Muslim women across the country want, and rightfully deserve, a progressive personal law, but the Indian state would rather follow the path shown by the conservative men of the All India Muslim Personal Law Board.
Why is this so? Are we turning a deaf ear to them at the cost of preserving a diverse culture? A recent survey conducted by the Bharatiya Muslim Mahila Andolan, a non-governmental organisation working for the rights of Muslim women, reveals the status quo of Muslim Shariat Law. The survey strikingly captures the failure of the Muslim community as well as the Indian state to understand the rights of the Muslim women and to contemplate their circumstances.
The survey has been done in 10 Indian states recording the views of 5,000 Muslim women on Muslim personal law. The survey brought in light the key issues that women face and are not at all equipped with the legal system to take a stand. Underage marriage is a major concern. Mohamed Ali Jinnah fought a stiff battle to restrain the medieval Child Marriage Act and finally in 1929 Child Marriage Restraint Act of 1929 was passed. The law fixed the legal age for marriage for Muslim girls at 15 and for boys at 18.
Polygyny is again another severe constrain for a progressive society, it’s a bogey for the Hindutva brigade in India. The custom comes from the mistaken myths that polygyny leads to higher birth rates. This is the principal reason for Sangh Parivar’s strong opposition for the law.
The word ‘talaaq’ if repeated thrice can end a marriage leaving the women and the family to its misery. This law would enable the husband to end a marriage instantly who mostly also has the economic power as well.
Here are the key facts:
- 76% Women want the age of marriage for girls to be above 18
- 92% Women want the provision of polygyny removed
- 92% Women want a BAN on an oral/unilateral Divorce
- 83% Women want codification of Muslim family Law
- 96% Women have never heard about All India Muslim Personal Law Board
The gory statistics of the survey reveals the true face of the miseries of women from marginalized communities. If we compare the state of Muslim legislation in India to that of the Australia, which scrapped any shariat claiming it’s incompatibility with democracy and human rights, we see a strong similarity.
In 2006, the then Federal Treasurer Peter Costello declared that “there was no place for Sharia laws in secular society like Australia.”
Prominent contemporary scholars Abd al-Qadir ‘Awda, Muhammad Abu Zahra and more recently Shaykh Yusuf al-Qaradawi have argued that secular, democratic nations are best regarded as dar al-‘ahd (“abode of covenant”). This was recently supported by a 2012 fatwa issued by the International Union for Muslim Scholars regarding the Russian Republic of Dagestan, whose majority population are Muslims of diverse ethnic backgrounds.
The fatwa declared that, “based on present-day realities countries that have embassies or enjoy diplomatic relations with Muslim countries fall within the realm of dar al-‘ahd”
What is Shariat?
It’s a religious path to “achieve salvation” in the Hereafter and not simply Islamic law.
The most striking and horrifying fact about Sharia’t is that, it’s not yet codified and it lies only in the hands of the judge to decide which law to be applied. There is no single entity code of Shariat, different sec and communities and school of jurisdiction follow their own version of Sharia’t. And nearly 96% of women are unaware of The All India Muslim Personal Law Board, the sole entity to fix judgement on Indian Muslim law. And this body is not even a government body but a nongovernmental organisation, formed as late as 1973.
Given this situation if the Indian state continues to ignore the pathetic situation of a severe portion of the society, we are surely heading towards a cultural war.
The post Why India Should Listen To Muslim Women And Abolish Sharia appeared first on KenFolios.
