Islamic Clergy's Misogynistic Interpretation of Sharia At the Root of Gender Bias

Muslim Women Demand Equal Rights In Dissolution Of Marriage Main Points: 1. Kerala High Court granted Right to Khula to Muslim women. 2. Madras High Court supported Kerala High Court's judgment. 3. Muslim Women Protection Act 2019 abolished Triple Talaq. 4. Muslim Laws need to be codified. ----- By New Age Islam Staff Writer 13 February 2023 Representational image of Muslim women wearing hijab | ANI ------ The rigidity of the Islamic clergy over the need to bring revolutionary changes in Muslim personal laws in view of new challenges has led to anxiety among Muslim women and compelled the Indian governments to interfere with Muslim Personal Laws to fulfil constitutional commitments towards equality and justice to women. The Muslim women had long been demanding that the instant triple Talaq should be abolished to save them from the instant Talaq by their husbands on flimsy grounds in violation of the Quranic mode of Talaq but the clergy was of the opinion that though the instant Talaq was wrong but once pronounced, it was valid. This led to hundreds of thousands of instant Talaq. The central government had to move in and it passed the Muslim Women's Protection Act in 2019.Once the Law was enforced, instant Talaq became literally non-existent. Thousands of women and their families were saved. Since the husbands cannot give instant Talaq, the cases of Khula have risen. Apparently, the men are applying indirect pressures on their wives to go for Khula as they cannot give instant Talaq. But again the AIMPLB is opposing Khula on the pretext that women cannot be granted divorce by Khula unilaterally if the husband does not agree. If it is true, then where does the justification for Khula lie? The Quran recognises the women’s right to khula by mutual agreement but what will the woman do if the man neither wants to kerp his wife nor divorce her? There is the need of a way out. She cannot be left at the mercy of an uncaring husband. Therefore, the Kerala High Court ruled in January this year that a woman can be granted divorce by khula even if the husband does not agree. In February, the Madras High Court also pronounced the same judgment. The Madras High Court also ruled that only family courts can grant khulas. The Muslim clergy often presents arguments in favour of sharia councils that the courts get overburdened by divorce, khula, maintenance and inheritance cases. So, sharia councils can take the extra burden off the courts and provide speedy and hassle free solution to the family disputes. But the counter -argument is that the sharia councils give resolution under the sharia laws which often are tilted against women due to the misogynistic interpretation of sharia by the Islamic clergy. In this article, Amana Begum, a women's rights activist discusses the Muslim women's issues from a liberal perspective. ----- Madras High Court Making Khula Valid Isn’t Enough without Codifying Muslim Personal Law By Amana Begam 10 February, 2023 In November 2022, the Kerala High Court held a remarkable judgment stating that Muslim women have the absolute right to divorce their husbands without taking their consent — a type of divorce known as Khula in sharia. The court dismissed a review petition filed by a man challenging the divorce granted to his wife under the Dissolution of Muslim Marriages Act 1939. The husband asserted that the divorce was not absolute and was different from talaq. Earlier this month, the Madras High Court followed suit, ruling that Muslim women have the right to terminate marriage through Khula (which is different from Talaq, where both partners consent to divorce). The HC also asserted in a separate hearing that it could only be granted by a statutory court. The absurd and unfair idea that a Muslim man can divorce his wife at will while the woman’s right to break the marriage is subject to the husband’s consent is widely accepted among Indian Muslims. The Kerala and Madras high courts have challenged the status quo. It is a necessary change in light of the Islamic clergy’s misogynistic interpretation of sharia. Having moved one step forward, there’s still, however, a question that needs to be addressed. Will Talaq also come under the purview of statutory bodies? The Madras High Court asserted in a separate hearing that only family courts can grant khula and not private sharia councils. The same court, in 2017, had ruled that Muslim clerics have no authority to issue divorce certificates If Talaq indeed also comes under the State’s purview, then procedures for Muslim men should also be clarified. Moreover, what will be the role of sharia councils in society if statutory bodies are made the sole authority on divorce? A clear set of guidelines should be provided, and councils should be instructed not to handle matters related to divorce, maintenance, and inheritance. A Wide Spectrum of Discrimination Although it appears that the courts are doing their best to be fairer toward Muslim women, it may not be of much use if the law itself is discriminatory. As far as Muslim civil matters are concerned, they are governed by Muslim personal laws, which are not in line with ideas of gender equality. Men can practise polygamy and divorce their wives unilaterally. Until 2019, when the Muslim Women (Protection of Rights on Marriage) Act was passed, men could even practise instant triple Talaq. According to Muslim inheritance laws, a son inherits double the share of a daughter; a wife receives one-eighth share of the deceased husband’s wealth if she has children and one-fourth if she does not, whereas the husband receives one-fourth share of the wife’s wealth if he has children and half if he does not. Furthermore, guardianship (Hizanat) law discriminates against women — mothers are not regarded as natural guardians of their children. While they can retain custody when the child is a minor, the ultimate Hizanat lies with the father who is deemed responsible for the child’s welfare. It’s evident that such laws not only reflect patriarchal ideologies but also violate fundamental rights enshrined in the Constitution. And this is just the tip of the iceberg — there’s an even wider spectrum of discrimination in Muslim personal laws. Go beyond the 2019 Act Prior to the introduction of the Muslim Women (Protection of Rights on Marriage) Act 2019, women were subjected to oral and written threats of talaq, even over electronic devices. There was a big legal vacuum that further disadvantaged Muslim women. By outlawing instant triple talaq and making inclusions for maintenance and custody, the Act became the first step in the right direction. But there is a need to do more to safeguard women, especially where the societal setup is patriarchal. As much as I appreciate courts’ decisions and amendments in Muslim family law, it is imperative to make fundamental, not superficial, changes to achieve gender equality. Muslim law needs to be codified and sharia councils must be given strict guidelines to ensure that they do not act as a parallel judiciary. In this regard, the Uniform Civil Code (UCC) can help Muslim women who are looking for justice but are too scared to speak up. Societal interference will be minimised and each citizen will get equal treatment before the law. ------ Amana Begam Ansari is a columnist, writer, and TV News Panellist. She also runs a weekly YouTube show called ‘India This Week by Amana and Khalid’. Views are personal. (Edited by Humra Laeeq) Source: Madras High Court Making Khula Valid Isn’t Enough without Codifying Muslim Personal Law URL: https://newageislam.com/islam-women-feminism/islamic-clergy-interpretation-sharia-gender/d/129089 New Age Islam, Islam Online, Islamic Website, African Muslim News, Arab World News, South Asia News, Indian Muslim News, World Muslim News, Women in Islam, Islamic Feminism, Arab Women, Women In Arab, Islamophobia in America, Muslim Women in West, Islam Women and Feminism