Home

Crowdfunding Countercurrents

CC Archive

Submission Policy

Popularise CC

Join News Letter

Defend Indian Constitution

CounterSolutions

CounterImages

CounterVideos

CC Youtube Channel

Editor's Picks

Feed Burner

Read CC In Your
Own Language

Bradley Manning

India Burning

Mumbai Terror

Financial Crisis

Iraq

AfPak War

Peak Oil

Globalisation

Localism

Alternative Energy

Climate Change

US Imperialism

US Elections

Palestine

Latin America

Communalism

Gender/Feminism

Dalit

Humanrights

Economy

India-pakistan

Kashmir

Environment

Book Review

Gujarat Pogrom

Kandhamal Violence

Arts/Culture

India Elections

Archives

Links

About Us

Disclaimer

Fair Use Notice

Contact Us

Subscribe To Our
News Letter

Name


E-mail:



Search Our Archive



Our Site

Web

 

 

 

 

 

Silver Linings For Muslim Women In India

By Moin Qazi

15 September, 2015
Countercurrents.org

A mother is a school. Empower her and you empower a great nation.
Hafez Ibrahim, Egyptian poet (1872-1932)

The last few weeks in India have seen several development that augur well for the Muslim women. In India, many of the rules governing women are governed by antiquated customs and are actually not sanctioned by scriptures. Many women disagree and say that these laws are outdated and harmful and antithetical to the precepts of the Qur’an .They feel corrupted cultural practices dominated by male chauvinists have distorted the true spirit of the Qur’an which accords a very dignified position to women. One such rule is the talaq law, which allows a Muslim man to divorce his wife immediately after pronouncing the word “talaq” three times. Instant divorce is currently allowed under Islamic law. In India, Muslim men have sent triple talaq by text, email, Facebook, Skype and Whats App. While it has always been somewhat easy for Muslim men to divorce their wives, the use of digital medium makes it almost instantaneous.

Talaq, talaq, talaq — the three dreaded words — if uttered by a husband in quick succession could, in less than a blink of an eye, unilaterally bring to an end the marital life of a Muslim woman. However, in what may come as a shock to numerous Muslims and others, the Qur’an does not prescribe this form of divorce at all.

Women working against the talaq law received good news: a government committee set up in 2013 to look into women’s status recommended that the government should outlaw it.In a similar development a woman won a major law suit for provision of maintenance after divorce. In a landmark ruling, the Kerala High Court, the highest provincial court in India, ordered a man to pay his former wife Rs 3.6 lakh compensation for her medical expenses, despite divorcing her 12 years ago. Similarly the court held she was entitled to maintenance expenses for 10 years.

The court said the medical expenditure of Abbas's ex-wife, Sauda, is still his responsibility irrespective of the divorce. Sauda was divorced in 2004 after 13 years in marriage with Abbas, who is now married for the second time. Sauda, with no source of income for herself, has three children from her marriage with Abbas.

The court invoked the provisions of the Muslim Women Protection of Rights on Divorce Act, 1986Sub section (2) of Section 3 of the Act , says that 'if the amount equal to the sum of mehr or dowry has not been paid, make an order within one month of the date of filing of the application, directing her former husband to pay such reasonable and fair provision and maintenance to the divorced woman, as he may determine as fit and proper having regard to the needs of the divorced woman'," .

The Act was enacted in 1986 in the wake of the Supreme Court's judgment in the Shah Bano case, whereby the apex court ruled that even a Muslim woman was entitled to receive alimony under the general provisions of the Criminal Procedure Code (CrPC), like anybody else. While the judgment was not the first granting a divorced Muslim woman maintenance under the CrPC, it was the first in which the Supreme Court referred to Muslim personal laws in detail. Many Muslim clerics saw the judgment as an encroachment on the right of Muslims to be governed by their personal laws. Following severe protests from various Muslim community leaders, the Rajiv Gandhi government got the Muslim Women (Protection of Rights on Divorce) Act passed in Parliament, with absolute majority. Rajiv drew much criticism over the move, with the Opposition calling it another act of "appeasement" towards the minority community by the Congress.

What are the salient features of the Act?

The Act entitles a divorced Muslim woman to four rights under its specific provisions:

(i) Right to maintenance during the period of iddat (the stipulated waiting period after the divorce in which a woman cannot remarry); (ii) Right to fair and reasonable provisions for her entire life; (iii) Right to receive alimony for the child till two years from divorce; (iv) Right to receive maintenance from the State Wakf Board in some exceptional circumstances.

How was the Act perceived?

Diluting the Supreme Court judgment, the most controversial provision of the Act was that it allowed maintenance to a divorced woman only during the period of iddat, or till 90 days after the divorce, according to the provisions of Islamic law. This was in stark contrast to Section 125 of the CrPC — the general provision for maintenance of wives, children and parents — that applies to everyone irrespective of religion.

How has the Act been interpreted by the Supreme Court?

The apex court has interpreted the provisions of the Act more liberally. In Daniel Latifi vs Union of India, 2001, the Supreme Court upheld the Act in so far as it confined the time period of maintenance to the iddat period. But it also held that the quantum of maintenance must be "reasonable and fair" and therefore last her a lifetime. In effect, the judgment does a balancing act between the effect of the Shah Bano judgment and the words of the Muslim Women (Protection of Rights on Divorce) Act.

Why is the Act not frequently used?

Despite its unique feature of no ceiling on quantum of maintenance, the statute is sparingly used because of the lack of its knowledge even among lawyers. The legal fraternity generally uses the CrP C provision while moving maintenance petitions, considering it handy.

Muslim women have successfully networked and engaged in dialogue and cooperation with other Muslim women globally; however, the ultimate success of joining women’s voices to the interpretation of Islam requires their acceptance as equally capable interpreters alongside their male colleagues. Many Muslim men support and encourage this dialogue within Islam, as critical to the development of Islam in the twenty-first century.

It is clear that Muslim women’s empowerment, like many things, cannot be imposed on a country or a culture from the outside. Men and women within these conservative communities must first find their own reasons and their own justifications to allow women a fuller role in society. Increasingly, they are finding those reasons within Islam. Like men, women deserve to be free. It is only a matter of time until the day comes when they [women] test their chains and break free. As Rumi says in the Mathnawi, “This woman, who is your beloved, is in fact a ray of His light. She is not a mere creature. She is like a creator.”

Moin Qazi is a well known banker, author and Islamic researcher .He holds doctorates in Economics and English. He was Visiting Fellow at the University of Manchester. He has contributed articles to Indian and foreign publications including The Times of India, Statesman, Indian Express, The Hindu, Third World Features (Malaysia), SIDA Rapport (Sweden), Depth News (Philippines), Far Eastern Economic Review and Asiaweek (Hong Kong).He has authored several books on religion, rural finance, culture and handicrafts. He is also a recipient of UNESCO World Politics Essay Gold Medal and Rotary International’s Vocational Excellence Award. He is based in Nagpur and can be reached at [email protected]




 

Share on Tumblr

 

 


Comments are moderated