This article was written by Pradumn Nigam of University of Lucknow, an intern under Legal Vidhiya
INTRODUCTION
This research article is about “The Advocacy Rights of Muslim Women”. 24% of Muslims in the world
About 1.8 billion people. An important part of all religions is marriage to have children. It is well known that in Muslim societies, marriage is not sacred, but merely a social contract. Divorce is common in Muslim societies as marriage is not sacred in Muslim societies.[1]
In this research article, we will find a lot of research on divorce and its consequences in Muslim marriages and the role of husbands in supporting their wives after divorce.
In this research article, we will examine some cases regarding the treatment of Muslim women in India and around the world. and will try to identify the problems and find solutions.
Key Words—Triple Talaq, Divorce, Islamic Society, Contract, Relationship, Population, Society, Article, Solutions, Equal Rights to Women.
BACKGROUND
We know that our research article is about the rights of Muslim women. Muslim communities are known to be polygamous by nature, so the number of women coming and leaving will be high.
Therefore, the husband must look after the divorced woman and her children until the woman remarries. As we know, according to the Quran, men have more rights than women in Islamic society. Many Indian court cases have shown that many custody disputes originate from Muslim women. Due to polygamy in Muslim society, the new marriages and divorces are common. And union government must review the laws on all future changing trends in marriages.[2]
INTRODUCTION
This article is about the rights of Muslim women.
Nikah (marriage) is an Arabic word, which means marriage or a social contract.[3] There are certain conditions for a legal Muslim marriage such as Mehr, consent, recognition, and witnessing. The main purpose of marriage or marriage is to have children. One of the reasons is that it is for entertainment purposes. In this research article, we will look at the different issues raised by various Indian courts regarding the maintenance of women and try to draw some realistic solutions from these issues.[4]
CONCEPT OF NIKAH
Nikah or Marriage in Muslim society is not holy but a social contract. Nikah is done for producing more children in the Muslim world and balancing population. Nikah can be said to be a social contract forming an alliance between male and female, for procreation. There are some conditions for a valid nikah, which are proposal, acceptance of the proposal, free consent, two or more witnesses during nikah, and in the last capacity of the husband to do nikah.[5]
RIGHTS OF MUSLIM WOMEN DURING AND AFTER DIVORCE
Muslim women have some rights during divorces, which include the right to claim for maintenance till the iddat period is not over, But the section 3 of Indian Protection of Rights on divorce act states that Muslim women can claim maintenance even after the iddat period is over until she remarries. The Muslim woman also has the right to take her Mehr after her husband’s death or in case of divorce. Muslim women have legal Acts in legal books of India like the Muslim Women Protection of Rights on Divorce Act 1986, And Muslim Women Protection of Rights on Marriage Act 2019. Section 125 of the criminal procedure code (Cr.P.C) regarding the maintenance of wives.[6]
ISSUE ON THE TOPIC
The issue of maintenance rights of Muslim women is a complex and sensitive topic that has been a subject of debate and discussion in many countries with significant Muslim populations. Maintenance, in this context, refers to the financial support that a husband is obligated to provide to his wife during the marriage and in the event of divorce or separation.
In many Islamic societies, the concept of maintenance is seen as a fundamental aspect of marriage and a way of ensuring the financial security of the wife. However, the extent and nature of these rights can vary depending on the interpretation of Islamic law and the cultural norms of a particular society.
Some Muslim women’s rights advocates argue that current laws and practices often fail to adequately protect the maintenance rights of women, leaving them vulnerable to economic hardship in the event of divorce or separation. They may call for reforms in the legal system to provide better protection and enforcement of these rights.
On the other hand, some traditionalists may argue that the current laws and practices are sufficient and that any attempts to change them would be a departure from Islamic tradition.
It is important to note that the issue of maintenance rights of Muslim women is not a monolithic one, and there may be significant differences in opinion among Muslim communities and scholars. Ultimately, any efforts to address this issue must take into account the diverse perspectives and experiences of Muslim women and aim to promote gender equality and justice within the framework of Islamic principles.
RESEARCH QUESTIONS / SOME CASE LAWS
Case1-
Mohd. Ahmed Khan vs. Shah Bano Begum and Ors… [1985] SCR [3] 844
This case concerned a husband named Mohd. Ahmed and his wife Shah Bano Begum, a lawyer by profession. Both married 60 years ago and have three sons and two daughters. After 60 years, Mohd. Ahmed broke off her relationship with her wife and a few years later she claimed in court that she was unable to receive the Rs 200 monthly health benefits guaranteed to her from her husband and demanded Rs 500 per person. month as a new maintenance allowance.
The document contradicts section 125 of Cr.P.C 2 1974, which asks whether previously divorced women can claim alimony after the iddat period has expired.
However, the court ruled that, Mohd. Ahmed must provide for his wife maintenance, because by human nature, the husband has a moral duty to provide for his divorced wife when she is unable to care for him. The court said that section 125[3] of the criminal procedure code applies to Muslim women too. As a result, it was decided that the land could accused husband demand will pay that women pay alimony under Article 125 of the Criminal Code.[7]
The research question here is,
Can women not ask for pocket money alimony after the iddat period in a society where their education is not supported, and they are encouraged to work at home?
→ In this case, the court decided that it was a moral duty for the husband to provide financial support to the divorced woman if she was unable to earn a living.
