Mohammad’s battle for Rubina and Fauzia

Muslim women in India are also handicapped owing to the dictates of Muslim Personal Law that is not scriptural in nature and the conservative ulema who have interpreted them in a very orthodox manner. Shariat Law that came into being during the time of the British in 1937, is outdated. At the time of Prophet Mohammed, women were exhorted to act as Imams and lead congregational prayers.

One has heard Muslim men casting the decree of talaq on matters like the favourite dish, the colour of the suit worn by women or simply sharing the responsibility to look after a small child. Talaq-e-Bidat is the one that is ordained in one sitting. Talaq-e-Sharia is the one that aims at spacing the entire process over a period of three months. It is Talaq-e-Bidat that has been the real culprit behind breaking of many families.

Prophet Mohammed abhorred divorce. Even a Muslim can seek divorce from her husband, nevertheless such cases are far and few. Firstly, through mutual agreement between husband and wife which is known as Khulaa, and secondly, through a court of law. It will be seen that the wife is not at liberty as the husband to get herself released by an outright declaration of divorce. If her husband refuses to grant her divorce, she can go to a law court and obtain a decree in her favour.

This may seem to place her at a disadvantage in comparison to her husband, and this may be asserted that this implies the inequality of rights, as between husband and wife. Here, actually the intervention of the State in the matter is a device for the fuller protection of her rights. Islam has unreservedly condemned men and women who use their legal rights of divorce on any except legitimate grounds and in absolutely unbearable conditions.

In Indonesia, Pakistan and Turkey, laws have been made that if a person wants to remarry, he has to take the permission from the court. The All India Muslim Personal Law Board is in favour of laying down the condition for remarrying that the permission of the first wife should be a must.

The votaries for polygamy in the Board feel that such a condition should not be laid as the first wife will never permit her husband to go in for a second one! They are the hypocritical ones who feel that this will be a direct intervention in Sharia laws.

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 or not subsequently divorce. Otherwise his marriage can be annulled.

Quite interestingly, rights of women in Islam are umpteen as we see in the notable reforms effected out by Prophet Mohammed. It is high time that Islamic laws are interpreted and understood in the right perspective.