It seems that Indian Muslim women — admittedly, not all — are on the fast track. Thanks mainly to awareness owing to education. Though still grappling with the travails of a ghettoised past, these women are trying to balance the challenges of modernity with the demands of tradition. The change is gradual, cautious but sure.A study by the Friends for Education shows that the Muslim girls’ result is better than that of the boys in the school board examinations. Not only are they breaking out of their cloisters, they are even demanding their rights — both Quranic and social. Islamic scripture has it that it is the duty of every Muslim man and woman to attain knowledge equally. At the time of Prophet Mohammed, women were exhorted to act as Imams and lead the congregational prayers. He never tired of repeating, “A Muslim must not hate his wife and if he be displeased with one quality in her, let him be pleased with another that is good”. And “Paradise lies at the feet of the mother.”There have been some landmark judgments in the past for ameliorating the lot of the Muslim women like the one a couple of years ago by the Mumbai High Court. In that historic judgment a full bench comprising justices B.H. Marllapalle, N.V. Dabholkar and N.H. Patil stated that the divorce between a Muslim couple will now have to be convincingly proved in a court of law under the Indian Evidence Act. Earlier, the same Mumbai High Court through its two-judge bench of justices A.B. Sawant and T.K. Chandrashekhar, declared yet another landmark judgment after it asked the defendant Fakhruddin Mubarak to provide maintenance to his divorced wife Zaitunbi till she was in iddat, that is, till she was to get remarried. Things are changing, but, of course, it will take time.In Indonesia, Pakistan and Turkey, laws have been made that if a person wishes to remarry, he has to take the permission of the court. Even in Malaysia, Kuwait and Saudi Arabia now, Muslim women have challenged the orthodox society by taking to modern education in spite of following strict sexual segregation. They may be veiled, but they go to the university.Because of the increasing incidents of polygamy, the Islamic court of Dar-ul-Qaza has laid down the condition that polygamy will be allowed only if a person shows sufficient cause for it and satisfies the authorities that he will be able to bear the additional economic burden and will not divorce her or thereby injure his health. Otherwise his marriage can be annuled.Muslims must mobilise themselves to find solutions to these problems that afflict them. First, the lack of education that exists in a much higher percentage than is found in other communities. And second, the discriminatory treatment of women in the application of Muslim personal laws. But this does not mean toeing the line of the Muslim Personal Law Board, a platform of opportunistic and lip-serving people! The fault lies in the lop-sided and erroneous interpretation of personal laws and iniquitous and one-sided provisions in civil laws. The Muslim Personal Law Board, though not having any following among Muslims, about a year ago considered some drastic changes in matters pertaining to Muslim marriages and talaq (divorce) in a single sitting, mehr and polygamy. These deliberations were in vain as the orthodox members overpowered the ones with enlightened views. A new nikahnaama (marriage contract) was to be framed where both husband and wife were to sign that no separation would take place by announcement of triple talaq in one sitting. In this new contract, the bridegroom was supposed to sign a clear undertaking that if for some reason he had to resort to separation, he had to do so over three sittngs spread over a period of three menstrual cycles, as is also the diktat in the Shariah (Muslim law). But as was expected, the goods never got delivered on account of those with bigoted and myopic views on the subject.The time has come for Muslims to think of uplifting their womenfolk by providing what is mentioned in their holy scripture and responding to the need of the hour. The anti-clockwise attitude of Indian Muslims has actually taken away from their women the rights that the Quran has granted them.
