muslim women in India are in high profile jobs and that less than
15% of Muslim women report themselves to be working.
57
Fahimuddin, Modernization of Muslim Education in India, Delhi, Adhyayan Publishers and Distributors, 2004 58
Even if girls are enrolled, they are withdrawn at an early age to marry
them off. This leads to a higher dropout rate among Muslim girls. At the all India
level Muslim women are three times behind their Hindu sisters. The attainment of
higher education among girls is a rare phenomenon ever in the urban areas.
The studies done in the field of Muslim women revealed that the lack of
good quality schools and hostel facilities for girls are important factors
responsible for the low level of education among Muslims women and prevent
them from continuing education. Muslims are at a much larger disadvantage at the
higher secondary level as per Sachar Report (2006).
There is also lack of schools and colleges in the areas where there is a
higher concentration of the Muslim population. Girls are enrolled in nearby
schools and are not sent far off to study due to safety reasons. Muslim women of
the day need to develop capabilities in making themselves more confident. These
demand a thorough discussion among policy makers, academicians and
community leaders.
59
According to Sachar Report (2006) both Muslim and ‘Other’ children
mostly attend the inexpensive Government or Government-aided schools; about
one third attend private schools. Many of the government - aided schools may
effectively be privately run; an analysis of the proportion of children going to
government versus government-aided schools would be instructive. A small
proportion (4%) of Muslim children also attend Madarsas.
Saxena (1983), in his study on Moradabad town, observed that most of the
regular schools were located in the non- Muslim localities.
58
http://unicef.in/Whatwedo/30/Child-Marriage (accessed on 26/04/2018) 60
It also affects society as a whole since child marriage reinforces a cycle of
poverty and perpetuates gender discrimination, illiteracy and malnutrition as well
as high infant and maternal mortality rates. Both girls and boys are affected by
child marriage, but girls are affected in much larger numbers and with greater
intensity. Child marriages can be seen across the country but it is far higher in
rural than in urban areas.
Girls from poorer families, scheduled castes and tribes, and with lower
education levels are more likely to marry at a younger age.
61
Poverty, weak enforcement of laws, patriarchal social norms intended to
ensure family honour are significant factors that increase the risk of girl being
married off while still a child. Limited education opportunities, low quality of
education, inadequate infrastructure, lack of transport and therefore concerns
about girls’ safety while travelling to school significantly contribute to keeping
girls out of school and therefore tend to favour child marriage. Girls are often seen
as a liability with limited economic role. Women’s work is confined to the
household and is not valued.
The Prohibition of Child Marriage Act, 2006 makes it illegal for girls to
marry under 18 years and for boys under 21 years. Child marriage can be made
voidable by the child but within two years of becoming an adult.
UNICEF has been working tirelessly to prevent child marriage across the
states where it works. Partnerships with government and civil society are a crucial
part of these efforts, but much more can be done.
The study by Dr. Noorjahan Safia Niaz and Zakia Soman in their book
“Seeking Justice Within Family” reveals that an overwhelming 75.5% or 3555 (
2626+929) women feel that the age of marriage for girls should be above 18 years
of age.
19.7% or 929 women feel that the age of marriage should be 21 years and
above Ans 55.8% ie 2626 say the marriage age should be over 18 years.
62
Only 2.9% ie 138 women say that marriage should be at the age of 15
years Ans 4.7% ie 223 women even today think that the marriage age should be
on attaining puberty.
4.5. RAPE
Women have been raped and sexually humiliated the world over in clashes
between communities as a mechanism of dishonouring their entire community
which becomes impure and polluted by the rape of an outsider.
59
https://www.amnesty.org/download/Documents/84000/asa200012005en.pdf page 16- 21 (last accessed 26/ 04/
2018) 63
Children of all ages were deliberately and mercilessly threatened, beaten,
cut with swords and killed by Hindu mobs in front of their mother’s and other
relatives’ eyes. In Naroda Patiya, a Muslim area of Ahmedabad, new born infants
were torn from the arms of their mothers and thrown on the fire. Also in Naroda
Patiya, mothers were reported to have pleaded with police to save their children.
Bilqis Yakoob Rasool from Randhikpur village, Dahod district who was five
months pregnant when a violent Hindu mob caught up with her and her family
was violently gang-raped and made to watch as her threeyear old daughter was
killed.
60
Similar cases are cited in the book , “Of Lofty Claims And Muffled
Voices”, edited by Flavia Agnes of Majlis NGO, is a collection of first person
narratives by the volunteers who worked for the legal initiative programme, in
order to record the experiences of the volunteer’s struggles and the voices of those
women who had dared to speak to them they brought out their entire journey
through the Carnage.
60
Edited by Flavia Agnes, “Of Lofty Claims And Muffled Voices”, Mumbai, Majlis NGO, 2002 64
While the immediate context is the communal carnage unleashed upon
“Muslim women in Gujarat”, the issues are not confined to Gujarat. They raise
questions of state structures, Constitutional provisions and the civil society at
large. The barbarity of the crime reflects the debasement of an entire nation the
volunteers says.
The incidents stated above substantiate that sexual acts, conduct and abuse
was used as a weapon to humiliate Muslim women and the Muslim Community.
It is sad to state that prominent politicians, the police were involved in instigating
or supporting the well thought-out violence.
65
5. ISSUES OF MUSLIM WOMEN IN OTHER
COUNTRIES
A major global women’s rights treaty was ratified by the majority of the
world’s nations a few decades ago.
5.1. AFGHANISTAN
61
http://www.rawa.org/temp/runews/2016/11/22/horrific-cases-of-women-abuse-in-afghanistan.html (accessed on
26/04/2018) 66
Sexual abuse of young girls in safe houses, police stations, prisons and
private jails of foreign forces, as well as that of war criminals in districts and
provinces, became a national shame. Private security companies, government
officials, IS commanders, and even Taliban are also involved in episodes of child
sex.
Women continue to be tortured, sold, killed and even mutilated for honour
by their husbands and terrorist organizations that include Taliban and the IS in all
cities and towns of Afghanistan. Human trafficking is another challenge that has
grown with the civil war as huge money is retrievable from this business.
Afghan women did gain rights throughout the twentieth century — in the
cities. In the countryside, where the majority lived, no such thing happened. And
the Taliban did not turn the Afghan homeland into a patriarchal jail; it was already
a prison for women.
67
There are three causes for women’s predicament. First, Afghanistan was
and is a rural society, and in the south and east dominated by tribes. This tribal
society is deeply patriarchal, with women commodified into a resource to be
bartered, sold and fought over.Hence the Pashtun man is honor-bound to defend
zan, zamin and zar (woman, land and gold).
Thirteen years after the fall of the Taliban, women in Afghanistan continue
to suffer oppression and abuse. Research by Global Rights estimates that almost
nine out of 10 Afghan women face physical, sexual or psychological violence, or
are forced into marriage. In the majority of cases the abuse is committed by the
people they love and trust the most - their families. 62
While shelters are trying to provide protection and legal help to some,
many women return to abusive homes because there is no alternative. Unable to
escape their circumstances, some are turning to drastic measures like self-
immolation to end their suffering.