Case2-
Danial Latif and Other vs Union of India [2001]7SCC740
Danial Latifi, Shah Bano, and The In 1985, the Ahmed case said that the decision violated the personality rights of Muslims and that the decision on the payment of alimony was made after the end of the iddah period. This is a rule of secularism in Muslim society. Courts are trying to enforce laws that other religions have to follow, but now they want to obey Muslims as well.
The court violated the rights of Muslim husbands under Articles 14, 15, 21 of the Indian Constitution.
However, the courts have expressed their views that no community is bigger or smaller than the other in eyes of law, that if the woman cannot make a living, everyone should obey the law, and that it is the moral duty of the husband to provide alimony. Yes. provide divorced women alimony, when she is unable to maintain themselves. The court stated that Muslim women have the right to claim of maintenance under criminal procedure code section 125. Moreover, the court also stated that The Muslim Women Protection of Rights on Divorce, Act 1986 also states that a husband is bound to maintain his wife after divorce.[8]
Research question here Is it necessary to follow the old customs of the 1400s after 2023 and are the old customs valid today?
→ Danial Latifi – In the Indian Union case, the court ruled that all citizens of religion in India are legally equal and that no one should be endorsed on the grounds of their ancient religious traditions, whatever the situation.
Case3-
Shayara Bano – vs Union of India [2017] 9SCC1
This case covers triple talaq. The appellant filed a triple talaq (divorce) case against her husband after 15 years of marriage. The claimant is a survivor of prolonged torture and misbehaving by husband family. So, she sued for triple talaq, halal, and many other illegal practices in the Muslim community.
These immoral practices violate the fundamental rights of Muslim women under Articles 14, 15, 21, 25. The All-India Muslim Civil Rights Committee (AIMPLB) resists the order of intervention in the Muslim religion. The petitioner said that while Talaq Ahsan and Talaq Hasan are recognized by the Qur’an, Talaq Biddat is not recognized by the Qur’an and Hadith.
The court ruled by a 3-2 majority that triple talaq was unconstitutional and violated the fundamental rights of Muslim women. And hence Muslim Women’s Protection of Rights on Marriage Bill,2019 was passed.[9]
Research question arises, are decisions are made by organizations where Muslim by majority men where women’s are in minority women like the All-India Muslim Personal Law Board (AIMPLB)?
→ In Shayara Bano v Union of India, the court banned triple talaq. But isn’t it the moral duty of the Union of India and organizations like Bhartiya Muslim Mahlia Andolan (BMMA) to come on bigger platform like AIMPLB and help government make laws helpful to Muslim women’s.
SOLUTION/ SUGGESTION
There are several steps that can be taken to ensure the maintenance rights of Muslim women in India:
- Implementing the Muslim Women (Protection of Rights on Marriage) Act, 2019: This act provides Muslim women the right to maintenance, custody of children and the right to seek legal action against the husband in case of any violation of these rights.
- Creating awareness among Muslim women: It is important to create awareness among Muslim women about their rights, so that they are aware of their entitlements and can assert them.
- Empowering Muslim women economically: One of the reasons that Muslim women face difficulty in asserting their maintenance rights is their lack of financial independence. Therefore, empowering Muslim women economically through education and training can go a long way in ensuring their maintenance rights.
- Strengthening the legal system: It is important to strengthen the legal system to ensure that Muslim women are able to access justice quickly and effectively. This can be achieved by increasing the number of courts and legal aid clinics, and by providing training to lawyers and judges on the rights of Muslim women.
- Encouraging alternative dispute resolution mechanisms: Encouraging alternative dispute resolution mechanisms such as mediation and arbitration can help resolve disputes between Muslim women and their husbands quickly and efficiently.
- Providing support to Muslim women: Providing support to Muslim women who are facing financial and other difficulties can also help ensure that they are able to assert their maintenance rights.
- Overall, it is important to recognize that the maintenance rights of Muslim women are a critical issue and steps need to be taken to ensure that they are able to assert these rights effectively.
CONCLUSION
From the above research, we accepted the validated research questions which are genuine and are to be in our day-to-day life.
The enforcement of women’s rights in Muslim society exists only because women’s are weak in nature, this stereotype is killing women’s right in 21st century. It is the moral duty of the state and the rest of society to examine old bad practices in religions and try to correct them with new beneficial laws.[10] And give all genders equal rights.
REFERENCES
1. https://blog.ipleaders.in/marriage-under-muslim-law/
2. https://www.scobserver.in/cases/shayara-bano-union-india-triple-talaq-case-background/
4. https://pib.gov.in/FactsheetDetails.
[1] Marriage Under Muslim Law: Nikah – Explained (lawyersclubindia.com)
[2] Marriage under Muslim Law: All you need to know (ipleaders.in)
[3] https://www.bing.com/search?q=meaning+of+nikah+in+arab+world&form=ANNTH1&refig=2cbf2416451d48f0b6343e915b5a16b4
[4] What are Muslim women’s options in religious divorce? – ABC Religion & Ethics
[5] Marriage under Muslim Law: All you need to know (ipleaders.in)
[6] Maintenance under Section125 Cr.P.C. (bnblegal.com)
[7] Case Summary: Mohd. Ahmed Khan vs. Shah Bano Begum – LawLex.Org
[8] Danial Latifi v. Union Of India: a critical analysis – ipleaders
[9] Shayara Bano vs Union of India – Triple Talaq – Case Summary – Law Times Journal
[10] Women in Islam – Wikipedia
