Muslim Law and Gender Justice
Throughout the course of Muslim personal law, the principles of gender equity
have been the topic of a substantial amount of debate and discussion. Despite
the fact that Islamic law respects the values of equality and justice for all
persons, there have been numerous conflicts about the interpretation and
execution of these principles, particularly in relation to the rights of women.
This is especially true in the context of Islamic law. With a particular
emphasis on major topics like marriage, divorce, inheritance, and maintenance,
the purpose of this article is to investigate the notion of gender justice
within the framework of Muslim law. Specifically, the essay will focus on these
areas. As an additional point of interest, this article investigates significant
case laws that have had an impact on the discourse on gender justice within the
Muslim community. The importance of these case laws cannot be overstated.
The Legal Right to Get Married When a man and a woman are married, according to
Islamic law, they are believed to be entering into a holy contract with one
another if they are married. With regard to the structure of this partnership,
it is essential to take into consideration the fact that both parties are
entitled to specific rights and responsibilities. The acceptance of the Muslim
woman is one of the most significant needs that must be reached immediately in
order for a marriage contract to be considered genuine. This is one of the
requirements that must be met.
Women who are Muslim are not subject to any pressure or coercion to get into
marriage because of their faith. They are free to do so without fear of being
forced to do so. In both the Hadith and the Quran, there is a large amount of
emphasis placed on the necessity of love, respect, and compassion between
partners in a relationship. It is crucial to keep in mind that the woman and the
husband are both required to perform their commitments toward one another in
respect to the relationship. This is something that everyone should keep in
mind.
The case of Shayara Bano vs. Union of India (2017) is taken into consideration
within the area of case law.
The ruling that the practice of triple talaq, which is also known as
Talaq-e-Biddat, is unlawful was delivered by the Supreme Court of India in a
judgment that is considered to be a watershed in the country's legal history.
The court came to the conclusion that the practice ran counter to the
fundamental rights of Muslim women, and as a consequence, it was judged to be in
violation of the law. In its decision, the Supreme Court came to the conclusion
that the practice of Triple Talaq was not only discriminatory and arbitrary, but
it also did not guarantee sufficient rights to women because it prohibited their
husbands from ending their marriages on their own accord.
The court arrived at this conclusion for a number of reasons, and this was one
of such grounds. Not only was the ruling hailed as a significant success, but it
was also seen as a significant achievement for the advancement of gender justice
and women's rights legislation in India.
However, the procedure and conditions for divorce may differ from one
jurisdiction to another and from one interpretation of Islamic law to another.
Muslim women also have rights in the event that they are divorced; however,
these rights may be subject to variation. To put it another way, the rights to
divorce do not consistently apply everywhere. There are a number of countries,
including India, in which Muslim women have the legal right to seek for divorce
using legal procedures such as talaq, khula, and mubarak. This is the case in
India. Under specific conditions, Muslim women are granted the power to
terminate their marriages through the completion of several legal processes.
The Supreme Court of India heard the case that was titled "Danial Latifi vs.
Union of India" in the year 2001.
Within the context of this significant verdict, the Supreme Court of India
reaffirmed the rights of Muslim women to make a claim for maintenance from their
spouses following the conclusion of the divorce processes between them and their
spouses. The court reached the judgment that Muslim women have the right to
receive financial support from their husbands both throughout the course of
their marriage and after the divorce. This determination was made both during
and after the divorce. Specifically, this verdict sheds light on the notion of
gender justice and equality within the framework of Islamic law.
The right of Muslim women to inherit property from their parents, spouses, and
other relatives, among other relatives, is a fundamental concept of Islamic law.
They are also allowed to inherit property from other relatives. In addition to
this privilege, it is also extended to other female relatives who are related to
the individual. In both the Quran and the Hadith, there are certain criteria
that are provided for the distribution of the wealth of the deceased person
among their rightful successors. These requirements are outlined in the
following manner. In order to determine how the wealth is distributed, several
factors are used. It is certain that women will receive the inheritance that is
truly theirs if these ideas are put into practice.
On the subject of Pathumma, Khadeeja was the subject of a judgment that was
reached in the year 1970.
The High Court of Kerala ruled in this particular case that Muslim women have
the right to inherit property from their parents, spouses, and other relatives,
and that this right cannot be curtailed or decreased by custom or practice. This
decision was made in the context of a specific case.
The court made the observation that this freedom cannot be limited or diminished
in any way. After taking into account the particulars of the circumstance, this
decision was arrived at. The court stressed that Muslim women are entitled to
their proper portion of the wealth of the deceased, as stipulated by Islamic
law. This is a requirement that must be addressed. The court was made aware of
this information about the situation.
In accordance with Islamic law, wives who are married to Muslims have the legal
right to receive financial support from their husbands, particularly during the
course of their marriage and after the divorce has been finalized. As far as
young Muslim women are concerned, the significance of this right cannot be
emphasized. A significant amount of emphasis is placed, in both the Quran and
the Hadith, on the idea that it is the role of the husband to provide for his
wife and family with financial support. Some of the obligations that are
included in this category include the provision of financial assistance,
shelter, and other essentials that are necessary to individuals.
It is feasible to get at the conclusion that gender justice is an essential
component of Islamic law and jurisprudence, and that it is founded on the values
of equality, justice, and fairness. This is a conclusion that may be reached.
Within the Muslim community, there has been some progress achieved in recent
years to increase women's rights; nevertheless, there is still a great deal of
work that needs to be done in order to resolve gender inequalities and promote
more equity and justice for women.
Despite this, there has been development made. Despite the fact that there has
been progress achieved, this continued to remain the case. If we have a
knowledge of the legal rights of Muslim women and if we advocate for reforms in
places where they are essential, we will be able to contribute toward the
construction of a society that is more just and equal for everyone. It is
possible for us to strive toward achieving this goal.
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