5.2. PAKISTAN
62
https://www.aljazeera.com/programmes/101east/2015/06/afghanistan-country-women-150630115111987.html
(accessed on 26/04/2018) 68
Women concerns needing urgent attention include:
63
https://www.slideshare.net/Iqra254/a-brief-review-of-women-issues-in-pakistan (accessed on 26/04/2018) 69
Excluded from decisionmaking at national, provincial, community and
household level they are less educated than man and their access to employment
and income generating activities is limited. With constant motherhood their
nutrition and health standards are lower than their male counterparts with lower
life expectancy and higher maternal mortality rates. 64
64
http://www.progress.org.pk/pak-women-develop-issues/ (accessed on 26/04/2018)
65
http://www.standpointmag.co.uk/counterpoints-november-13-malalas-real-message-i-am-malala-christina-lamb
(accessed on 26/04/2018)
70
The Taliban became powerful in Swat, the area in which Malala lived.
Because of people's ignorance people initially did not find the Taliban a threat,
since it is supposedly Islam that they are fighting for. Malala seems to have been
used by the Pakistani media as the central person to speak out against
discrimination in the name of terror, mostly because journalists were too scared
themselves to even attempt to make such determined statements.
In their speeches various activists said that the attack on Malala and the
other girls travelling with her, was not only an act of violence and terrorism
contravening the right to survival of children as per the Convention on the Rights
of the Child (CRC), but also a conspiracy against bringing peace to Swat and the
empowerment of women and girls in the area. 66
5.3. SYRIA
Sexual exploitation and abuse of women and girls has been ignored, it's
been known about and ignored for seven years. The UN and the system as it
currently stands have chosen for women's bodies to be sacrificed. Somewhere
there has been a decision made that it is alright for women's bodies to continue to
be used, abused, violated in order for aid to be delivered for a larger group of
people.
66
https://www.af.org.pk/activities-archive.php (accessed on 26/04/2018) 71
Another source who attended the July 2015 meeting on behalf of one of
the UN agencies told the BBC that there were credible reports of sexual
exploitation and abuse going on during the cross-border aid delivery and the UN
didn't make any serious moves to address it or end it. 69
Aid workers would allegedly regularly harass and abuse women and girls
trying to access humanitarian assistance in the war-torn country, to the point that
some stopped asking. Some victims were allegedly forced to marry locally-hired
officials working for the UN and other international charities for “sexual services”
in order to receive meals. 70
After seven years of conflict, many of their fathers, brothers, husbands and
sons have been killed, injured, forced to flee the country or joined in the fighting,
significantly decreasing the number of working-age men. The result is that
women are now the decision-makers and breadwinners in almost one in three
households. Necessity has also forced them into roles that were unthinkable
before the conflict.
69
http://www.bbc.com/news/world-middle-east-43206297 (accessed on 26/04/2018)
70
https://www.telegraph.co.uk/news/2018/02/27/women-syria-forced-exchange-sexual-favours-un-aid/ (Feb 12,
2018) (accessed on 26/04/2018)
The conflict has also allowed women to break into the civil society, media
and government sectors – something that was consistently prevented prior to the
war. The increase in autonomy and responsibility of women has not been
accompanied by equal opportunity. Income in female-led households “tends to be
below that of male-headed households,” according to the March 2016 research
assessment “Women, Work & War” published by CARE. In the southern
province of Deraa, for instance, femaleheaded households’ monthly income is 15-
32 percent lower than those headed by men.
72
As the conflict continues, more and more women are building skills and
taking on employment. Some learn on the job, while others developing their skills
under NGO or United Nations programs. 67
5.4. AMERICA
Muslim families face different issues & concerns. They are often forced to
find their communal relationships in non-familial structures, a new experience for
many immigrants and even for African Americans.
67
https://www.newsdeeply.com/syria/articles/2017/12/22/the-shifting-role-of-women-in-syrias-economy (accessed on
26/04/2018)
68
http://bareeqeducation.org/wp-content/uploads/syrian_women_survey_2017.pdf (read) (accessed on 26/04/2018)73
Muslim leadership is working to defend the right of Muslims to define
their relationships according to their own norms.
They are also recognising that the only way to counter some of those
problems faced by Muslim families and in particular women is to need to
acknowledge those problems and move actively towards the solution.
One important issue that many women must come to terms is whether or
not they should seek outside employment. Some feel employment for women is
acceptable as long as it meet islamic restrictions as permitting the woman to wear
islamic dress, not placing her in situation in which she has unnecessary contact
with men and does not expose her to haram (forbidden) substances such as
alcohol, drugs, or pork products.
Present New Concerns for Muslim Families in the American Context: The
elderly women, are often lonely, isolated, increasingly frail and in many cases
psychologically separated from younger people in the family whose new ideas
and ideals they may not understand.
Traditionally Muslim women have either kept their personal problems and
concerns to themselves or shared them with closest family members.
74
Making them accessible to counselling and other kinds of assistance still
remains a big problem. Male authority in the family is being challenged and
negotiated. Women are increasingly assuming public roles beyond the confines of
the home, generally with the support of the community.
The FBI along with local law enforcement agencies has reported a huge
increase in the harassment of Muslims, as well as violent crime against their
person and property. 69
Muslim women, like all people in the United States, have the right to
practice their religion, right to be treated equally and the right not to be
discriminated against or harassed because of their religion, gender, or perceptions
about their nationality or ethnicity. Muslim women have been harassed, fired from
jobs, denied access to public places and discriminated against because they wear
hijab. Because of their visibility, Muslim women who wear hijab face particular
exposure to discrimination.
Numerous sources of law protect these rights. These rights protect Muslim
women's right to participate equally in society, whether at work, at school, or
other government offices, in the criminal justice system, or in public places.
69
Yvonne Yazbeck Haddad, Jane I. Smith and Kathleen M. Moor - Muslim Women in America - USA - Oxford
University Press - 2006 75
On September, 30 2002, the Equal Employment Opportunity Commission
(EEOC) sued Alamo Rent-a-Car Company because a customer service
representative in its Phoenix Office, Bilan Nur was denied permission to cover her
head with a scarf in the holy month of Ramadan. Civil rights complaints filed with
one Muslim advocacy group rose from 366 in 2000 to 2,467 in 2006, an increase
of 674%.2.
70
https://www.aclu.org/other/discrimination-against-muslim-women-fact-sheet#1 (accessed on 26/04/2018) 76
Muslim women who speak out, write, or activate in public spaces against
the patriarchal oppressions and violence they face are meted with reactions from
the muslim communities.
When Muslim women speak up about this, they are accused of creating
theatre. Some people add the helpful reminder that “not all Muslim men” behave
like this. But a woman who grew up in a majority Muslim country; knows that not
all Muslim men are sexual predators but they also know that many, many men are
– in cultures, communities and countries around the world. So its logical to
choose to believe women.
71
https://www.theguardian.com/commentisfree/2018/jan/03/muslim-women-speaking-up-against-violence-
aresilenced-we-must-amplify-their-voices (accessed on 26/04/2018) 77
Recent reports by Amnesty International and the Organisation of Islamic
Cooperation indicate that Muslims are long-standing victims of prejudice in the
West. Today, the prevalence of Islamophobia in Western societies is a mounting
concern globally.
Muslim women have been fighting for their human rights all over the
world. They are facing discrimination and violence both in Islamic and non-
Islamic countries. This is often connected to the obligation to dress as Muslim
women and cover their head or entire body. Muslim women in countries like
Saudi Arabia and Iran are forced to wear veils by laws and customs that fit within
each government’s version of true Islamic religion based on their interpretations
and understanding of Islam. The problem for Muslim women in the “modern
West” still surrounds their female bodies and how to present and dress them.
