| PROBLEMS OF MUSLIM WOMEN IN INDIA Edited by Asghar Ali Engineer 8 Orient LongmanUNIVERSITATS- UND STADT- BIBLIOTHER KOLN ORIENT LONGMAN LIMITED Registered Office 3-6-272 Himayatnagar, Hyderabad 500 029, Other Offices Kamani Marg, Ballard Estate, Bombay 400 038 17 Chittaranjan Avenue, Calcutta 700 072 160 Anna Salai, Madras 600 002 1/24 Asaf Ali Road, New Delhi 110 002 80/1 Mahatma Gandhi Road, Bangalore 560 001 365 Shahid Nagar, Bhubaneshwar 751 007 AI/3\6 *Gour Mohan’, Ambady Lane, Chittoor Road, Emakulam 682 01 S.C. Goswami Road, Panbazar, Guwahati 781 001 3-6-272 Himayatnagar, Hyderabad 500 029 28/31, 15 Ashok Marg, Lucknow 226 001 City Centre Ashok, Govind Mitra Road, Patna 800 004 Orient Longman Limited, 1995 LER 90 Se ol ga ISBN 81 250.0359 .2 . Phototypeset by ‘Trendz Phototypesetters, Bombay 400 001 Printed in India at Hi-Tech Printing Services, Bombay 400 010 Published by Oricnt Longman Ltd., Kamani Marg, Bombay 400 038, AC \ AS? O Loum dLContents INTRODUCTION A. A. Engineer Islam — The Status of Women and Social Change A. A, Engineer Need for Change in the Muslim Personal Law Relating, to Divorce in India R. Baxamusa Divorce in Indian Islam Sherebanu Malik Muslim Women’s Right to Inheritance Zenab Banu Women and the Dawoodi Bohra Reform Movement: An Overview with a Case History K. Mistry The Process of Modernization in India and the Changing Status of Muslim Women Sushila Jain Muslim Women and Higher Education: A Case Study of Hyderabad d Mehdi Hussain Social Change among the Muslims of Aurangabad City Masood Ali Khan Muslim Women’s Perception of Status Issues Affecting them Muniza Rafiq Khan ‘The Child Bride Ameena: A Critique Abida Samiuddin ‘The Shah Bano Controversy and the Challenges faced by Women’s Movement in India Vibhuti Patel Improvement in the Economic Conditions of Muslim Women in India - Some Thoughts Farida Hussain Fertility and Family Planning among Muslims in India Malika Mistry Problems of Muslim Women: An Activist’s Perspective Razia Patel APPENDIX I APPENDIX IL INDEX 34 40 52 rR 89 113 131 140 149 160 175 180, 183 193Note on the Contributors Dr. Zenab Banu is ‘an Assistant Professor in Political Science at the M.L. Sukhadia University, Udaipur. Dr. Ramala Baxamusa is a sociologist and researcher in Muslim Studies at the SNDT University, Bombay. Dr. Asghar Ali Engineer is an authority on Islamic Theology and is at present the Director of the Institute of Islamic Studies, Bombay. Ms. Farida Hussain is a‘free-lance writer and social activist, now in Madras. Dr. Syed Mehdi Hussain is presently at the ICSSR Centre, Osmania University, Hyderabad. Dr. Sushila Jain is currently Associate Professor of Sociology at the University of Rajasthan, Jaipur. Dr. Masood Ali Khan is at the ICSSR, Southern Region, Osmania University, Hyderbad.viii Dr. Muniza Rafiq Khan is alecturer at the Gandhian Institute of Studies, Varanasi. Ms. Sherebanu Malik is a social activist from Deolali. scholar atthe Gokhale Instinue of} ‘Politics Ms. Malika Mistry isa researc and Economics, Pune. cholar and free-lance writer from F. Mistry i: Ratnagiri. a pen-name for tl Ms, Razia Patel is a social worker and also a free-lance writer from Pune. Dr. Vibhuti Patel is an independent researcher from Bombay. a Political Scientist in Women's College, Aligarh, Prof. Abida Samiuddin i Aligarh Muslim UniversProblems of Muslim Women in India An Introduction — Asghar Ali Engineer The Problems of women in general are many and much more so in the case of Muslim women. One might question how the problems of Muslim women differ from those of other women. Some problems are absolutely common whereas others are specific to every religious group. Seen from this angle, Sikh women, Christian women and Jain women face certain problems, which are specific to these religious groups. A Sikh woman, at times, has to marry the brother of her deceased husband to prevent agricultural property from being divided. This is called throwing chadar, A Christian ‘woman, on the other hand, has to face a lot of humiliation while trying to obtain a divorce from her husband as she has to face the charge of adultery. A Jain woman is, sometimes, forced into nunhood at an early age, and a Muslim woman has to face either arbitrary divorce or has to live with a co-wife whether she likes it or not. Hindu women too have to face specific problems like bride buming, child marriage, resist- ance to widow remarriage, etc. ‘Thus, it will be seen that in a male-dominated society, women have to face numerous problems both specific to their religious group and spe- cific to their sex. It is often argued by many feminists that women’s problems are on account of religion, whatever the religion. All religions have given them inferior status and relegated them to a secondary position. Again, this is not the whole truth. In my opinion it is not religion but patriarchy which is the real culprit. Religion per se cannot be blamed for assigning inferior status to women. Religion itself is the end product of patriarchal society and so is male domination. So unless patriarchal values and patriarchal structures are dispensed with, the male attitude towards women will continue to be one of domination.ae on in India Problems of Muslim Women in I Even the communist system failed to do away with patriarchy. 7 Russians were highly patriarchal and despite the socialist ideology |! 7 male-ego remained fiercely dominant. Women in Russia could nev achieve equal status with men. Even wife-beating continued wei though women did get jobs which were out of bounds for them in othe! countries. But that may be more because of the shortage of men than 7 to the communist ideology. Unless we successfully fight patriarchal values we cannot get rid of male domination. It would be appropriate of give an example from the Prophet's time to illustrate this. The Prophet 0} Islam was very favourably inclined to raise women’s status, even a tibute equality, if possible. In ofe instance he allowed a woman the right to retaliate against her husband (.e., to slap him as he slapped her). But, even a man of the Prophet's stature could not have his way in view of the strong patriarchal values prevalent in the society then. Men earned an spent their wealth on their women and children and exercised patriarchal domination. Allah thus allowed men, in view of the social context and Societal values, a slight edge over women, However, the last revelation in respect of women in the holy Quran! is that men and women are equal in the eyes of Allah, Thus, if we consider the two significant verses of the Quran relating t© the social, economic and religious status of women®, it will be seen that the Quran had not been unfair to women and yet we see that the Islamic Shari‘a, formulated by the great Imams (like Abu Hanifa, Hanbal, Malik or Shafai) under the influence of the patriarchal values, assigned women an inferior position to that intended by Allah in his revealed book. However, one can hardly blame the four Imams (and other Shia and Ismaili theologians) for what they thought about women’s status. In the Society they lived in, in all fairess and honesty, they could have hardly thought otherwise. But what is regrettable is that the theologians and faghs (the jurists) are not ready to rethink women's issues even today. Islam and its Prophet have j Provided the Muslims with a dynamic and revolutionary principle of itiliad (creative interpretation) so that they can, in the true spirit of Islamic values, rethink many issues in view of the changed context. But I am not convinced that the rigidity of theological attitudes is applicable only to the Muslim theologians and jurists; it is true of the whole tribe of theologians, whatever the religion they belong to, However, a difference in degree and context must be admitted. Even as the Muslim ‘Ulama refuse to change the Shari'a provisions inAn Introduction xi respect of polygamy, divorce, etc., the Catholic Church refuses to permit abortion. Even in an advanced industrialized country like the United States, the abortion issue often acquires serious proportions of a political controversy. It was an issue in the last presidential election. Those against abortion (termed as pro-life) do not fight shy of using coercion against those supporting abortion. Places where abortions are carried out are attacked. It became a major controversial issue in the US Supreme Court too. In the Republic of Ireland too abortion continues to be illegal. A raped girl who conceived had to obtain leave from the Irish Court to go to London for an abortion. Similarly, in the advanced western countries ordination for women remains an unresolved issue. Recently, the Anglican Church was verti- cally divided on this issue. Though the Church approved of women’s ordination by a wafer-thin majority, it left a great deal of bitterness among those opposed to the measure. The Catholic Church has still not allowed ordination of women. Only some Protestant Churches have approved of it. If there is so much resistance to change in the highly advanced West with respect to women’s issues, one can appreciate the sociological reasons for opposition to change in countries like India. Social change is bound to meet with great resistance in India where there is not so much as 100 per cent functional literacy. let alone advanced education among a substantial majority of the population. ‘Traditions are still very strong. Take child marriage, for example. The state of Rajasthan is notorious for it. Every year thousands of child marriages take place despite a law to the contrary and exposure in the media, Recently when a sathin (a female colleague) belonging to a women’s NGO in Rajasthan objected to a child marriage in her village, she was brutally assaulted and raped by the village notables, and despite painstaking efforts by many women’s organizations, the culprits could not be arrested, let alone punished. Even the campaign in the media did not succeed. A few years ago Rajasthan was dogged with the controversy about a woman called Roop Kunwar who was compelled to commit sati. Justifi- cations for the act of sati were given, and it became a question of prestige and identity for the Rajputs. The Rajput youth came out with swords to guard the place where sati had been committed. The in-laws of Roop Kunwar were arrested but later released on bail. The upsurge of religious revival has created additional problems