File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Muslim Law and Gender Justice

Throughout the course of Muslim personal law, the principles of gender equity have been the topic of a substantial amount of debate and discussion. Despite the fact that Islamic law respects the values of equality and justice for all persons, there have been numerous conflicts about the interpretation and execution of these principles, particularly in relation to the rights of women.

This is especially true in the context of Islamic law. With a particular emphasis on major topics like marriage, divorce, inheritance, and maintenance, the purpose of this article is to investigate the notion of gender justice within the framework of Muslim law. Specifically, the essay will focus on these areas. As an additional point of interest, this article investigates significant case laws that have had an impact on the discourse on gender justice within the Muslim community. The importance of these case laws cannot be overstated.

The Legal Right to Get Married When a man and a woman are married, according to Islamic law, they are believed to be entering into a holy contract with one another if they are married. With regard to the structure of this partnership, it is essential to take into consideration the fact that both parties are entitled to specific rights and responsibilities. The acceptance of the Muslim woman is one of the most significant needs that must be reached immediately in order for a marriage contract to be considered genuine. This is one of the requirements that must be met.

Women who are Muslim are not subject to any pressure or coercion to get into marriage because of their faith. They are free to do so without fear of being forced to do so. In both the Hadith and the Quran, there is a large amount of emphasis placed on the necessity of love, respect, and compassion between partners in a relationship. It is crucial to keep in mind that the woman and the husband are both required to perform their commitments toward one another in respect to the relationship. This is something that everyone should keep in mind.

The case of Shayara Bano vs. Union of India (2017) is taken into consideration within the area of case law.

The ruling that the practice of triple talaq, which is also known as Talaq-e-Biddat, is unlawful was delivered by the Supreme Court of India in a judgment that is considered to be a watershed in the country's legal history. The court came to the conclusion that the practice ran counter to the fundamental rights of Muslim women, and as a consequence, it was judged to be in violation of the law. In its decision, the Supreme Court came to the conclusion that the practice of Triple Talaq was not only discriminatory and arbitrary, but it also did not guarantee sufficient rights to women because it prohibited their husbands from ending their marriages on their own accord.

The court arrived at this conclusion for a number of reasons, and this was one of such grounds. Not only was the ruling hailed as a significant success, but it was also seen as a significant achievement for the advancement of gender justice and women's rights legislation in India.

However, the procedure and conditions for divorce may differ from one jurisdiction to another and from one interpretation of Islamic law to another. Muslim women also have rights in the event that they are divorced; however, these rights may be subject to variation. To put it another way, the rights to divorce do not consistently apply everywhere. There are a number of countries, including India, in which Muslim women have the legal right to seek for divorce using legal procedures such as talaq, khula, and mubarak. This is the case in India. Under specific conditions, Muslim women are granted the power to terminate their marriages through the completion of several legal processes.

The Supreme Court of India heard the case that was titled "Danial Latifi vs. Union of India" in the year 2001.
Within the context of this significant verdict, the Supreme Court of India reaffirmed the rights of Muslim women to make a claim for maintenance from their spouses following the conclusion of the divorce processes between them and their spouses. The court reached the judgment that Muslim women have the right to receive financial support from their husbands both throughout the course of their marriage and after the divorce. This determination was made both during and after the divorce. Specifically, this verdict sheds light on the notion of gender justice and equality within the framework of Islamic law.

The right of Muslim women to inherit property from their parents, spouses, and other relatives, among other relatives, is a fundamental concept of Islamic law. They are also allowed to inherit property from other relatives. In addition to this privilege, it is also extended to other female relatives who are related to the individual. In both the Quran and the Hadith, there are certain criteria that are provided for the distribution of the wealth of the deceased person among their rightful successors. These requirements are outlined in the following manner. In order to determine how the wealth is distributed, several factors are used. It is certain that women will receive the inheritance that is truly theirs if these ideas are put into practice.

On the subject of Pathumma, Khadeeja was the subject of a judgment that was reached in the year 1970.
The High Court of Kerala ruled in this particular case that Muslim women have the right to inherit property from their parents, spouses, and other relatives, and that this right cannot be curtailed or decreased by custom or practice. This decision was made in the context of a specific case.

The court made the observation that this freedom cannot be limited or diminished in any way. After taking into account the particulars of the circumstance, this decision was arrived at. The court stressed that Muslim women are entitled to their proper portion of the wealth of the deceased, as stipulated by Islamic law. This is a requirement that must be addressed. The court was made aware of this information about the situation.

In accordance with Islamic law, wives who are married to Muslims have the legal right to receive financial support from their husbands, particularly during the course of their marriage and after the divorce has been finalized. As far as young Muslim women are concerned, the significance of this right cannot be emphasized. A significant amount of emphasis is placed, in both the Quran and the Hadith, on the idea that it is the role of the husband to provide for his wife and family with financial support. Some of the obligations that are included in this category include the provision of financial assistance, shelter, and other essentials that are necessary to individuals.

It is feasible to get at the conclusion that gender justice is an essential component of Islamic law and jurisprudence, and that it is founded on the values of equality, justice, and fairness. This is a conclusion that may be reached. Within the Muslim community, there has been some progress achieved in recent years to increase women's rights; nevertheless, there is still a great deal of work that needs to be done in order to resolve gender inequalities and promote more equity and justice for women.

Despite this, there has been development made. Despite the fact that there has been progress achieved, this continued to remain the case. If we have a knowledge of the legal rights of Muslim women and if we advocate for reforms in places where they are essential, we will be able to contribute toward the construction of a society that is more just and equal for everyone. It is possible for us to strive toward achieving this goal.

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers

Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


How To File For Mutual Divorce In Delhi


How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage


It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media


One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...


The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...


The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...


Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online

File caveat In Supreme Court Instantly