78
Consequently, veils such as the hijab and burqa increasingly have been
deliberately the subject of political debates, security concerns and media
coverage. In this political discourse, it is Muslim women’s bodies that are
subjected to regulation and political actions within Western societies in the name
of national security, preserved national identities and gender equality, for
example, France bans wearing a burqa or niqab in public spaces.
72
https://unu.edu/publications/articles/confronting-prejudice-against-muslim-women-in-the-west.html (accessed on
26/04/2018) 79
6. SOCIO-ECONOMIC CONDITIONS
In India and also Globally, Muslim women have fewer opportunities for
economic participation than men, less access to basic and higher education,
greater health and safety risks, and lesser political representation. Guaranteeing
them the rights of women and giving them opportunities to reach their full
potential is critical not only for attaining gender equality, but also for meeting a
wide range of national development goals. Empowered women and girls
contribute to the health and productivity of their families, communities, and
countries, creating a ripple effect that benefits everyone.
There are multiple causes responsible for bad condition of Muslim women
particularly in northern and eastern parts of the country. A number of studies
including the reports of the National Commission for women reflect predictable
conclusions about socio economic status of Muslim women. Lack of access to
asset ownership coupled with poor educational attainment and occupational
pattern make the life difficult.
73
//economictimes.indiatimes.com/articleshow/48849266.cms?
utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst (accessed on 26/04/2018) 80
This economic differentiation is prominent between Muslim and Hindu
women in aggregate. One of the stereotype assumptions about Muslim women is
that Islam prevents them from getting equal access to economic and educational
fields.
It is also true, that elements of orthodox set up, environment and lack of
uniform structures of redress have contributed to their plight. However, these
studies show that this is essentially the result of low socio-economic opportunities
rather that the religion.
Across these surveys, it is clearly brought out that among all communities
and caste groups, financial constraints and gender bias dominate over other
factors. But there is no doubt that condition of Muslim women is far from
satisfactory and needs immediate improvement through effective empowerment
measures. Archana Chaturvedi in her compilation “ Encyclopaedia of Muslim
Women,” concludes “ Muslim women remain largely backward and deprived.
They continue to be uneducated, resourceless and victimised in spite of
reformative attitude of Islamic movement.”
81
This list can be drawn to far greater length, but it is more pertinent to point
out that there is no viable and powerful reform campaigns in this context.
Individual efforts in recent past are praiseworthy, but such issues need to be
tackled on much higher and wider scale.
There is no denying the fact that the complexities of the issues involved in
the status of Muslim women require exhaustive multidimensional study, that
would include aspects related to psychological, social cultural, economic,
educational factors responsible for shaping particular mindset. Muslim women
share operational space with all other sections of Indian society they should not be
included in the progress of Indian society.
They should be taken as part of Indian women folk, who have multiple
roles to play in different capacities as economic, social, cultural and political
actor. She is participant in all processes and sufferer of all ills. She is to be taken
beyond marriage, divorce and guardianship syndrome. Hence, the study of Indian
Muslim women has to take into account the prevailing context at national and
international level. This may lead to carving out new strategies and action plans
by concerned sectors.
Supreme Court decided to extend the scope of this article on the basis of
finding a fair and reasonable procedure for this article. “If life is restricted to
vegetable existence, mere breathing, then this article has no meaning.
So came the question: What are the inputs for deciding the concept of life?
The judiciary has provided new inputs and increased the meaning of life by
adding concepts like of ‘education’, ‘dignity’, ‘privacy’, ‘environment’ and so on.
In our country, there is a vast mass of people who are not aware of their rights.
This opens up a new horizon to find space to operate for all including
Muslim women. Awareness is the key to utilise the opportunity. To sum up, there
are scores of problems and issues relating to Muslim women in India, but these
are to be analysed in a proper perspective. Their status and conditions are related
to their economic and educational advancement.
Chandra Bhan Prasad, Dalit activist and advisor to the Dalit India
Chamber of Commerce and Industry (DICCI), commiserates with the plight of the
Muslims. “Their continued alienation is definitely bad for the health of the
system,” he says.
The study by Dr. Noorjahan Safia Niaz and Zakia Soman in their book
“Seeking Justice Within Family” 78 gives voice to an ordinary and marginalised
muslim woman to share her views about Muslim family Law.
This study was done with 4710 women from 10 states of Bihar, Gujarat,
Jharkhand, Karnataka, Maharashtra, Madhya Pradesh, Orissa, Tamilnadu and
West Bengal.
78 Dr Noorjahan Safia Niaz & Zakia Soman - Seeking Justice Within Family - Belgaum - Bhartiya Muslim Mahila Andolan
- March 2015
84
The annual income of 73.1% of the families is below Rs. 50,000 out of
which for 39.1% families the income is below Rs.35,000. 18.3% of the families
have an annual income between 50,000 to 1 Lakh and Only 8.6% ie 407 families
have an annual income over 1Lakh.
This reinforces the findings of the Sachit report that the Community
continues to remain poor. The study shows that Muslim women are not
encouraged to be economically independent. As per the data 78.7% of the women
are home makers whereas only 7.9% Work in the organised sector and remaining
12.7 Work in the unorganised sector.
74
https://halshs.archives-ouvertes.fr/halshs-00977064/document (accessed on 26/04/2018)
85
consumption and investment decisions.75 Finally, distinct behavior toward women
might trigger a backlash by a hosting community that feels culturally threatened.76
Scholarships for women in Islam and among Muslims delivers ambiguous results.
Historical accounts of women’s status in the Middle East claim that Islamic
traditions explain female repression in both public and private life in the region
[e.g. Mernissi (1987); Sharabi (1992)]. Cross-country analyses suggest that
Muslim-majority countries tend to repress their women [e.g. Boone (1996);
Dollar and Gatti (1999)].
They find “that other things equal, both Muslim and Christian girls receive
more education than their male counterparts, and that there is no significant
(either statistical or economic) difference between the education gender gap of
Muslims and Christians” [e.g. Hajj and Panizza (2009, p. 344)].78
75
See Duflo (2012) for a review of the literature on the role of female education and bargaining-power on
development outcomes.
76
See Hainmueller and Hiscox (2007), Hainmueller and Hangartner (2011) and Sniderman et al. (2004) on cultural
threats driving immigrant exclusion
77
According to Ross, oil production reduces the number of women in the work force; this suppresses their political
influence (Ross 2008).
78
Problems undermine their analysis, however: they rely on two populations that share only a small overlap in
socioeconomic status, introducing estimation bias in regression analyses. This is because the algorithm used in 86
On a positive note, in many Muslim countries, women are on the move.
There are both kinds of Islamic and secular movements in Muslim world but
reflecting a change. In some Muslim countries, Muslim women theologians have
also emerged with thorough knowledge of the Quran, Islamic theology and
Sharia.
Jordan has amended its law to give equal rights to men and women. These
trends are visible in many countries like Pakistan, Bangladesh etc. as well. Hence,
the women world is not static. They are on the move. Their efforts in finding
place in economic and educational sectors must be properly channelised. 79
regression analysis extrapolates from a comparison of those overlapping populations (i.e. rich Muslims with poor
Maronites), two sub-sets that surely differ on many unobservables. Our strategy, to be explained in the following
section, avoids this problem, as the overlap in socio-economic status between our comparison groups – Senegalese
Muslim versus Senegalese Christians is large
79
http://iosworld.org/SOCIO-ECONOMIC_STATUS_OF_INDIAN_MUSLIM_WOMEN.htm by PROF. Z.M. Khan.