for women fighting for their place under the sun. All the fundamentalist movements, Hindu,; sn in India xi Problems of Muslim Women in I ion. slim, Si istia ’s emancipati Muslim, Sikh or Christian, frown upon women’s a the The question of the Muslim Personal Law has also ths, who question of Muslim identity in India. Many Muslims, perhaps lak mic joined the Shah Bano movement were more concerned with their I ioe identity than immutable divine laws. Any change in the Muslim Pers in Law is opposed mainly on the grounds of Muslim identity. rae other spheres - not related to male domination - are easier to admit. vil changes do not put the caste or communal identity to such grave Pet However, even slight changes in women-related laws do. | The whole question of change of Muslim Personal Law in In become identity-related. Of course the argument that the Shari as divine is also put forward, though it is not sustainable as the Sharva the both the divine as well as the human component and is mutable 10 in extent that it has the human component. It should also be kept 1" mk that the changes being demanded in Muslim Personal Law are intimate connected with women’s rights - ie., polygamy and divorce. It ih merely coincidental. There was not much resistance when the Britis! scrapped the Islamic c sh too left the Personal hav intact as any change in it was thought to be risky, not only for the Muslim but for all castes and communities. Thus, identities become very central if male privileges are under challenge. The male-dominated values have percolated so widely that even Muslim women relate the question of change in the Personal Law t the question of identity. Muniza Khan, who conducted a survey of 2 educated Muslim women in Benaras found that though these Muslim women resented laws relating to polygamy and triple divorce, they did not favour any change on the grounds of Muslim identity. Muslim women 100 panticipated in the Shah Bano movement in not insignificant numbers {0 protect the Muslim identity. Only those Muslim women committed (0 the concept of sexual equality - a small minority after all - opposed any change in the Criminal Procedure Code to exempt Muslim women from its application, __ The argument here is not that identity is not important. No community in a pluralist society like that of India can sacrifice its religio-cultural identity. However, it should not be hinged on the question of women’s social status. There are a thousand other ways of protecting one’s identity. How can one make women-related issues so vital to the question of identity that no change in women’s status will be admitted at all? If the triple divorce is abolished (it is admitted even by the ‘Ulama that it is aAn Introduction xiii sinful form of divorce) and polygamy is restricted to certain exceptional cases (the Quran has also permitted polygamy with strict conditions and not as a free licence), then how can Muslim identity be endangered? It is true that the triple divorce which is exercised in the most arbitrary manner (thus totally defeating the Quranic intent and spirit) is the cause of misery of many a Muslim woman. Quite a few Muslim women who have been arbitrarily divorced will be found in every major city. The Muslim Women (Protection of rights on divorce) Bill has aggravated their plight as they cannot get any succour from the Wakf Boards who have no money. In many cases even the parents, let alone other relatives, are unable to support them. Often the mehr amount is a pittance - in some cases as little as Rs. 101 or 501. In many cases the divorcees have children too. They really find it very difficult to maintain themselves as well as their children. Although it is beyond the reach of many women to 80 to court, there are hundreds of cases pending in most of the district courts. This is a clear indication of the fact that a large number of women are suffering because of the arbitrary nature of talaq-i-thalatha (tiple divorce, i.e., utterance of the word /alaq thrice in one sitting). The divorced woman has no defence whatsoever. The Quran unambiguously stressed gender justice. It took care of the tights of women in matters of marriage, divorce, property, inheritance, custody of children, etc. Marriage was made into a contract and the bride’s consent was made compulsory. She was also given the right to stipulate any conditions she wanted to. She has been given the right to what is called talaq-i-tafwiz (i.e., delegated right to divorce) whereby she can divorce herself on behalf of her husband. She has also been given the Tight to what is called khula’ i.e., to liberate herself from her husband by retuming the mehr. She need assign no reason for this. It amounts to opting out of the contract. This right is also absolute and she can exercise it at her own will. “As for the right to inherit, she inherits as daughter, wife and mother.Thus, she inherits in three capacities. Of course she gets half of what her brother does but then she neither has to pay dower (on the contrary she receives it), nor has she to maintain herself. She is main- tained by her father (as of right) while unmarried and by her husband after marriage (she is not obliged to give anything of her wealth to her husband who is obliged to maintain her even if she is rich and he is poor). Also, she has the absolute right to property; neither her father nor her husband can claim any part of it unless she gives it of her own accord. As .for. in India xiv Problems of Muslim Women 17 ith cooked food maintenance, her husband is obliged to provide her wi ‘alone), (raw ingredients would not do), sewn clothes (not a piece of cloth ‘. a separate house (if that is not possible a separate room with a her access so that she is not obliged to stay with her in-laws), and a to necessities like toilet items, hair oil, medicines in case of illness, et this is obligatory for the husband. . However, what Islam had given to women, male-dominate has taken away. Except in the case of educated upper class girls, matty is not consulted before marriage. Her father considers it his right [0 any her off according to his choice alone. She can hardly stipulate chr condition. More often than not, she has to accept the customary m rit amount and if this amount is substantially large, only a small portion the is paid and the rest is deferred (which, in some cases, might be paid a! time of divorce or upon the death of her husband). She can hardly exercise her right to khula’. The Hanafi schoo! i deprives her of thi: right. There is no question of ever stipulating or condition for talag-i-tafwiz (delegated right to divorce). On the aple hand she becomes the victim of triple divorce in many cases. y the divorce was strictly prohibited by the holy Prophet and natural Ye Quran does not mention it as it is highly unjust to women. It is, there! fal referred to as taldii-bida (innovated form of divorce) or even as ‘SiN form of divorce.’ Yet, it is most widely practised in India and elsew! nie) This form of tala was prevalent in the jahiliyyah (ie. pre-lslamic period. As the Islamic revolution stressed gender justice, it was abolish ft : But it crept back into the Islamic system in a male-dominated sociely. ‘The Quran has prescribed the procedure of talaq which is very fair “ women, It even prescribes arbitration (the wife appoints one arbiter an the husband the other).The Qaz7 is required to take into account, before giving his verdict.Thus, the Quranic procedure of the raldq is quite fair to women. However, this is never practised. : The right to inheritance of a woman is also observed more often in breach than in practice. During feudal ages agricultural property was never given to a married daughter as it would divide it. Though there is nO concept of primogeniture in the Islamic law of inheritance, it was In Practice among Muslim feudal families. The British made it legal through an enactment and no Muslim theologian protested. It was made optional in Punjab when the ‘Ulama codified the Islamic law and abol- ished customary laws in 1937. Even in non-agricultural properties she hardly ever received her share of inheritance. As Dr, Zainab points out in .d society awoman 1 almostAn Introduction xv her paper (based on a survey in the Udaipur Bohra families), no daughter receives a proper share of her father’s property. The brothers give her a token amount and even when a woman is aware that her brothers have not given her the due share, she refrains from litigation as it would disrupt cordial familial relations. Since in times of crisis women often have to look towards their brothers, they would not like to risk disrupting normal sibling relationships. As for property, movable or immovable, generally very few Muslim women work and eam (though this trend is increasing among educated middle and upper-middle class women). Islam does’ not prohibit them from working at all. The Quran allows her to eam.She is given the right to own property in her own right. Thus, her individuality and her being a legal entity is recognized by Islam. In Islam there is no concept that she has to confine herself to domestic duties alone. In fact, she is not even obliged to suckle her child. If she refuses to do so her husband has to make an alternate arrangement for a wet nurse. This clearly shows that bringing up children is not her responsibility alone but is a joint one. The husband is equally obliged to make arrangements for rearing children. But in traditional society a man usually expects his wife to confine herself to domestic duties and disapproves of her working in order to eam. It is only in some enlightened families that she is allowed to work. InI: , producing children is also dependent on mutual consent. It is Not true that a man can force his wife to produce as many children as he likes. Also, according to some hadith, a husband cannot force his wife to hot give birth to a child. ‘Az/ (which means coitus interruptus but also includes other contraceptory devices) can be practised by the husband with her specific consent. Similarly, a man cannot force conception on his wife. According to Imam Ghazzali, a celebrated theologian, she can insist on ‘azl even if she desires to preserve her charm and figure and much more so if her life is in danger due to child birth. Abortion is also Permitted in such cases upto a period of four months of conception. However, many Muslim males consider it their right to produce as many children as they like. In some cases, they go on producing children as long as a woman can retain her fert ty. The enlightened educated Women, of course, are an exception to this. Educated husbands too do not insist on many children and accept family planning techniques. Many Muslim women’s problems are on account of illiteracy. But here too, it must be emphasized that Islam has never proscribed literacy for women. According to the Quran both Muslim men as well as women areof Muslim Women in India i Proble required to pray, ‘Lord, increase me in my knowledge.” Also, the Prophet has said, ‘Acquisition of knowledge is obligatory on every Muslim man and Muslim woman.’ Here the Prophet has specifically mentioned Mus- lim women (*Musalimatin’). He also could have used the word “Muslimin’ which would have included both men and women but he did not do so and specifically used the word ‘Muslim woman’ so that men do not find any excuse for depriving her of education. Yet we see that traditional society tried to keep women uneducated or gave them only an elementary religious education so that they could perform certain religious duties and nothing more. However, thi a sociological than religious or ideological problem. Our attitudes are determined as much by social factors as by religious or ideological ones. At times societal aspects prevail, overriding religious or ideological ones. aspects. The education of women is a case in point. In feudal ages women were completely confined to domestic chores (with some honourable exceptions, of course) and hence it was thought quite unnecessary to give them advanced education which would not have been of much use. The feudal traditions persist and social attitudes remain hardened. Also, Poverty and illiteracy go hand in hand, It is an unchallenged fact that Muslims in India are relatively poorer. Some economic indices even indicate that their plight is worse than that of the Scheduled Castes. If female literacy i ‘omparatively low among Muslims today, the ise 1S socio-economic rather than religious. There is the erroneous impression among many scholars that lower rate of female literacy is on account of Islamic teachings, Nothing could be further.from the truth. Syed Mehdi Hussain, in his paper ‘Muslim Women and Higher Educa- tion: A Case Study of Hyderabad’ rightly says, “It may be pointed out that education and socio-economic status are closely related. But it is also conditioned by the value system prevalent in a given society.’ He then B0es on to point out, ‘It is evident that despite higher levels of per capita income in Saudi Arabia and other petrol producing Sheikhdoms, the rate of literacy is quite low in the population in general and among females in Particular,’ This is undoubtedly so, but with the acquisition of a great deal of wealth, attitudes in the Arab countries are fast changing and female literacy is shooting up. As pointed out earlier, social traditions born in the past have their own resistance to change and it takes a great deal of struggle to bring about changes in attitudes. Hence many traditions persist for long even after there is no social basis for them. Those whoAn Introduction xvii suddenly acquire wealth cannot give up their old attitudes. Thus, socio- economic status and social change should not be finked up mechanically. It is a complex and tortuous relationship and needs to be studied carefully. Mehdi Hussain’s survey of Muslim girls’ education establishes that if the parents, particularly the father, is educated, children have a much better chance of education, In the vast majority of cases, fathers are poor and illiterate: coolies, rickshaw pullers, mechanics and vendors and, therefore, there is not much motivation for female literacy, let alone education. A large section of the Muslim population comprises artisans who see no benefit in sending their children to schools. Also, among these backward sections of society there is a common belief that girls have to mind their homes and hence education is unnecessary. This is called for in all communities. However, there is a bright side to this. Among Muslims: too, a new middle class and even an entreprencurial class is emerging, which recognizes the value of not only male but also female education. Some field surveys establish beyond doubt that Muslim girls from among these classes. are secking modern education in substantial: numbers. Numerically speaking, these classes are still far too few. It should also be understood here that the understanding of religion depends on one’s social status. In other words one should not go by religion per se but also consider the social strata which practises it. The poor and working classes have their own understanding and interpreta- tion of religion which is quite different from the middle and upper classes. Religion is often used to rationalize one’s own social behaviour. The poor and illiterate would invoke it to justify prevention of female education (and even male education in some cases) whereas the educated middle and upper classes justify higher female educa ation by invoking religion. The same is true of mily planning also, The educated Muslim families unhesitatingly go for it while the poor and illiterate Muslims invoke religion to reject it, In fact, producing more children is a func- tional need of the poorer classes, whatever community they belong to, Whereas the middle class considers family planning a vital necessity. We have already shown above that Islam is not against family planning. On the contrary, it encourages it. However, there is a strong perception among non-Muslims, par- ticularly the Hindus, that Muslims do not practise family planning because Islam is against it. Field studies also show that the middle class Muslims resort to family planning just as Hindus do. The issue of family planning has been communalized and is being used for communalProblems of Muslim Women in India xvi propaganda. It is being said that the Mustims soon will overtake the Hindus in population and convert India into another Pakistan. Malika Mistry in her paper shows that such a contention is not bore out by the census data. The rate of increase iri Muslim population has been margin: ally higher. According to her, “Davis examined Hindu-Muslim fertility differentials for the period 1891-1941, using child-woman ratio as an index of fertility based on census data. This study revealed that Muslims had shown a higher fertility than Hindus. Davis attributed this to higher incidence of widow remarriages, higher marital fertility and a slightly lower infant mortality among Muslims,” But this higher population growth among Muslims is far from alarm- ing. The census reports show that the growth differential is '/, pet cent per annum, and at this rate it will take more than three centuries for Muslims to catch up with Hindus. But until then the population cannot go on growing at the present rate. It will reach an absurd figure of more than 300 crore. In fact, the population growth is expected to stabilize around 2050. It may not be possible for Muslims to take over even after three centuries. Moreover, as pointed out by Ms Mistry, ‘There is also ev! idence to show that the fertility of Muslims has been declining in recent times. Socio-economic variables such as education and economic status have shown significant effects in reducing fertility rate. These observations Suggest that the onset of fertility decline among Muslims has already begun but the.pace of the decline has been rather slow.’ . Dr. Sushila Jain’s conclusion in her paper The Process of Moderniz tion in India and the Changing Status of the Muslim Women in Jaipur is no different from other similar studies, The social status very much depends on the education and economic status of women. The Muslim community in Jaipur is fairly backward. Most of them are artisans. However, the sample chosen by Dr. Jain comprised 86 per cent Ashraf (higher caste) and 14 per cent were Ajlaf (low caste) Muslims. She examines the question of modernization in terms of (a) awareness and access, (b) socio-economic and educational background, (c) political Participation, Dr. Jain maintains that, ‘Given the socio-economic and political di s of women in their religious scriptures as interpreted by their religious elites, women’s Progress in literary enrolment, employ- ment and status has not been very remarkable as they are not effectively deriving the full benefits of equality legislation in independent India.” It is unfortunate that in a male-dominated society even the questions of social change and women's rights are Politicized from both sides, foAn Introduction xix ie. from the side of Muslims as well as Hindus. The Shah Bano movement is one example and the question of common civil code, another. Though the Holy Quran nowhere prescribes that the mainte- nance to a divorcee be restricted to the period of ‘iddah only (it was the opinion of the jurists only in view of the then prevailing situation), the Supreme Court judgment strongly opposed it as it delivered a blow to male privilege. The Holy Quran was so considerate that it made it obligatory for Muslim men to make provisions for divorcees®. But still, a woman was deprived of this privilege in the name of Shari‘a. In fact, despite this provision in the Quran, no Muslim was making any provision for his divorced wife (at the most he gave three months’ maintenance to her) until, as a résult of the Shah Bano Movement, the Muslim Women (Protection of Rights on Divorce) Bill was passed. Even with regard to the question of taking more than one wife, the Quranic verses greatly insist on justice between the wives and even go on to say that if you cannot do justice between the wives then marry only one’. However, the provision for justice, so central to the Quranic verse, Was never rigorously enforced and it almost became a male privilege to marry more than one wife. If one goes by the rigorous provision of the Holy Quran, an incidence of bigamy or polygamy would be an exception father than a rule. But the ‘Ulama remained lenient in enforcing this central Provision of the Quran-and polygamy acquired open permission. It is nothing short of gross misuse of the Quranic provision. In fact the taking of another wife should not be permitted except with the sanction of the court and sanction could be accorded with the permi n or knowl- edge of