Rights of Muslim Woman with Special Reference to Matrimonial Causes - A Human Rights Perspective

Abstract

Shari’a Law is applicable to Muslims in India in their personal affairs; however, it has always been subjected to severe criticism for its treatment to woman. It has been argued that, the polygamy allowed to a Muslim male, unilateral divorce by husband, belittled share to a woman in the ancestral property as compare to male, evidentiary value of a female as a witness, etc. are discriminatory and violative of Human Rights. This paper analyses the principles of Shari’at Law relating to Matrimonial Causes in the light of Human Rights. This paper suggests that, the criticism against Shari’a Law is mainly due to lack of proper understanding and interpretations of Holy Qur’an and Hadith. The perception of Shari’a Law based on social practices or the views of religious heads leading to improper interpretation of Qura’nic Verses is responsible for such understanding about Shari’at Law. This paper concludes that, Shari’a Law does not violate Human Rights of woman; rather it is developed with an objective to enhance the status of woman. It ensures a better status to a woman as compared to other Personal Laws.

Keywords: Sharia Law, Rights of Muslim Women, Muslim Personal Law, Muslim marriage, Triple-Talaq, Polygamy