Advances in Social Science, Education and Humanities Research, volume 162 International Conference on Law and Justice (ICLJ 2017) Muslim Personal Law And Gender Equality Concerns In India Saadiya Faculty of Law, Jamia Millia Islamia, New Delhi-25, India.
[email protected] Abstract—Personal laws are mired with controversies on hands of judiciary which in its hypocrisy has treated the questions of gender equality. In India, where each community is Muslim personal law as untouchable, at the same time governed by its own sets of personal laws, Muslim Personal Law, reforming other minority/majority personal laws. This paper is especially, is perceived to further gender inequality. This paper a small attempt of analysing the Muslim personal law in India analyses such gender inequality concerns about the Muslim personal addressing the gender inequality issues, viewing the same with laws in context of property rights and right of dissolution of the lens of usul- ul fiqh. The scope of this paper is restricted to marriage. This paper argues that gender inequality in India stems gender equality concerns only with respect to property rights from deep rooted cultural patriarchy without having any religious and the right of dissolution of marriage. 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 II. MUSLIM PERSONAL LAW AND GENDER EQUALITY they do not assert the rights guaranteed to them by Islam. Lack of CONCERNS IN INDIA. knowledge of usul-ul-fiqh perpetuates the prevalent popular The subject of Muslim Personal Law in India poses unique misconception of Muslim personal law as being oppressive to woman challenges keeping in mind the legal framework and the when in reality it gives them equal rights.