the first wife and in cases like the medical barrenness of the first wife or if she is suffering from terminal discase. This would be in keeping with the spirit of justice enshrined in the Quran. Unfortunately the controversy about uniform civil code also has. communal overtones on the question of Muslims marrying more than one wile, as if it is a privilege which is enjoyed only by Muslim men and not others, The question of the rights of women becomes quite secondary. Common civil code or no common civil code, what is fundamental is women’s rights and status, Their rights should be as inviolable as those of men. The Quran accepts this position.” ’ However, Muslim ‘Ulama who have studied traditional theology which evolved during medieval ages, do not accept ringing declarations of sexual equality. ‘Rights of women are equal to what is against them in a just manner.” The significance of this verse perhaps was lost on the ‘Ulama duringXX Problems of Muslim Women in India the medieval ages. However, they must realize its importance in the Present epoch of women’s consciousness. Such an attitude will not only serve the women’s cause but also the true Quranic spirit. Perhaps the “Ulama may not accept sexual equality even though it is provided for in the Quran though progressive theologians like Maulana Azad did (see his Tarjuman al-Quran). ‘There is also the question specific to the Bohra Mus K. Mistry has dealt with it in her paper. The Bohra high priest oppresses all the Bohras, men as well as women, and it is unfortunate that often he chooses women as an instrument of oppressing the entire community as they have greater need for religious rituals in the given social context. They become victims as well as instruments of oppression by bringing ssure on their menfolk to submit to the priestly oppression. However, there are many Bohra women who have challenged the priestly authority and have put up a courageous struggle against it, The Bohra women in Udaipur fought with great courage against exploitation by the priesthood and created history. Their struggle continues. The Bohra women were considered quite timid and submissive. But the Udaipur women have convincingly shown that this stereotype about Bohra women is no more true. In fact these women fought with greater courage and determination than their men. It is a great sign of hope. These are great signs of changing time im women. NotesIslam — The Status of Women and Social Change — Asghar Ali Engineer The question of women has acquired great importance throughout the world today among all communities. This is for obvious reasons. For centuries, women have been in total subjugation in male-dominated patriarchal societies. Thus, it has been a ‘natural law’ to regard women as the inferior sex and for them to submit to male authority for the smooth running of family life. It should also be noted that even religious scriptures were not altogether devoid of these attitudes, though some of them laid down laws which transcended them. However, social attitudes percolate so deep that even progressive scriptural norms are often affected and consequently reinterpreted. Thus, male-dominated societies often har- nessed the just and egalitarian norms pertaining to women, which were laid down in the scriptures, in order to perpetuate male domination. Old social structures are fast disintegrating and new, more rational and liberal social orders are emerging on the scene. These new social structures find it increasingly difficult to maintain the old attitudes towards women. The scriptures are therefore, being reinterpreted among the liberal sections of these societies. One can draw parallels between women’s issues and slavery. Slavery was legitimate and justi- fiable in feudal and pre-feudal times. With the development of capitalist societies, accompanied by new ideas of freedom, slavery was abolished. Throughout the middle ages, Muslim jurists and theologians justified slavery by referring to the holy Quran. They laid down elaborate rules of behaviour which included the right to the ownership, possession and disposal of slaves. Muslim society considered the ownership of slaves to be a ‘natural right’ throughout the medieval period.2 Problems of Muslim Women in India Owning slaves was comparable to owning property and a slave a ran away from his master was considered a sinner. Of course, scriptures were quoted to justify this, + 5 Now that slavery has been abolished, nobody invokes the sori any more to justify it. Muslim theologians no longer have the mg! ‘and sexual intercourse with a slave girl. Liberal and radical interpre out commentators do not accept the concept of sexual intercourse i the nikah. They explain the verses containing milk yamin (that whic ‘sly right hand possesses, i.c., a slave girl) in such a way that it oo eee implies entering into nik@h as an alternative to marriage willl women.! The ins he changed itution of slavery does not exist any longer since t eae 7 . an rights an conditions no longer warrant it. Also, the concept of human righ! ot 7 7 i society human dignity are becoming more and more important in modern § e and ourcor of other human beings isa reflection ofconditionn Similarly, the laws pertaining to women which were laid down by ur a during the medieval Period (though based on the interpretation ol da scriptures) may not be acceptable to the modern woman. Women ‘0 a are not the same as they were in the past. They are no longer prepa to accept their subordinate role. They are being radicalized and demar a status equal to that of men. It would be difficult to try and impe ic this progressive tide of events, The option is to either re-read and re-interpret the ame new laws to suit modem conditions. But this gives birth 10 oF important question. The fundamentalists often allege that the liberals ant modemists frequently violate the fundamentals of the Quran and inter pret it ace ‘ording to their conveniénce. However, it is important to bear in tind the sociological influence while interpreting a divine scripture. No Interpretation, however honest, can be free of such influences. The theologians and jurists of the first century of Islam, who ha cquired great prestige and whose opinions aré regarded as indisput able, were also not completely free from these sociological influenc: Hence, their formulations and interpretations must be viewed in the relevant sociological perspective. Women in their time were looked down upon as nothing more than an instrument of perpetuating one’s Progeny. It was their responsibilty to raise children and provide for the much sought after pleasures of their husbands. This was not the inten- tion of the Quran. Yet, the pronouncements of the Quran were misunderstood. scriptures or (0 to an aveThe Status of Women and Social Change 3 If the classical view of Islam was formulated in the intellectual milieu of the time, would it be wrong for the religion to imbibe the modem values and ethos of today? Would that result in the violation of the Islamic principles? Can one view principles and values as abstrac- tions which transcend the influences of one’s personal intellectual development? Orthodox jurists, while accepting classical primordial views as authentic, reject the rational and liberal approaches as not merely unauthentic but also deviant. The whole issue is undoubtedly a very delicate one. Where does one draw the line between tafsir bi al-rdi* and a tafsir attempted to suit one’s own convenience? Does that then imply that in order to avoid the charge of tafsir bi al-rai‘ one should continue to follow the classical medieval commentary of the Quran? Or, should one attempt to comprehend the Quranic exegesis according to one’s own conviction? Sir Syed, Maulana Abul Kalam Azad and several others struck their own paths, and yet they can hardly be accused of tafsir bi al- rai‘ as their commitment to the cause of Islam was second to none. Yet, anyone who strikes a new path and interprets the holy book differently is accused of indulging in tafsir bi al-rai*, Maulana Abul Kalam Azad attempted to explain the difference between new interpre- tations and interpretation based on one’s opinion (i.e., tafsir bi al-rai‘), According to him, every epoch generates an intellectual environment which affects the Quranic commentary. Although there is no doubt that this is true, the Ulama never surrendered themselves to political influ- ences and disapproved of Islamic teachings being influenced by poli- tics. But one cannot keep the doors of influence shut and isolate religion and scriptural interpretations from contemporary influences. The true meaning of tafsir bi al-rai‘ has often been misunderstood. The object of placing restrictions on tafsir bi al-rai‘ was not to limit the application of reason and insight in understanding the Quran - for that would defeat the very purpose of studying the Quran. The Quran encourages the use of reason and faculty of mind and repeatedly says, ‘Do they not reflect on the Quran?” In fact the meaning of the word rai (opinion) in tafsir bi al-rai’ has not been used in the conventional dictionary sense of the term. Rai‘ is a term of the Shari‘a and it denotes an interpretation of the Quran which is based on our fixed opinion. Quite often, in order to conform to our fixed opinion the meaning of the Quran is conveniently altered.’ ; | We have quoted at length from Azad’s Tarjuman al Quran because it4 Problems of Muslim Women in India has an important bearing on our subject. Today, the manner in which we deal with women’s questions, based on Quranic teachings, depends largely on our understanding and interpretation of the Quranic text. When we try to understand it in the light of our own experiences and changed consciousness, we are accused of indulging in tafsir bi al-rai‘. It goes without saying that when we refer to consciousness we do not mean false consciousness based on illusions or unprincipled gains, Opinion in itself is not to be condemned unless it is motivated by falschood or some calculated benefits. Allah makes it quite clear that the revelation is not based on ‘desire.’ It states, ‘Nor does he (i.e., the Prophet) speak of desire. It is naught but revelation that Fevealed.” However, it must be admitted that there is a thin line between interpreting the Quran in terms of one’s petsonal desi ire and an objective opinion arising from new developments in consciousness. Only an individual of unquestionable integrity and honesty would be able to brush aside opinion based on personal desire. This is especially relevant as far as the question of women is concerned. One may interpret the Quranic verses either to promote permissiveness (arising out of personal desire) or to accord dignity and freedom to women in keeping with the intellectual and moral environment of one’s time, What the liberals and modemists are doing (true followers of Islam who in all sincerity want to keep abreast of their times) is to grant women freedom and equality on par with men. This would not be possible if one were to rigidly follow the orthodox reading, interpretation and meaning of the Quranic intent. It is also necessary to understand that morality and ethics are not closed concepts uninfluenced by material developments in socicty. Morality is as contextual as normative. These norms may be transcendental and applicable in practice only in certain contexts. When the context is altered it may not be possible to practise morality in its previous form. Yet, its normative context cannot be sacrificed while a new form of morality is being evolved. In the past, when restrictions were imposed on women, the norma~ tive concept was to protect their chastity. Gradually, chastity and purdah became synonymous. Women who observed the rigid rules of purdah were thought to be chaste while those who violated it were dubbed as ‘immoral’. Thus, a certain form of morality had emerged. We will not discuss the evolution of purdah here. However, it may briefly be mentioned that it was the outcome of feudal rulers’ concepts of ‘izzatThe Status of Women and Social Change 5 and the preservation of male superiority that reinforced concepts of " purdah. This essentially implied that a woman needed to be protected and it was a man’s prerogative to protect her. In Saudi Arabia, even today, women are not allowed to travel unescorted although there is no such injunction in the Quran. During medieval times the period neces- sitated this and it later became an essential ingredient of the Shari‘a. Also, in medieval times there were large numbers of women in rulers’ harams - the very word haram meaut prohibited enclave where no one, save the ruler or his princes, could enter. The size of the haram was an indication of the prestige of the ruler. In other words, the age and superiority of men was determined by the ‘weaker sex’ which needed to be protected. Needless to say, this encouraged the seclusion of women through purdah and led to the development of concepts relating to female Morality. It is interesting to note that the holy Quran urges women to pull their upper garments over their faces so that they can be recognized as. free women and not be harassed. The Quran says, ‘O Prophet, tell thy wives and thy daughters and the women of belivers to let down upon them their over-garment. This is more proper, So that they may be known, and not be given trouble. And Allah is ever Forgiving, Merciful.’ | Thus, in the past women were thought to be weak and this was the direct result of the concept of male superiority which was a sociological and not a theological concept. But the problem lay in the fact that theological concepts often assume sociological ones and they continue even when the social conditions change. Present day women are no longer described as the weaker sex. They can not only move about on their own, but can earn their own living by working outside their homes. They no longer depend on male protection and therefore purdah in the Conventional sense is no longer required. However, on account of the uneven social development in India, sociological conditions vary and Some people can still argue that women need protection. To argue that purdah is no tonger needed does not imply that chastity can be dispensed with. Chastity is a norm while purdah was the contextual means to achieve it. A woman can protect her chastity without having to observe purdah. Thus, if our concept of morality is sufficiently dynamic, there will be little resistance to its assuming a new form - as long as the essence of the norm is not sacrificed. Sociological and empirical considerations should be as important as the theological.Problems of Muslim Women in India je for the moral 6 This balance should be maintained as it is indispensabl dynamics of a society. The evolution of Shari‘a It is often assumed by those not well-versed in the origin and develop- ment of Shari'a (the canon law of Islam) that firstly it is corally divine and secondly that it is immutable. Such a view is often aired in common discussions and encouraged by the conservative ‘Ulama. The facts are just the opposite. Firstly, the Shari'a did not come into being all of a sudden; it went through a tedious process of evolution over several centuries under the influences of the times and secondly, it never remained static and hence immutable as commonly assumed. Even after it had assumed recognizable shape, the jurist had to admit the principle of ijtihad (literally, exertion), i.e., creative interpretation and applica- tion of Islamic figh (jurisprudence) in the face of new circumstances. Principles of ijtihad, as long as it was applied, constituted a dynamic tlement in the Islamic law. The gates of ijtihdd were closed in the twelfth century AD and the Shari‘a began to acquire a static character and came to be accepted as immutable, From the life of the Prophet to the decline of the Abbasid rule the evolution of the Shari'a passed through several stages. A noted jurist of al-Azhar seminary, Cairo, divides the evolution of SharT‘a into six periods.° In all the six periods, the Shari‘a underwent a process of evolution and thereby Periodical changes in concepts. It is interesting to note that ie Smith, a noted scholar of Islam, through his research comes to he significant Conclusion that in the early centuries of Islam the oe 7 Shari ‘a ahkam (injunctions) was a moral rather than a legal one, hese injunctio sin the carly period ‘are cach a divine command mora ly incumbent and immediately personal, for which men will be ge on the day of judgement. Only later does this phase become ‘ lepersonalized and eventually detranscendentalized to the point where it is equivalent to ahkam-al-shari'a’? a prhies of warns Tike AtSfiah al-Akbar (second century hijrah), or Baghdad Kitab usul al-Din (aaah mun Hee ant Ghazzali’s /hya al-'Ulnm a. Din fon nn ey Hiirah), oF i Statens ya al-“Ulum al-Din (fourth century hijrah) and al-Nasafi’s 7 concerh of Shan xth century hijrah), one hardly finds mention of a a ; i in these works*, The term Shari'a is frequently sed, and specially in the legal sense only after 8th or 9th century hijrah.The Status of Women and Social Change 7 For a student of the evolution of Shari'a it is quite important. Also, there never was unanimity among various jurists on a number of important legal matters which are today considered immutable. As our subject here is the status of women in Islam, we would like to give examples from this area of Shari‘a only. One very controversial matter in this regard has been the concept of three divorces in one sitting This has been causing a great deal of hardship to a number of women in the Indian subcontinent where the British enactment, known as the Muslim Personal Law, is applicable and has the status of immutable divine law. Triple divorce in one sitting (talaq-i-thalatha fi majlisin wahidin) is the most widely practised form of divorce in India as the Sunni Muslims here follow the Hanafite school of jurisprudence. In fact, it is the most contentious form of divorce denounced even by Hanafites as an innova- tive and sinful form of divorce. There are arguments for and against it based both on the Quran and Swina. The Quranic verses and Prophet's (raditions have been subjected to different interpretations (which are in direct conflict with each other) supporting or rejecting this form of divorce. Tho: supporting the triple divorce in one sitting maintain that the Quran has not laid down any specific method of divorce and, though the Prophet, they maintain, showed his anger against this form of divorce, he did not indicate that such a divorce would not be valid. Imam Ibn Hazm (AD 456) has given a detailed argument in favour of the triple divorce from the Quran and the Sunna. He tries to refute all arguments against the triple divorce in one sitting.’ ; Hafiz Ibn Qayyim, on the other hand, has argued, again on the basis of the Quran and Swina that, even if one pronounces three divorces in One sitting, only one revocable divorce shall take place. Ibn Qayyim, who is a disciple of Ibn Taymiyyah, presents all his arguments on the basis of the Quran to prove the invalidity of a triple divorce in one sitting. He maintains that although the Prophet’s companions numbered More than one fakh, can one show that even twenty of them ever concurred on the validity of a triple divorce in one sitting?" Ibn Qayyim advances many other weighty arguments to disprove the validity of a triple divorce in one sitting. | This clearly shows that there are basic differences among various fuqaha of the classical period about the Shar‘ia formulations. It is, therefore, very difficult to maintain that Shari‘a is divine in the > way as is the Holy Quran. Shari‘a, unlike the Quran, Ss not devoid of human opinion. It is for this reason that there are various schools of ooo™N8 Problems of Muslim Women in India jurisprudence which differ from each other on many questions. It was precisely for this reason that the principle of ijtihad, referred to above, was incorporated in the Shari‘a methodology. Ijtihad, would very much depend on personal approach, opinion and proclivity. The objective conditions vary so much that it is nearly impossible to develop a uniform view of all the problems throughout the world. Moreover, geographical, racial and cultural traditions also influence our judge- ments in one way or another. The four surviving Sunni schools of jurisprudence were also the products of different influences working on the minds of their founders who lived in different places like Madina, Mecca, Kufa(Iraq) and Misr (Egypt). Imam Abu Hanifa and Imam Shafa’i were more liberal in their approach as they lived in Iraq and Egypt respectively. At that time Iraq and Egypt, due to the mixing of various peoples, were the melting pots of various cultures which pro- vided variety and richness to life."' Imam Abu Hanifa, according to Abu Zayd"? was liberal and mod- ermist (Iniam al-mujaddidin)", Imam Malik was conservative (Imam al- muhafizin), Imam Shafa’i was moderate (Imam al-wast wa al-’ itidal)* and Imam Ahmad bin Hanbal rigid and orthodox (/mam_ al- mutashaddidin)."