(accessed on 26/04/2018)
87
full access to opportunities of expanded trade? Are their choices enlarged by new
technologies? Is economic expansion leading to job-led growth or jobless growth?
Are free markets open to all people ? 80
80
Dr. M.I.H. Farooqi, The Muslim Societies - Rise and Fall, Lucknow, Sidrah publishers, 2010 88
7. LEGAL RIGHTS OF MUSLIM WOMEN IN
INDIA
The preamble contains the quintessence of the constitution and reflects the
ideals and inspirations of the people. The preamble starts by saying that we, the
people of India give to ourselves the Constitution. The source of Constitution is
this traced to the people ie men and women of india irrespective of caste, creed,
community, religion or sex. For the unity to be lasting, it should be based on
social, economic and political justice. Such Justice should be equal for all citizens.
The aspect of social justice is further emphasized and dealt with in the directive
principles of state policy.
The Constitution of India not only allows equality to all women but also
empowers the State to use measures of positive discrimination in favour of
women for neutralizing the cumulative socio-economic, education and political
disadvantages faced by them.
Human rights which are entitlement of every man, woman and child
because they are human beings, have been enforceable as constitutional or
81
Mamta Rao, Law Relating to Women and Children, Lucknow, Eastern Book Company, 2012
82
Dr. S.R Myneni, Women and Law, Hyderabad, Asia Law House, 1993 89
fundamental rights in India. Fundamental Rights ensure equality before the law
and equal protection of the law; prohibits discrimination against any resident on
the grounds of religion, race, caste, sex or place of birth, and ensure equality of
opportunity to all citizens in concerns relating to employment. Articles 14, 15,
15(3), 16, 21, 21(A), 22, 23, 25, 29, 30, 39(a), 39(b), 39(c) and 42 of the
Constitution are of special importance in this regard. 83
Article 14 says that the government shall not deny to any person equality
before law or the equal protection of the laws. The Constitution of India
guarantees equality of sexes and in fact grants special favours to women. The
principle of equal protection does not mean that every law must have a universal
application for all persons, who are not by nature, circumstance or attainments
(knowledge, virtue or money) in the same position as others.
83
https://www.nrilegalservices.com/constitutional-women-rights-india/ (accessed on 26/04/2018)
84
https://www.thehindubusinessline.com/news/supreme-court-set-to-hear-plea-on-polygamy-nikah-halala/
article23353948.ece (accessed on 26/04/2018) 90
Article 15 declares that government shall not discriminate against any
citizen on the ground of sex. Article 15 Prohibition of discrimination on the
grounds of religion, race, caste, sex or place of birth describes: The state shall not
discriminate against any citizen on ground only of religion, to race, caste, sex, and
place of birth or any of them.
No citizen shall, on the ground only of religion, race, caste, sex, place of
birth or any of them, be subject to any disability, liability, restriction or condition
with regard to: Access to shops, public restaurants, hotels, and place of public
entertainment; or the use of wells, tanks , bathing ghats and places of public resort
maintained wholly or partly out of state or dedicated to use of the general public.
91
Clause 3 of article 15 of the Constitution of India permits ‘protective
discrimination’ in favour of women according to which state can make special
provision for women and the scope of this article is wide enough to cover the
entire range of state activity including employment. 85
A woman can also take advantage of this clause for the betterment of her
social and economic conditions by taking admission in government run or aided
schools , colleges etc . Apply for loan meant for women of economically
backward class to start an enterprise of her choice.
Nothing in this article shall present parliament from making any law
prescribing, in regard to a class or classes of employment or appointment to an
office under the government of, or any local, or other authority within a state or an
union territory, any requirement as to reside within that state or union territory
prior to such employment or appointment.
In this article nothing shall prevent the state from making any provision of
reservation in matter of promotion to any class or classes of posts in the service
under the state in favour of schedule caste and schedule tribe which, in the
opinion of the state, are not adequately represented in the services under the state.
85
https://buddymantra.com/protection-women-indian-constitution/ (accessed on 26/04/2018) 92
In Article 21, constitution is giving protection of life and Personal liberty
of the individual. Constitution guarantees that no person shall be deprived of his
life or personal liberty. “Except according to procedure established by law”.
Article 21 provides for Right to life and personal liberty of each and every
person in India which includes Right to live with human dignity, right to
livelihood, right to work, right to privacy, right against sexual harassment etc.
The Supreme Court also emphasized the need to provide a life of dignity
even to the sex workers in our country by giving them some technical skills
through which they can earn their livelihood instead of by selling their bodies. So
why will Muslim women be left behind.
Through 86 amendment act, 2002, the right to education was provided for
the Indian citizen. For the purpose a new article in part –III was inserted and two
articles in part IV were amended.
The newly inserted article 21A declared that “the state shall provide free
and compulsory education to all children of the age of six to fourteen years in
such manner as the state may by law, determine.
93
Every person who is arrested and detained in custody shall be produced
before the nearest magistrate within a period of twenty-four hours of such arrest
excluding the time necessary for the journey from the place or arrest to the court
of the magistrate and no such person shall be detained in custody beyond the said
period without the authority of a magistrate.
Nothing in this article shall prevent the state from imposing compulsory
service for any public purposes, and in imposing such services the state shall not
make any discrimination on the grounds only of religion, race, caste, creed or any
of them.
94
It not only violates the preamble of our constitution, but is also opposed to
the directive principles of state policy contained under article 39, for the object of
promoting economic equality.
1. Subject to public order, morality and health and to the other provisions of
this Part, all persons are equally entitled to freedom of conscience and the
right freely to profess, practise and propagate religion
2. Nothing in this article shall affect the operation of any existing law or
prevent the State from making any law
Subject to public order, morality and health, every religious denomination or any
section thereof shall have the right—
96
Article 30 right of minority to establish and administer educational
institutions: All minorities, whether based on religion or languages, shall have the
right to establish and administer educational institutions of their choices.
Article 39-A. Equal justice and free legal Aid: The State shall secure that
the operation of the legal system promotes justice, on a bases of equal
opportunity, and shall in particular provide free legal aid by suitable legislation or
schemes or in any other way, to ensure that opportunities for securing justice are
not denied to any citizen by reason economic or other disabilities.
Article 42 directs the State to make provision for ensuring just and
humane conditions of work and maternity relief. Above all, the Constitution
imposes a fundamental duty on every citizen through Articles 15 (A) (e) to
renounce the practices derogatory to the dignity of women.
97
Article 44 - Uniform civil code for citizens
The State shall endeavour to secure for the citizens a uniform civil code
throughout the territory of India.
Some Acts have special provisions to safeguard women and their interests.
86
Mamta Rao, Women & Children, Lucknow, Eastern Book Company - 2012
99
Formerly, child marriages were common. The Child Marriage Act of 1929
was not very effective as such marriages continued to be performed. Now,
however, the bridegroom must be 21 years old and the bride 18 years.
