Muslim women are in the process of rediscovering themselves through education. It's on account of this that they have begun asserting their identity and independence.But while the debate over subjects like the hijab and the naqab will go on, no other social problem, arguably, continues to subjugate these women other than that of the misuse of the various modes of divorce.
Whether it is talaq a form in which the husband “pronounces“ the divorce or khula, considered a women's right and which needs no consent from the husband, the scenario remains grim. Educated or otherwise, women continue to face harassment by husbands.
Many members of the All India Muslim Personal Law Board (AIMPLB), a pan-India mammoth body comprising well meaning scholars of Islam and others, which has entrusted itself with the duty to “protect the Muslim personal law“, say that several steps have been taken to deal with this misuse.
One of these being the setting up of arbitration centres called the Darul Qaza. And in cases where it was not set up by the board, its members, who are equipped with the requisite knowledge of Islamic law, have given those who have established them a green signal. These centres use the Quran and the tradition of the prophet to what its administration, again comprising scholars of Islam, call “trying to settle disputes amicably“. On an average, around 75 per cent of cases at the Darul Qaza in Hyderabad that are brought for arbitration are marital issues, primarily pertaining to the issues of talaq and khula. However, a large number go unreported.
Worried members of the AIMPLB admit that despite sustained efforts, arbitration in most cases has failed.But they seek refuge in the oft repeated argument which seeks to dissociate Islamic law and its implementation. The Darul Qaza cannot force the implementation of law, they say.This is true as the institution has no judicial power. The courts of law deal with the dispensation of justice.
For instance, while the Islamic law provides that maintenance be paid to the ex-wife, there has been little success in this regard as many men refuse to do so. To tackle the issue, lawyers have put forward the suggestion that mehr, or dower, the equivalent of the groom's annual income be paid at the time of marriage. But this has been shot down on various grounds. However, while the scholars do agree that the dower must be paid in accordance with the man's “capacity“, seldom have objections been raised against those who pay less than what they are “capable“ of. While Islamic law provides that women are entitled to seeking khula, which involves the forfeiture of the mehr, there have been many cases in which men have left them hanging for years together, often going back on the agreed upon solution taken at the Darul Qaza. “We can only do so much,“ is another oft repeated assertion.
Another problem is that the Darul Qaza in Hyderabad does not have a permanent expert on family law. This is not the case in other cities such as Mumbai which has lawyers of the Supreme Court and noted women's rights activists on board.
Those within and outside the Muslim Personal Law Board point out the need for a larger representation of women. The numbers show that of the over 50 members of the working committee, only five are women. This seems to a marginal “improvement“ as there were only two earlier.
And as if the suffering of women by the hands of their current or former husbands were not enough, there has been a baseless allegation levelled against them by many men and surprisingly, some women as well.
That the divorce rate among Muslims has increased due to the fact that many women have taken to education and as a result have become independent. It is when parochial views such as this are being expressed that a question can be asked: can men stop being patriarchial and brace up for a change?
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