° Abu Zayd then concludes that various schools of jurisprudence are nothing but reflections of the evolution of life in the Islamic world and these schools changed, evolved and were trans- formed according to conditions of time and ircumstances."” Itis for this reason that the principle of ijtihad was used right from the beginning. When Ma’adh, a companion of the Prophet, said that the holy Prophet would approve the use of the ijrihad if he did not find in the Quran and the Prophet's Sunna (practice), an answer to the problems he was likely to face. When Hadrat ‘Umar, the second C: tiph after the death of the Prophet, was confronted with pa s used ijtihad. He temporarily suspended o; a number of problems, Mf directives of the Quran in view of the circumstances he faced. por example, he suspended the punishment of the ch : a i 7 when faced with famine and abandoned th: e ‘OPP. ns off ° an of zakat (poll tax levied on Muslims by irig Practice of giving a portion mut allafat al-qulub (i.¢., those whose ‘i to what is known as There is clear directive in this respect in th = Ouran re eaten practised this, esta his Sunna, and iano The Prophet also givea ieee of zakat to this category, His argent a eet uite valid, that Isla 5 5 a $ q at Islam was no longer weak and there was no need now toThe Status of Women and Social Change 9 induce people with money to ally themselves with Islam. One can thus infer that the Quranic injunctions or the Prophet’s Sunna has to be applied on the basis of the situation one is faced with. Thus Ahmed Amin, an Egyptian scholar, remarks, “In twenty-three years the conditions that called forth some judg- ments changed, then as the conditions changed some of the judgments changed. Indeed, a question might require a (positive) command, then the circumstances would change and it would require a prohibition .... So if this happened in twenty-three years in the life of the Prophet, what do you think when times have changed and more than a thousand years passed ...? Does not the observer think that if the Prophet were alive and faced these circumstances, many verses of abrogation would descend upon him and God the Generous and Merciful would not leave the Islamic nation without flexible legislation confronting this new life without absolute ijtihad’?” All this makes it very clear that Shari‘a laws evolved in response to various challenges and problems and they must be viewed as such. They cannot be viewed in abstraction. In other words it is not transcendental but situational law and must be creatively applied in the changed Circumstances. Muhammad Mujecb, a noted Muslim scholar calls Sharia an ‘approach to Islam’" rather than law. This approach im- mensely increases the scope of the Shari'a, formulations, He further says, “And if it is a matter of approach, why should Muslims confine themselves to texts embodying traditional methods of approach, and not think afresh in the light of present day needs and realities’?"" This approach can prove much more fruitful as far as the Shari'a laws Tegarding women are concerned, Whether it is polygamy or triple divorce in one sitting, all such laws can be re-examined in the light of the new consciousness which is emerging in our times. As with the new Consciousness, slavery was ultimately abandoned; with the emergence of women’s movements, and their consciousness of equal rights, there is no harm if Shari'a laws regarding women are re-considered. In fact, this is becoming inevitable. | What is needed is an Islamic approach to the problem as rightly pointed out by M. Mujeeb, What is the Islamic spirit? It has often been argued by Islamic jurists in the past that women have been assigned a role which is primarily that of wives and mothers. Their respo110 Problems of Muslim Women in India arguments on a selective es in the Quran empha- dicating differences or Quran which together ff man over woman to lic in the home, not outside it. They based their soingen to the Quran. There are differett en a a Status for both the sexes” ane the indicate qualities. There are also verses 1 equality of sex as well as superiority © some extent,2* to be a the verses according 0 one’s inclination ine in obviows one Ss Point of view. Here it is anand o pol Senor 7 man Psychological fact. The interpretation ° blac Th t human relia always depends on one sa prior a ion. ee “ weltansch ing without his point of view and some im ’ 7 universe ond a In other words, one lives in one’s own intel lectual proach tent draws inferences accordingly. Thus, our se lective ap to why rise on our intellectual approach. Another question arises as sexes and 7 hal verses in the Quran which indicate equal status of the contradictio vy same time superiority of men over women. Is this not a We ma Can the divine word admit of contradiction? statements nie that there are normative as well as contextual is empirical aetna What is desired by Allah isalso stated and what the goal in fem ity 7 society is also mentioned. A scripture indicates empirical realit. Ss of ‘should and ought’ but also takes into account the so that scriptutal terms of is’. Then a dialectic of both is worked out stances and guida guidance is accepted by people in concrete circum- same time a finale in not remain an abstract idea. However, at the times, when the rons ndental norm is also indicated so that, in coming acceptance of these shel circumstances become more conducive to the get closer and closer a the same is applied or at least an attempt to ‘The caller Then. peeeins in eamest Tecognized the neleatiy mine like Imam Ibn Taymiyyah had also cumstances and it for th sini open changing cir” religious edicts change decotdine!t that he developed a doctrine that the of this doctrine increases if 7 ee changing times.?5 The significance was not liberal or progressive caliai mind that Imam Ibn Taymiyyah him thought it necessary that cahkzin pati Sara une in circumstances. And it was in hoes : icts) should change with changes thatthe "Ulam agreed to the abolition with the spirit of this doctrine abolition of slavery when the time came for it though the Qi ae uran had permit ayn prohibited it altogether. Permitted it and the Prophet had notThe Status of Women and Social Change W If the "Ulama still resist change in certain Shari'a edicts concerning women like polygamy, evidence, divorce, etc,. it is not because they are based on the Quran and Sunna but because our societies are still male- dominated and it hurts the pride of men to accept these changes. But times are Changing fast and it will not be long before these changes become acceptable as many other changes have become acceptable with the passage of time. Films no longer evoke protest as they used to. They have become a Part of our lives as much as anything else. Another eighteenth century Islamic thinker Shah Waliyullah in his magnum opus called Hujjat Allah al-Balighah argues at length that the Shari'a laws are devised in keeping with the nature of the people and the needs of the time. He devotes an entire chapter of his book to develop this argument2* He even gives an example of how ahkam changes with circumstances.” When the Prophet migrated from Mecca {© Madina, his blood-relations were left behind and so he established what is called muwakhat (mutual brotherhood) and the Quranic verse about inheritance on that basis was revealed. However, when those left behind in Mecca joined their families and Islam became widespread, the verse bestowing right of inheritance to close blood-relatives was revealed, cancelling the earlier one. Thus, with the change of circumstances the hukam (religious injunction) changed. As we have seen above. the Shari'a has two important sources of formulations, i.e., the Quran and the Suna and both, as pointed out above, have two important ingredients, i.e., normative and contextual. The Quran was undoubtedly revealed for the whole of mankind and for all times to come and yet it contained, in order to be acceptable to the Arabs to whom it was revealed, particular relevance and significance for them. Any scripture which has to have acceptability to the people to Whom it has been revealed must have immediate relevance to them. The Scripture may draw from their history, from their culture and from their traditions, This is what I prefer to call contextual. Apart from this the Quran has much that is transcendental, that which transcended from its immediate context and laid down norms for human behaviour and also gave eschatological direction to life. The Prophetic Suna too has both the ingredients, i.c., contextual as well as normative. If the Prophet’s behaviour was to-have any relevance to his people, it had to draw from their history, culture:and traditions. Also, he had to set forth exemplary behaviour before them. For that he drew from what was normative in the Quran and thus he exemplified the12 Problems of Muslim Women in India Quranic teachings par excellence. This is why the Quran also describes the Prophet’s behaviour as the best and the most exemplary.” | Thus, from the Prophet’s conduct also, we have to choose what is transcendental, leaving out what was contextual in order to cull values and principles. For the Arabs of his time, and specially those who live: in the peninsular area, his whole conduct was of great relevance because it exemplified not only the best in the Quran but also the best from theif history, traditions (‘adat) and culture. onal As far as women’s questions are concerned, cultural and traditional influences tend to be quite strong. The Quran undoubtedly gave & great deal of rights to women and spelled them out in great detail. The Quist was the first scripture to have conceded so many rights to women and that too in a period when women were most oppressed in the major civiliza- tions, i.e., the Byzantine, Sassanid, etc.” And yet we see that the later fugaha (Islamic jurists) drew much from the Arab ‘adat (pre-Islamic traditions) and resorted to formulations which curtailed, if not trample upon, women’s rights. Some examples might suffice here. The Quran never intended to place undue restrictions on the movements of women, nor did it require women to completely hide their faces while moving out of their houses. And yet, the leading jurists (though there were differ- ences among them too on the interpretation of the relevant verses and traditions of the Prophet) required women not to move out of their houses except in an emergency and that too with their faces hidden.”” For venturing out alone, Imam Shafa’i’s view seems to be more reasonable. Justice Aftab Hussain observes: . “The view of Imam Shafa’r is clearly based upon the principle that the idea underlying the command (Shafi, not Quranic, AE.) is to provide security for her person and property. A mahram is the best possible security inter alia for the preservation of her chas- tity. If her safety is otherwise vouchsafed there is no harm in her travelling with strangers, men or women’.