The United Nations Commission on the status of women in its 25th Report
had recommended to all Member States to establish National Commissions or
similar bodies with a mandate to review, estimate and recommend measures and
priorities to ensure equality between men and women and full integration of work
in all spheres of national life. 87 The Government of India has set up a committee
in 1971 known as committee on the Status of Women. The committee
recommended Constitution of statutory autonomous commissions at the Centre
and in the States, thus The National Commission for Women Act, 1990 came to
be passed.
87
ibid 100
The decision upheld the High Court’s decision to grant maintenance in
favour of Shah Bano under the provisions of the Cr.PC, however increasing the
88
quantum of maintenance. The decision took note of several debatable aspects
surrounding the practice/regime of distinct personal laws, including the need for
implementation of a Uniform Civil Code as provided for under Article 44 of the
Constitution, and saw a departure from the Apex Court’s traditional interpretation
of personal laws, recognising the conflict between the need for gender equality
and perseverance of religious principles, and adapting a more inclusive and
egalitarian interpretation of Muslim Personal Law.
The decision drew severe criticism from the conservative groups within
Muslim community and added to the communal tension, given the political
environment surrounding the decision. In an attempt to appease the Muslim
community, as well as suppress the growing atmosphere of discontent and counter
pressure the Congress Government, which under the leadership of Rajiv Gandhi,
felt a need to pacify the masses and accordingly passed the Muslim Women
(Protection on Divorce) Act, 1986.
The Act, in effect overturned the decision in Shah Bano’s case providing
that a husband was bound by law to pay maintenance to a divorced wife only for
the period of iddat, following which, in case the woman was unable to provide for
herself, or did not have relatives to support her, the magistrate could direct the
Wakf Board to provide her with sufficient means of sustenance for herself and her
dependent children, if any.
88
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them to a subordinate position within the domain of the personal, the attempts for
gender equality being suppressed in favour of communal harmony.
The decision in Shah Bano according the protection of Section 125 of the
Code of Criminal Procedure, 1973 to Muslim women, despite attempts having
been made to render it futile, is seen as a landmark decision in the domain of
social and legal history of India. Though the decision was not the first to
recognise Muslim women’s rights to maintenance under Section 125, it was
particularly significant in the context of the conflicting claims of gender justice
within personal laws and the need to strike a balance between the conflicting
religious and cultural claims to bring them in conformity with the ideal of
equality, gender equality in particular.
Bano said that Ahmed had tortured her for dowry right from the time they
got married. He had forbidden her from meeting her sister and threatened her
regularly with divorce. They had two children, but he forced her to have at least
six abortions.
In April, 2015, Ahmed dropped Bano at Kashipur along with their son and
daughter, but returned soon after to take the children away. For months, Bano and
her family tried to reach out to Ahmed, hoping that he would eventually return for
his wife. She could never reach his phone, but occasionally he would call and
threaten to marry another woman.
Then he told her family that he’s sending some property papers through
speed post that Shayara must receive it. When she opened the papers, all Bano
found was a document with the word “Talaaq” written three times. It was over
just like that and even the local mufti (priest) told Shayara that the divorce was
valid.
With the support of her brothers, Bano approached a local lawyer who
transferred the case to Srinivasan at the Supreme Court who proposed a case that
could be wider in scope.
For the first time, Bano discovered that instantaneous triple Talaaq was an
un-Quranic custom outlawed in 22 Muslim countries.
103
She had to decide whether she wanted to go beyond her own divorce and
pursue a legal fight for the rights of all Muslim women by challenging the very
power vested in all-male Muslim law-making bodies in India.
She had not seen or spoken to her children for almost a year was a moment
when she had lost all hope in life, and going ahead with the case felt like the only
option. Bano has been joined by at least five other women from different parts of
the country, seeking a similar ban. But since her’s being the first petition, this case
is known as Shayara Bano versus the Union of India.
AFREEN RAHMAN
It took just three months for 28-year-old Afreen Rahman’s dream marriage
to turn into a nightmare. The MBA-graduate from Jaipur married an Indore-based
lawyer in 2014 after meeting him via a matrimonial website. He seemed like a
decent, normal man from a reputed family. So she agreed to the match after the
first meeting itself. Her brothers had taken a loan of Rs 25 lakh to fund their
sister’s “fourstar” wedding.
The first time he hit her, it came as such a shock, to Afreen. Then it
became regular, and her mother-in-law beat her too. It was all about dowry.
Afreen chose not to say a word to her mother and brothers back home, because of
the loan they still had to repay.
But the story of her ordeal became public when she was kicked out of her
marital home in August 2015, a year after she was married.
104
Her family kept asking him to take her back, because all of them really
wanted Afreen’s marriage to work. He picked her up nine days later, only to
throw her out again the next month. 89
In January 2016, when she opened a speed post letter from him, she was
caught off guard. It was a divorce, a completely un-Islamic triple Talaaq. There
was not even a reason given for it. Their local qazi said a divorce can happen only
after the husband and the wife get three months to reconcile, but she was not
given that option.
Distraught and feeling helpless, Afreen found courage when she came
across local representatives of the Bharatiya Muslim Mahila Andolan and joined
the organisation. With their help, and with the inspiration of Shayara Bano, she
decided to go to the court, and then her petition was incorporated in Bano’s case
and accepted in the apex court.
A few individual cases were combined to make one big petition. She was
wronged, but this issue was so much bigger, it concerns a lot of devastated
women. The male leaders have been misusing Islam, and they have made a
mockery of marriage. In view of the different opinions recorded, by a majority of
3:2 the practice of ‘Talaaq-ebiddat’ – triple Talaaq was set aside by CJI, Justice
Jagdish Singh Khehar, Justice Kurian Joseph, Justice Rohington Fali Nariman and
Justice Uday Umesh Lalit on August 22, 2017 .
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7.5. LANDMARK CASE - GUJARAT RIOTS - BILKIS BANO
CASE
The CBI discovered that local policemen had buried some of her relatives'
bodies with salt to speed up decomposition.
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Kashmir's Kathua by six men, including one who had been "invited" to come all
the way from Meerut to "satisfy his lust", the police have told a court.
The girl, held captive for a week in January of 2018, was strangled and
then hit with a large stone by the rapists "just to be sure that she was dead", a
police charge-sheet reveals in horrifying detail. 91
The kidnapping, rape and killing of the girl of the Bakherwal community
at the Rassana area of Kathua was part of a planned, chilling strategy to instill fear
and drive the nomadic tribe out of the region, reveals the 15-page charge-sheet
filed by the Jammu and Kashmir Police in the chief judicial magistrate's court.
On January 23, 2018, about a week after the body was discovered, the government
handed over the case to the Crime Branch, which formed a Special Investigation
Team.
After the landmark judgement of Shah Bano’s case, there was a chaos in
the Muslim personal law. The parliament passed and enforced The Muslim
Women (Protection of Rights on Divorce) Act, 1986, which provided that under
section 3(1)(a), a divorced woman is entitled to reasonable and fair provisions,
and maintenance within the ‘iddat’ period.
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One of the council, i.e, Danial Latifi challenged the above act, claiming
that it was unconstitutional, and in violation of Article 14, and 21.
In this case, it was held that the petitioner, in his argument said that the
Act is unconstitutional and has the potential of suffocating the Muslim women,
and undermines the secular character, which is the basic feature of the
Constitution. There is no reason to deprive the Muslim women of the applicability
of section 125 of CrPC and present act is in violation of article 14, and 21. To
this, the respondent said that personal laws are a legitimate basis for
discrimination and therefore does not violate article 14 of the Constitution. The
Court thereby held that the said Act was not in violation of Article 14 and 21 of
the Indian constitution.
