Muslim Personal Law and Gender Equality Concerns in India
Advances in Social Science, Education and Humanities Research, Volume 162, International Conference on Law and Justice (ICLJ 2017) doi. 10.2991/iclj-17.2018.2
5 Pages Posted: 3 May 2018
Date Written: April 17, 2018
Personal laws are mired with controversies on questions of gender equality. In India, where each community is governed by its own sets of personal laws, Muslim Personal Law, especially, is perceived to further gender inequality. This paper analyses such gender inequality concerns about the Muslim personal laws in context of property rights and right of dissolution of marriage. This paper argues that gender inequality in India stems from deep rooted cultural patriarchy without having any religious backing and such inequality is further endorsed by discriminatory laws. This paper argues that the despicable condition of Muslim women in India is due to ignorance of usul-ul-fiqh because of which they do not assert the rights guaranteed to them by Islam. Lack of knowledge of usul-ul-fiqh perpetuates the prevalent popular misconception of Muslim personal law as being oppressive to woman when in reality it gives them equal rights.
Keywords: Muslim personal law, India, Gender equality, Islam
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