*! a Though the Quran does not put such restrictions on women, jurists did impose restrictions in the context of their situation and it is consid- ered binding in Muslim countries like Saudi Arabia where women still cannot venture out alone. This clearly shows how the women’s rights given by the Quran were taken away by the jurists in view of their situation, Despite this, Shari‘a rules are sought to be enforced even in a changed context. The Quran demanded of women a reasonable degree of submission C\The Status of Women and Social Change 13 to their husbands as they maintain them and spend their wealth on them.” Juristic formulations require women to totally submit to their husbands. A Prophetic tradition (hadith) is often referred to in this respect. It says that had sajda (prostration) not been prohibited for human beings, Prophet Muhammad would have ordered women to perform sajda to their husbands. Another tradition says that she cannot enter paradise if her husband is not pleased with her.** We do not want to present a critique of hadith literature here, but suffice it to say that many a hadith (tradition) came into circulation later in keeping with the cultural and socio-religious prejudices of the first and second centuries of the Islamic calendar. These traditions must be treated with great caution and one should certainly not rush to draw Conclusions on their basis. Unfortunately, many Shari‘a formulations are based on such traditions and thus many of the rules reflect the Cultural prejudices of Arabs and Persians rather than the greatness of the Quran and its just and liberal outlook. Drawing upon the Quranic Principles and our own experiential context, it should be possible to Teformulate many of the provisions, especially with regard to women. This would be a great service to the cause of Islam on the one hand and that of women on the other. The Quran, as pointed out above, has been very fair to the cause of women. However, our cultural prejudices in the Indo-Pakistani subcon- tinent have also played a great role in denying women their rightful Status. The kind of purdah observed by Muslim women in parts of our subcontinent is an example. They not only cover their entire body but also their face. This is not in keeping with the spirit of the Quran. All the Quran requires of women is not to display their sexual charms and be dressed in a dignified manner.™ These prejudices emanated in the feudal era wherein Muslim ruling classes wanted to protect their womenfolk and hence kept them under strict seclusion. However, that tradition was given Islamic legitimacy with another tradition which Tequired women to observe purdah even before a blind person.** The Shari‘a should be seen both in its cultural context as well as in its Normative, transcendental spirit. Unfortunately, at present it is seen more in its cultural context than in its normative spirit. A diligent search both in the Quranic text and in hadith literature and exigesis is required to reconstruct Islamic law in its true liberal, humanistic and progressive spirit. Here I would like to say a word about the term ‘progressive’ which I have used. It should not be seen as a political approach. All I UYbi Problems of Muslim Women in India mean to say is that anything which ensures sustenance and purposeful growth of the human species I consider as progressive. This is the broad approach I adopt towards life. We should not be constricted in our action by what our ancestors thought and did. This is not the true Quranic way of approaching the truth. The Quran often criticizes those who rejected Allah’s message because their forefathers did not think that way.°* We should come out of this rut and begin to think afresh in our own experiential context and in the light of the Quran. The jurists (fuqaha’) including the four Imams may have been highly learned but it was not humanly possible for them not to think in their own experiential context, nor would it have been very relevant to their time if they did. Laws can be meaningful only if they serve the needs of the society they are meant for. If they are purely normative and not contextual, they may be excellent but would not be acceptable or even useful for the society they are meant for. If we see from this perspective the Shari'a formulations of the four Imams and others, our whole way of looking at things changes. a When we seek to revise certain Shari'a formulations of those jurists we are neither challenging their wisdom and intelligence nor their leaning and sincerity to the cause of Islam, All we are saying is that what they had thought and written was in the context of their own time and even if they had thought beyond their times their formulations would not have benefited their own society. They were certainly ex- pressing their opinions in their own experiential context.” They were also aware of the limitations of their thinking or the possibility of some error in their inferences and hence after giving their opinion they always took care to say or write wallah al-a’alam bi’ al-sawab (the right thing is known only to Allah). s If we keep in mind how Shari'a opinion came to be formulated it becomes quite clear. Whenever a problem arose and all ’Ulama had the same opinion about its Shari'a position, it would be immediately recorded as the final answer to the problem. But, often opinions differed and the issue was hotly debated amongst the jurists. At times it would be debated for a long time. Imam Abu Hanifa would listen to all this patiently and after having heard all he would come out with a balanced formulation. It also, however, happened that even after the Imam’s formulations, opinions continued to differ and people would stick to their own judgement. This process continued for more than thirty years before it was completed.>*The Status of Women and Social Change 15 This process itself shows that unanimity of opinion was rare and opinions differed on every issue. Often issues were very complex and it was not possible to get direct answers from the holy Quran or the Prophet’s tradition or there were other difficulties. Also, not infre- quently, the Prophet’s traditions were reported in contradictory ways and it was not always possible to decide which or whose version was correct. For example, Imam Bukhari and Imam Muslim are both com- pilers of hadith of great repute and their collections are known as Sahihayn (i.e., two correct compilations) and yet there were great differences between the two. Imam Muslim bitterly criticizes Imam Bukhari and goes to the extent of calling him a plagiarist (muntahil) and one who insults the hadith.” Throwing light on these differences about the fadith, Maulana Shibili N’umani, a noted ‘alim says that the traditionists mutually differ about the correctness or otherwise of traditions. One traditionist consi- ders one tradition as highly authentic and insists on its acceptance whereas another rejects the same tradition as weak or forged. The traditionist Ibn Jauzi has dubbed many traditions, which others have accepted as good and authentic, as forged ones. He goes to the extent of describing some traditions of sahihayn (i.e., compilations of Bukhari and Muslim) as being forged.” Apart from this, there is one more difficulty to be taken into account. The words of the hadith, as often reported, are not always the actual words of the Prophet himself. Often it is implied that it is the way in which the companion of the Prophet with whom the tradition originated, understood the Prophet. This means the tradition reaching us is based on the companion’s understanding of what the Prophet said or did. And itis said in the figh literature that the companion’s understanding cannot be the argument.' This naturally leads to differences among the jurists which are very difficult to resolve. Thus the Shari‘a formulations depend a great deal on the human factor. First, how is a legal issue extracted from the Quran or hadith? Second, what context did the Quranic verse or the tradition rely upon? Third, what is the authenticity of the tradition, is it weak or forged or authentic? Acceptance or rejection of the hadith would also depend on the person concerned. Fourth, even if the tradition was authentic, how was it understood by the companion of the Prophet who reported it? The human factor is involved and humans can err. ‘Also, human prejudices are inevitable. While trying to understand16 Problems of Muslim Women in India what the Prophet meant, these prejudices, acquired during childhood, cannot-be kept at bay. And when it comes to the question of women, these male prejudices are bound to play their own role. Although the Quran treats women with dignity and equal status with men (except in some sociological matters on which we have already thrown light above), traditions are often found to be highly prejudicial and women are treated as far inferior to men. Consider, for example, the tradition that states, that a nation which has assignéd its reign to a woman can never prosper.” Many more such traditions which are derogatory to women could be quoted. It is not difficult to understand that human prejudices were operational in producing such traditions. Thus, we have to be doubly cautious while dealing with such traditions, especially when we have to draw conclusions of seminal importance. The above tradition, i.e., ‘a nation which has assigned its reign to a woman can never prosper, was freely used recently when Ms. Benazir Bhutto came to power to insist that a woman cannot head an Islamic state. First, the hadith seems to be weak; second, one does not know in what context this was said (as context makes all the difference, ignoring which wrong inferences could be drawn) and how it was understood by the narrator from the Prophet and third, it conflicts with the Quran which speaks highly of a woman ruler, i.e., the Queen of Sheba.” Yet this tradition has been widely used by the ’Ulama and Muslim jurists to deny a woman any role in the political affairs of Muslim countries. It is therefore difficult to accept arguments about the status of women based on such traditions specially if they conflict directly or indirectly with the Quranic position. Unless we follow methodological guidelines, we are not likely to draw the right conclusions, All the received Shari‘a positions regarding women cannot be accepted uncritically. Using the methodology suggested above, a reconstruction of these positions in the light of our own experiential context is highly desirable’ Notes 1, Azad, Maulana Abul Kalam., Tarjuman al-Quran Vol. Il, (Delhi, 1980), p 436. Also Maulana Umar Ahmand Usmani, Figh al-Quran, Vol. 11, (Karachi, 1981) p. 173. 