Mrs Sabah Adnan Sami Khan vs Adnan Sami Khan on 23 March, 2010
Bench: D.B.Bhosale, R.Y. Ganoo
The court held that the divorce between the appellant and the respondent
under the Divorce Agreement dated 18.4.2004 was a Talaaq in the ahsan mode
and, therefore, the appellant was not obliged to undergo halala prior to the second
marriage. In our opinion, even in case of a divorce by khula, the wife is not
obliged to undergo Halala before contracting remarriage with the same husband.
Under the circumstances, the petition filed by the wife and her
Misc.Application under the provisions of the Domestic Violence Act before the
Family Court are tenable.
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Kusum, cases and Material on Family law, page 413 & 414. Universal Law publishing co. 3rd ed. 2013 109
98 Rights of Muslim women: An Analysis of... (PDF Download Available). Available from: https://
www.researchgate.net/publication/
274702838_Rights_of_Muslim_women_An_Analysis_of_Indian_Muslim_personal_Law#pf3 [accessed 26/04/2018].
The enactment no way intends to protect the woman aggrieved, who are
victims of Domestic Violence. The definition and connotation of Domestic
Violence under section 3 of the enactment do not indicate any intention either
express or implied to exclude Muslim women.
Facts of the case: Muslim law allows Muslim men to have four marriages,
along with the right to divorce, under the concept of Talaaq, whereby, the husband
has the authority to divorce by the utterance of the term ‘Talaaq‘, without judicial
methods, and this may happen without her consent. The PIL filed in this case
addressed both these issues, along with some others.
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The PIL addressed five major issues. They were:
It was held that India and Indians have been governed by personal laws,
regardless of the time period. It was of the opinion that an interference by the
court would lead to several undesirable outcomes, as the adjudication of personal
laws was beyond the jurisdiction of the courts. The petition was therefore
dismissed.
The fight over the payment of Mahr brought the parties before the court.
The wife demanded the payment of mar while the husband denied his liability to
pay mar as she had relinquished her rights through an agreement.
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The court held that since the concept of contract is the basis of marriage,
the principles of a valid contract would be applicable to the relinquishment which
should be voluntary, without being induced by duress, fraud, misrepresentation,
undue influence, or mistake, with free consent.
Again a Muslim wife can stipulate for the power, to divorce herself in case
of the husband availing of his legal right to take another wife
In Ayatunnessa Beebee v. Karam Ali, ILR 36 Cal 23, it was held that a
Muslim wife, who has the power given to her by the marriage contract to divorce
herself in the event of the husband taking a second wife does not lose her option
by failing to exercise it the very moment she knows that he has done so, for "a
second marriage is hot a single but a continuing wrong to the first wife.
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attachment of her property, or both. Moonshee Buzloor Ruheem v. Shumsoonissa
Begum, 11 Moo Ind App 551 (609); Abdul Kadir v. Salima, ILR 8 All 149 (FB).
In India, there has never been an Indian personal law. Instead, there are
several personal laws, application to various religious communities i.e. the
Hindus, Muslim, Christian, Jews and Parsees.
Are you aware that MPL in India is not codified?
• Each of this is known as the personal law of the particular community and
covers matters of the personal relationship like marriage, adoption,
inheritance and succession, maintenance and guardianship.
• Two major personal laws in India are the Hindu and the Muslim.
• The Constitution enjoins upon the state to Secure for the citizen a uniform
civil code throughout the territory of India.
• The bone of contention revolving around Uniform Civil Code has been
secularism and the freedom of religion enumerated in the Constitution of
India.
• The Indian Constitution desires and aims for a Uniform Civil Code (UCC)
for its citizens. Harmony, unity, equal treatment of everyone before law,
equal penalty or punishment for everybody (irrespective of religion, caste,
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creed or sex), secular law in a secular nation, gender equality, justice for
all, etc are certainly noble objectives that could be pursued through a
Uniform Civil Code. These could be ideal goals for a developing nation of
great diversities, pluralities and potentials, like India.
Are you aware that Muslim Personal law in other Islamic Countries is
codified?
Although the spirit and intent behind “one nation one law” is worth
appreciating, the task has never been easy. Back in those days, the Constituent
Assembly, comprehending the benefits along with the complexities attached to
this idea, had vigorously debated the subject at length. The founding fathers
ultimately decided not to go ahead with uniform personal law as a justifiable right
in wake of severe opposition from the Muslim members. The socio-economic and
political conditions in the country were also not in favour of that.
Even the Hindu Code Bill faced some serious resistance from
conservatives, reactionaries and from some key organisations in the 1950s.
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Interestingly, the Hindu Personal Laws adopted changes by means of
amendments until as recent as in 2013 - on daughters’ inheritance, divorce,
dissolution of marriage, children, compensation, etc. And, it was not until the
2005 Amendment in Hindu Succession Act, 1956 that daughters were allowed
equal rights to coparcenary property, as sons.
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Firstly, no one knows the contents of a representation (called Progressive
Uniform Civil Code) on UCC that was made to the law commission by a group of
eight individuals. It is not yet known how credible is that draft as the commission
hasn’t recognised or endorsed its existence and credibility. If there is a draft at all,
it will be interesting to find out how the common code would treat existing
personal laws of communities and of sects within the communities across the
regions.
Second, it is yet not clear whether, for instance, existing secular laws like
Special Marriage Act or Indian Succession Act will be reinforced and broadened;
or some new secular common law would be brought into effect replacing the
existing personal laws; or personal laws of one community would be made to
prevail over the other.
It is also unknown how a UCC will treat the essential and mandatory
Quranic requirements of Nikaah and Mehr for a valid marriage between two
Muslim parties or how it will deal with the Quranic method of Talaaq for valid
dissolution of marriage between two Muslim parties. Questions will also arise as
to how a common code will deal with the other essential requirements for a valid
Hindu marriage like degrees of prohibited relationships, prohibition under sapinda
(cousin marriage), etc.
It will also be interesting to find out as to how a Uniform Civil Code will
reconcile varying ceremonies, customs, practices and traditions in marriages from
Punjab to Goa to Kerala to Tamil Nadu to North East, etc, which are otherwise
considered valid in law.
Given the fact that personal laws are matters of deep faith, founded in
theology, practices and traditions, and have an emotional and sensitive content
attached to it, any effort towards a secular, uniform, personal law could also be
(rightly or wrongly) perceived as encroachment, interference and intimidation by
the state and could even be considered by some as imposition of one personal law
(as the common personal law), over all others.
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Without a doubt, Uniform Civil Code is easier said than done in a
democratic set-up with such diversities of faiths, theologies, tribes, personal laws,
cultures, traditions, practices, history etc. Given the existing social divisions and
fissures within the major communities and also between the communities on
various counts, and with a maze of personal laws, probability of effecting
uniformity doesn’t appear to be encouraging at the moment. No wonder, the
difficulties, challenges and risks of such an exercise make the codification process
a hugely complex affair.
There are chances (however feeble they may be) that a top-down
disruption in the present conditions may also throw the nation’s social fabric and
economy into a tailspin and that will never be in nation’s overall interest. This
overarching but real concern has essentially been the reason why Parliament
hasn’t looked into this subject until now.
