Shariat Law In India

[Terpsícore Deckelman]

Feminismis basically a collection of movements andideologies aimed at defining, establishing, and defending equal political,economic, cultural, and social, legal rights for women. This includes lookingfor to establish equal opportunities for women in education and employment. A feminist advocates or supports therights and equality of women. Feminism gives a newpoint-of-view on our society, when reducing old theory about why things are theway they are, and looking at it from the perspective that women are notinferior and men are not the mean.

All over the world today, Muslim women areclaiming their rights from within the framework of Islam. From Pakistan toNigeria, women are speaking up about the need for the reinterpretation or ijtihad of Islam law or shariah to lessen the gap between therights of a man and the rights of a woman in Islamic society. Many would argue that the first feminist ofIslam was the Prophet Muhammad himself.[xvii] During his prophet hood, many radical reformswere instituted that concerned the treatment and place of women.

In the Shah Bano Case after forty-three yearsof marriage, Shah Bano husband Mohammed Ahmed Khan, a rich and well-knownlawyer forced his wife, Shah Bano, out of her matrimonial home. Then, in hersixties, Shah Bano was thrown out along with her five children. Shah Bano filedfor maintenance under Section 125 of the IndianCriminal Procedure Code(Cr.PC).

Shah Bano was not only a Muslim, she was aMuslim woman. The Muslim religious leaders responded the way they did becausethe judgment had the potential of changing the Muslim woman: the embodiment ofIslamic values and culture, which for those who sought to conserve the religionas it was, was not to be meddled with. When the judiciary undermined the scopeof the Muslim Personal Laws, the Muslim leadership interpreted it as a betrayalof the ideal of secularism because secularism as they saw it was the Statebeing accepting of different religious practices. While the Muslim leadershipsaw Shah Bano as an example of a Muslim woman, the Supreme Court saw her as anIndian citizen whose situation was to be judged on the basis that she was anequal citizen of the nation and deserving of the same rights irrespective ofher religious identity.

And other case the Latifi verdict was thus a step forward on the road to sex equalityin as much as it provides a predominantly social, rather than religiousgrounding for maintenance provisions. Notwithstanding this liberalinterpretation, the issue of discrimination on the basis of religion has notgone away: it remains significant. Only Muslim women are denied maintenance inthe Code of Criminal Procedure.

In India Shariatlaw pronounced as Muslim Personal Law, governs the above and like matterrelating to Muslim Community in India. Muslim Personal Law in India is governedby the provisions of the Muslim Personal law (Shariat) Application Act, 1937.

Talaqthree times or triple talaq is aproblem that stands as Jinn upon the Muslim community.There have been many controversies on this problem. Different things are said frequently and inthe recent days they have been happening too

A Mumbai group thatincludes several lawyers, academics and NGO leaders has been trying since theearly 1990s to draft and 2005 publish a Model Nikahnama that clearlypresents these options. Muslim Intellectuals, Lawyers, activists, and Ulema participated in the debate todiscuss the launch of the model nikahnama and banning of Triple talaq.[xxi]

One ofthe Main sticking points has been whether to include a mention of talaq-tafwiz[xxii]. Thefour-page nikahnama, available inboth Hindi and Urdu versions in a single booklet, lists 17 points that thecouple should keep in mind. It not only prohibits dowry and domestic violence,but also lays down the terms on which religion prescribes the bridegroom totreat his wife. The nikahnama releaseof the approved document till 2005. Its approved nikahnama deleted the mandatory clauses regarding triple talaq; replaced them with a simplecaution against it and retained clauses regarding mehr in kind, prohibition on dowry and against violence[xxiii].But it introduced something new: a conservative code of conduct for women suchas they should not step out without the permission of the husband etc.

The grave problem ofMuslims in India earlier was that they learnt the Quran in Arabic language whereas their native language was Hindi,Urdu or other regional languages. Such a situation creates the problems ofunderstanding and interpretation. Though translations are available now howeverstill a few well read Muslims or upper class rich (Shurfa) read and the number of women is too small.

Having said this, itcan be safely argued that now the Indian Muslim women are aware about theirrights which are enshrined the Quran for them. Suchawareness got reflected in the 1996s given the Shah Bano case and 2005 Model Nikahnama. The need of the hour is that the Indian Muslimreformist and other Muslim organizations have the responsibility of reformingthe Shriat Act 1937 and to put it within the reach of theordinary Muslims. Today at least 22 Islamic countries haveabolished instant triple talaq. In Muslim countries likeEgypt, Turkey, Iran and Iraq, reforms have been made to the shariat law.Even our neighbors, Pakistan, and Bangladesh have abolished such a talaq eitherclearly or implicitly. In India the case for instant triple talaq is highly politicized, muchdebated, made into a media and propaganda monster and at the end lessunderstood and misinterpreted.

Islamic feminism tries to challenge the traditionalunderstanding of Quranic verses inthe light of gender justice. They have contributed to the debate on need forreforms. Though much has not changed on the ground as the community lacksopportunities for education and thus remains backward. Since To reach out tothe large numbers of members of the community is an uphill task and slowpainful process, but with education, it will correct the patriarchalperspective in which men have understood Quran.

IslamicFeminism demands equal rights of women. It strives of equality of all Muslims.The basic tenets on which Islam stands is equality and then how women can bedifferent? This is the issue raised by the Islamic feminists. They have deviseda separate Nikahnama and nowchallenge Muslim Personal Law Board.

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