Family Law and Gender Justice: A Statutory Analysis & Case Study

Abstract

Many a times Indian women are not aware of their legal rights and many times their legal rights are not protected as described in the laws. But if a woman in India is bent on getting justice and protection of her rights then Indian laws permit to get her justice and protection through laws, administration and if need be the judiciary. But in practice it is observed that Indian women do not usually take advantage of these laws to her benefit to protect her rights. Marriage is a religious duty of every Muslim and it is considered to be a moral safeguard and a social need. The Prophet has also said “Marriage is my tradition whosoever keeps away there from is not from amongst me.”

Unlike Hindu where the marriage is a sacrament, marriages in Muslims have a nature of civil contract. Marriage is necessary for the legitimization of a child. When the marriage is done in accordance to the prescribed norms it creates various rights and obligations on both the parties. It appears that Islamic law of marriage and divorce is not identical to the man made laws which are changed by man himself moment after moment. It is evident that the position of man and woman in the social set up of the community, is equal in every respect, but keeping in view the mindset of both the genders, Islam segregates the rights, duties and functions of both the gender and then declares their status with regard to family matters.

Keywords: family law, gender justice, Hindu law, India