The emphatic majority view of the Constitutional Bench that personal law
is not statutory law but is guaranteed and protected under various provisions of
the fundamental rights and that courts are not qualified to interfere in personal
laws (which many across the country may not agree), has not only made the task
of moving towards a secular uniform personal law much more difficult, but has
also added roadblocks to any future UCC passing the judicial muster.
In its judgment on triple Talaaq, the Supreme Court articulated its position
clearly and it saw no role for judiciary in adjudicating matters of personal laws. It
appeared to have silently, cautiously and wisely thrown the ball into the
legislature’s domain to deal with this hotpotato issue. Hence, it is now up to the
legislature to apply its wisdom and assess whether it makes sense, at this
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juncture, to venture out into this space or not. It is also up to the government to
evaluate costbenefit of such a contentious move and assess whether the fastest
growing economy of the world immediately needs such a wide-ranging social
reform to support economic growth.
The government needs to apply its mind and examine whether people
could come around to some kind of a working consensus on the subject. The
government’s hands are already full with impending challenges and matters of
immediate high priorities.
Early human rights law enacted by the United Nations did not specially
mention violence against women, although they are still relevant. In 1948, the
Universal Declaration of Human Rights (UDHR) was adopted by the United
Nations General Assembly.
Like the earlier human rights instruments, the main text of the Convention
on the Elimination of All Forms of Discrimination Against Women (CEDAW),
entered into force in 1981, did not explicitly include language on violence against
women.
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individual women, or groups of women, to submit claims of violations of
CEDAW after exhausting domestic remedies.
The Convention Against Torture, which has been ratified by 151 states,
strictly prohibits torture of any kind, with torture defined as any act by which
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severe pain or suffering, whether physical or mental, is intentionally inflicted” for
purposes such as obtaining information, punishment, intimidation or coercion, or
any reason based on discrimination.
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8. CONCLUSION SUGGESTIONS & REMEDIES
The woman must be given her due importance and not be exploited in the
name of religion. The laws of islam is not being interpreted in the light of
kindness and humanity or their wouldn’t be an array of cruelty, violation of
women’s rights by muslim men.
Education alone will empower the women and break them free from the
shackles bonding them in the name of religion. By not educating the women the
men are disabling their wives from giving basic education to their daughters as
well as sons.
It will also be correct to say that educating the girls of their rights as they
are brainwashed of their duties should be the obligation of the parents towards
their daughters. By empowering their daughters they can ensure that she will be
independent and no man can rob her of her fundamental human rights as she will
be a smart personality to fight for her rights.
The current state of women even though they are educated is bleak, the
researchers thinks that the reason is that the women are taught to be submissive,
accommodating and committal towards their familial obligations. They have
fewer or no role model leading them to salvation, however, they have plenty of
role models around them living a resigned, long-suffering, stoic lives.
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The entire community in general is backward in terms of eduction and
economy. Economic empowerment which can be accomplished through
eradication of poverty from the community and income generation. The socio-
economic status of muslim women needs enhancement through health, nutrition,
etc in addition to education and skill development along with an awareness drive
campaign telling them of their rights.
The Muslim sons are do not have guidance and are ill-informed thus have
a bigotry and dictatorial attitude towards women in their community. With proper
Islamic insight of his duties and kindness, topped with some legal human rights
education, moral science and community living lessons the sons can make this
world a better place to live in. They too are mostly self employed in small
businesses and not progressive and avant grade in their attitude in general.
The codification of Muslim Personal Law will prevent the clerics from
giving a go-ahead to wrongly pronounced Talaaq thus intercept a family from
falling apart.
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However, a substantial reason for socio-economic backwardness is dearth
of education which forms a vicious circle. And, women empowerment and socio-
economic characteristics are positively corelated and education leads to
empowerment.
The researcher urges for self education, awareness campaigns and formal
education as the problem with regards the fundamental rights due to the mis-
interpretation of their primary source of law and their socio-economic conditions,
background, circumstances add to their woes of Muslim women.
8.1. EDUCATION
“Education is the most powerful weapon we can use to change the world”
- Nelson Mandela
A lot has been said and written about the educational backwardness of
Muslims especially Muslim girls and women based on small sample studies
(highly localized) with limited generalization possibility and some very large all
India sample surveys /studies by Aizazuddin Ahmed (1983, 93, 94, 95); Zoya
Hasan & Ritu Menon (2000 - 01), (Shamim Shah - 1983), among others.
Noted scholars and leaders from the same community, however, see
regional disparities and heterogeneity in levels of basic infrastructure of
education, health, water, sanitation, roads, electricity, transport and
communication as key variables reflected in unequal income and capacity of the
parents to avail even the existing educational infrastructure, howsoever poor or
deficient.
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Further, proposed measures of Sachar Committee Recommendations
(2006) be implemented for muslim girls / women
There is need of genuine social and political leader to reform the backbone
of Muslim community.
Parents need to be enlightened about the opportunities their little and big
girls would miss if they are not educated. We need to have Mohalla Committees
to take up a matter so crucial as this to bring about a change.
The Government should support a task like this to reach out to villages and
remote parts of India. “Beti Bachao, Beti Padhao" is a slogan rightly penned by a
very good Public Relations of PM Modi if only it could be implemented
immediately.
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8.2. WOMEN EMPOWERMENT
When in general the Muslims are backward the only option is to empower
their women which makes up almost 50% of the muslim population. For the
Empowerment of Muslim Women and Development of Children every effort
should be made to create an enabling environment where women can freely
exercise their rights both within and outside home, as equal partners along with
men.
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By empowerment, women should be made the agents of social change.
Education being the most powerful instrument for empowering women and be
made special priority. Make “Education for Women’s Equality” the goal.
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Training pertaining to Legal Literacy should include -
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Inform the woman on legal recourse: in case she wants to report the violence,
provide her with details of Legal Aid Centres existing in court at the district level
and provide guidance on seeking legal assistance.
By empowering girls and women we can give them tools to defend themselves.
By giving girls an education, and educating them equally without discriminating,
we can prevent horrible situations from happening. Man needs to take part in this
conversation too, violence against women is not just a woman’s issue, it’s a man’s
issue too. And men listen to other men, boys listen to men. If more and more
people take a stand we will see change sooner than later.102
The goal of this reading is to bring about the advancement, development and
empowerment of women. Specifically, the Government should take up the case of
the backwardness of Muslim women and following objectives and policies should
included in the upliftment of the downtrodden and other women whether Muslim
or not.
Creating an environment through positive economic and social policies for full
development of muslim women to enable them to realize their full potential.103
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Changing societal attitudes and community practices by active participation and
involvement of both men and women. Mainstreaming a gender perspective in the
development process.
Elimination of discrimination and all forms of violence against women and the
girl child; and Building and strengthening partnerships with civil society,
particularly women’s organizations.
Policy Prescriptions for Judicial Legal Systems- Legal judicial system should
be made more responsive and gender sensitive to women’s needs, especially in
cases of domestic violence and personal assault. And to ensure that justice is
quick and the punishment meted out to the culprits is commensurate with the
severity of the offence.
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Mainstreaming a Gender Perspective in the Development Process -
Government Policies, programmes and systems be established to ensure
mainstreaming of muslim women’s perspectives in all developmental processes,
as catalysts, participants and recipients. Women’s issues and concerns as a result
will specially be addressed and reflected in all concerned laws, sectoral policies,
plans and programmes of action.
The provision of support services for women, like child care facilities, including
crèches at work places and educational institutions, homes for the aged and the
disabled will be expanded and improved to create an enabling environment and to
ensure their full cooperation in social, political and economic life. Women-
friendly personnel policies will also be drawn up to encourage women to
participate effectively in the developmental process.
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Social Empowerment of Women through Education - Equal access to
education for muslim women and girls should be ensured. Special measures be
taken to eliminate discrimination, universalize education, eradicate illiteracy,
create a gender-sensitive educational system, increase enrolment and retention
rates of girls and improve the quality of education to facilitate life-long learning
as well as development of occupation/vocation/technical skills by women.
Reducing the gender gap in secondary and higher education would be a focus
area. As they belong to weaker sections just like the Scheduled Castes/Scheduled
Tribes/Other Backward Classes/Minorities.
Health - A holistic approach to their health which includes both nutrition and
health services will be adopted and special attention will be given to the needs of
women and the girl-child at all stages of the life cycle. The reduction of infant
mortality and maternal mortality, which are sensitive indicators of human
development, is a priority concern. They should have access to comprehensive,
affordable and quality health care.
Nutrition - In view of the high risk of malnutrition and disease that women face
focussed attention would be paid to meeting the nutritional needs of women at all
stages of the life cycle.
Drinking Water and Sanitation - Special attention will be given to the needs of
these poor women in the provision of safe drinking water, sewage disposal, toilet
facilities and sanitation within accessible reach of households, especially in rural
areas and urban slums.
Housing and Shelter - Special attention should be given for providing adequate
and safe housing and accommodation for women including single women, heads
of households, working women, students, apprentices and trainees.
Violence against women - All forms of violence against women, physical and
mental, whether at domestic or societal levels, including those arising from
customs, traditions or accepted practices shall be dealt with effectively with a
view to eliminate its incidence. Institutions and mechanisms/schemes for
assistance will be created and strengthened for prevention of such violence,
including sexual harassment at work place and customs like dowry; for the
rehabilitation of the victims of violence and for taking effective action against the
perpetrators of such violence. A special emphasis will also be laid on programmes
and measures to deal with trafficking in women and girls.
Rights of the Girl Child - All forms of discrimination against the girl child and
violation of her rights shall be eliminated by undertaking strong measures both
preventive and punitive within and outside the family. These would relate
specifically to strict enforcement of laws against prenatal sex selection and
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the practices of female foeticide, female infanticide, child marriage, child abuse
and child prostitution etc.
Removal of discrimination in the treatment of the girl child within the family and
outside and projection of a positive image of the girl child will be actively
fostered. There will be special emphasis on the needs of the girl child and
earmarking of substantial investments in the areas relating to food and nutrition,
health and education, and in vocational education. In implementing programmes
for eliminating child labour, there will be a special focus on girl children.
Institutional mechanisms, can be utilised to promote the advancement of women,
which exist at the Central and State levels, will be strengthened. These will be
through interventions as may be appropriate and will relate to, among others,
provision of adequate resources, training and advocacy skills to effectively
influence macro-policies, legislation, programmes etc. to achieve the
empowerment of women.
These societies will bring about synergistic implementation of all the social and
economic development programmes by drawing resources made available through
Government and Non-Government channels, including banks and financial
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institutions and by establishing a close Interface with the Panchayats/
Municipalities.
Towards this end, they will be provided with appropriate support related to
resources and capacity building and facilitated to participate actively in the
process of the empowerment of women.
137
Yet mere economic growth cannot assure the growth of the nation. For India to be
considered truly developed, it has to treat its women with respect and dignity!!
Gandhiji said -
…the researcher urges the readers to strive for a world where being born a
female is not a disadvantage and the researcher is willing to play her part in
making that world a reality. Will you ?
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GLOSSARY
Din: (literally 'religion') the way of life based on Islamic revelation; the sum total
of a Muslim's faith and practice. Dīn is often used to mean the faith and religion
of Islam.
Fatwā : legal opinion of an (alim) binding on him and on those who follow his
Taqlid
Fiqh : jurisprudence built around the shariah by custom (al-urf). Literally means
"deep understanding", refers to understanding the Islamic laws. (see Faqih)
Hijab [hee-jaab]: Commonly, the term hijab is used to denote the scarf or other
type of head-covering and / or covering a woman’s entire body, worn by Muslim
women throughout the world.
Iddat, : that is, the waiting period that a woman must observe following a divorce,
with the exception of a divorce ending an unconsummated marriage. ʿIddat
usually lasts for three menstrual cycles or, where the wife proves to be pregnant,
until the delivery of the child.
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ʾIjmā' : the consensus of either the ummah (or just the ulema) – one of four bases
of Islamic Law. More generally, political consensus itself. Shi'a substitute
obedience to the Imam; opposite of ikhtilaf
ʾIslām : ”submission to God". The Arabic root word for Islam means submission,
obedience, peace, and purity.
Madinah: Originally this city was called Yathrib, and was located about 200 km
north of Mecca. This was the first city-state that was established under the banner
of Islam.
Muslim Law: any person who professes as a religion, that there is but one God
and that Mohammad is the prophet of that God.
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Muwajjal -literally means late or something that will be given later at a specified
or unspecified date.
Shari’ah [sha-ree-ah]: Literally "the path to water," this term refers to guidance
from God to be used by Muslims to regulate their societal and personal affairs.
The Shari’ah is based upon the Qur’an and the Sunnah of Muhammad, and is
interpreted by scholars in deliberating and deciding upon questions and issues of
a legal nature.
Shi'ite: Partisan or follower who believes that leadership should come from
descendants of Muhammad's family.The plural is Shi’a.
Sunni: Most Muslims are Sunni. This name is derived from sunna (tradition) for
one who follows the tradition of Muhammad (who did not designate a successor).
It is the belief that leadership should come from among the Quraish Arabs
(Muhammad's tribe).The plural is Sunnites.
Surah: Chapter of the Qur'an, of which there are 114.The plural of surah is
suwar, which means chapters. Also spelledsurah.
Triple talaq - It has two forms: (i) the triple declaration of talaaq made in a
period of purity, either in one sentence or in three, (ii) the other form constitutes a
single irrevocable pronouncement of divorce made in a period of tuhr or
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even otherwise. This type of talaaq is not recognized by the Shias. This form of
divorce is condemned. It is considered heretical, because of its irrevocability.
Halala - If a husband divorces his wife (irrevocably) he cannot after that remarry
her until after she has married another husband and he has divorced her.
Polygamy: One man married with several wives at the same time
Qur’an: The word Qur’an means "the recitation" or "the reading," and refers to
the divinely revealed scripture of Islam. It consists of 114 surahs (chapters)
revealed by God to Muhammad over a period of twenty-three years.
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BIBLIOGRAPHY
Mamta Rao, Law Relating to Women and Children, Lucknow, Eastern Book
Company, 2012
Dr Noorjahan Safia Niaz & Zakia Soman - Seeking Justice Within Family -
Belgaum - Bhartiya Muslim Mahila Andolan - March 2015
Status Of Muslim Women In Islamic Societies – Past And Present By Dr. M.I.H.
Farooqi (check book online)
Dr. M.I.H. Farooqi, The Muslim Societies - Rise and Fall, Lucknow, Sidrah
publishers, 2010
Asghar Ali Engineer, 2005, Islam Women and Gender Justice, New Delhi, Kalpaz
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143
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