2. The Quran, (47:24), 3, Azad, Maulana Abul Kalam., op. cit., Vol. I, pp .444. (translation from Urdu by the author). 4. The Quran, (53:3-4). 5. Ibid, (33:59). 6, Muharmand al-Khadrami,,Tarikh Figh Islami, Urdu translation Abdus Salam NadviThe Status of Women and Social Change 7 Azamgarth, 1364 A.H. 7. Smith, Wilfred Cantwell., On Understanding Islam (Delhi, 1986), pp. 99. 8. Ibid, p.90. 9. Dr. Tanzilur Rahman (compiled)., Majma'a-i-Qanum-i-Islami, Vol. I (Islamabad, 1965), pp.501-3, 10. Ibid, pp.535-39 11, For the exposition of this point of view Dr. Faruq Abu Zayd’s Al-Shari‘ah al-Islamia bavna al-Muhafizin wa’ al-Mujadditin (Cairo, n. 12. Ibid. 13. Ibid, p.17 14, Ibid, p.31 15. Ibid, p.AS 16. Ibid, p.59 17. Ibid, p.16 18. The Quran, (9:60) 19, Ahmad Amin., Duha al-Islam, Vol. Il (Cairo, 1961), pp.325-26. cf. William Shephard The Faith of a Modern Muslim Intellectual (Delhi, 1982). 20. M. Mujeeb., An Introductory note to Changes in Muslim Personal Law (Delhi, 1982). 24, Ibid, p. 22. The Quran, (33:35), (32:4),(4:1) ete. 23. Ibid, (4:34) 24, Ibid, (2:28). 25, Ibn Taymiyyah's words are “yataghayyaru'! ahkam bi’ taghyyaruz zaman.” 26. Shah Waliyullah’s Hujjat Allah al-Balighah Vol. I (Deoband, n.d.) pp.216-22. 27. Ibid, p.290. 28. The Quran, 33:21. 29. For further details Asghar Ali Engineer, The Origin and Development of Islam (Bombay, 1980). 30. For a detailed discussion on the question of veil Justice Aftab Husain’s Status of Women In Islam (Lahore, 1987) 31. Ibid, p.198. 32. The Quran, (4:34). 33, Mishkat, hadith No. 3116. 34. The Quran, (24:31). 35. Discussion of this tradition in Aftab Hussain's, Status of Women in Islam, op. cit. p.153, 36. The Quran, (11:62), (11:63), (11:87), (21:54), (13:40), (23:68) ete. 37. Here we are referring only to social matters what are called mu’amalat and not to spiritual matters called ‘ibadat. ‘Ibadat are not affected by social changes unlike the ‘mu’ amlat which change with time. 38, Numani, Shibli, Sirah al-Nu’ man (Delhi, 1987), pp.227. 39, Maulana Tahir al-Mulki’s introduction to Maulana Umar Ahmad Usmani's Rajam as had hay ya T azir (Karachi, 1981), pp.40. 40. N’umani, Shibli, op. cit. pp-208 (translated from Urdu by the author). 41. Ibid, p.209 42, Justice Aftab Hussain, op. cit, pp.214. 43, The Quran, (27:32-35).2 Need for Change in the Muslim Personal Law Relating to Divorce in India — Ramala Baxamusa Introduction a The colonization of India was purely for economic reasons. The British, by and large, kept out of issues conceming the personal laws of the natives, This was so until 1753, even in the presidency high courts of Calcutta, Bombay and Madras. Cases concerning Indians were only heard if the British had a personal stake in it.! In the historic judgement of 1772, Warren Hastings declared that it would be a great evil to impose a foreign legal system on the Indian people, and that thé personal laws of Hindus and Muslims should be maintained. The adalat system, adopted by the British in the three main presidencies, was based on this verdict. The verdicts in the presidencies of Bengal, Bombay and Madras were delivered by English judges on the advice of both Qazis and Pandits. It is said that the Muslim Personal Law of inheritance, wakfs, eic., were allowed as these laws did not affect British authority or British interests in any way. Hastings did not take notice of different Islamic -laws. He continued to recognize only the Hanafi \aw. Later, the other British authorities gave acceptance to Shia laws and court judgements recognized various Muslim schools of thought. The 1930s saw the impact of western feminist ideology and the family movement in the Arab world affecting the Indian Muslims. Apart from Jinnah, social reforms, especially in the form of codification of the Shari'a law, was the demand made by most Muslim leaders. The British, with their policy of divide and rule, rejected the original draft of the Shari‘a law which aimed at bringing unity among Muslims. Jinnah succeeded in getting the British to accept the freedom of all sectsNeed for Change in Muslim Personal Law for Divorce in India 19 to use their own laws and the uniformity which the Bill sought was destroyed, In 1939 as a result of the demands of Muslim women the Dissolution of the Muslim Marriages Act was passed. This law is not the only divorce Jaw practised by all sects and Jamats. Most Jamats do not permit their members to go to court to solve their problems. One can clearly see from the above example, how British intervention changed the Muslim law in ways that went against the principles of the Quran. The Muslim law, existing today in India and considered sacro- sanct by many, is in reality a corrupted vestige of its old form making it both anti-Islamic and at omen. On examining the socio-political reality today we see a dismal picture of communal tension and political aggregation in terms of narrow sectar- ian interests. The present Muslim Personal Laws are playing havoc in the lives of the Muslim women. The aim of this paper is to touch upon the divorce laws’ as presented here: 1. Different types of divorce supported by the Quran, Hadith and Sunna; 2. The types of divorce followed by various Islamic schools in India; 3. Various changes brought about in the divorce laws of Muslim countries and South Asian countries; so that one can know the correct laws based on the Quran and Sunna, lear from the experience of other Muslim and non-Muslim countries and thereby initiate changes in Indian law by codifying and making it uniform for all Indian Muslims. Procedure for Divorce with reference to the Quran, Hadith and Sunna According to a precept of the Prophet, divorce is condemned as the most reprehensible of all things permitted. There is nothing more displeasing to God than divorce. The right to absolve a marriage is given to the husband as well as the wife.’ Women have to observe ‘adat for three months to ascertain paternity. The Quran does not permit any outsider to separate a couple who want to live together even if one of them has a physical defect, though this can be a legitimate cause for divorce‘. The Quran emphasizes that divorce should not be a hasty impulsive act but should be finalized only after a period of waiting during which time the couple is counselled and given a chance to rethink on the decision. TheyProblems of Muslim Women in India 20 either reconcile or separate after ‘iddahS . vote procedure for the dissolution of marriage is entirely a men and women. Husbands use. talag, wives take recourse tO me Dissolution by mutual consent is Mubarat and a marriage which can dissolved in court is known as Faskh, Talaq 7 the Talag is a procedure that can be initiated by the husband alone without h consent of his wife. Besides, the exercise of ralaq is extra-judicial and in no way subject to external check. Technically, therefore, the power of the husband to divorce is absolute. Talaq may be pronounced in a number of ways, €.g., (1) Alisan (2) Hasan (3) Bid’ah. , The Ahsan form of talaiq is Talag-i-Sunna, The repudiation does not take place at a single sitting nor can it take place during menstruation. ‘Jddah is observed during the period following menstruation that is yuh. or the purity period. Two arbitrators from both sides are appointed to bring about reconciliation. During the ‘iddah period the marriage is not dissolved. If reconciliation takes place, and the husband and wife have intercourse, the marriage is saved and no nikah is needed. In Ahsan talaq even after the third pronouncement of talaq, after the ‘iddah period, the marriage is revocable. The man can remarry his divorced wife. This practice is in accordance with the teaching of the Quran and according to Sunna rules. Both the Sunni and Shia schools approve of talaq-a-ahsan® ‘The Hasan form is talaq-a-Sunna but is not as commonly accepted as taliq-a-ahisan. The man is supposed to pronounce talaq during the successive periods of purity or tur. A couplé can live together as husband and wife if the husband so desires before he pronounces the third salaq. On the third talaq the marriage is dissolved and the ralaq is irrevocable. Therefore, he cannot remarry her. If she wants to she has to perform Halala, i.e., marry another man, consummate the marriage and conse- quently validly dissolve it and only then remarry her divorced husband. This process of Halala is condemned by prophets and Caliph Ali. They narrate the message of Allah cursing the man who committed Halala and the one for whom Halala was committed.’ There is some controversy over Hasan Talag. One school of thought says, ‘Talaq should be pronounced in three consecutive fuhrs, i.e., when the wife is not menstruating. This dissolves the marriage.’ Another school says, ‘If a man pronounces talaq and reconciles and cohabits with his wife the talaq continues.’ After two years if he pronounces talaq andNeed for Change in Muslim Personal Law for Divorce in India 21 again cohabits, this becomes the second talaq. If he pronounces talaq a third time this will be the final talaq. The wife loses her nghts of inheritance with the pronouncement of talaq. Talag-a-Hasan has been approved of by all Shia and Sunni schools of thought. Since it is not irrevocable it is not very popular; yet, the Hanbali Sunni school gives it more importance than to other types of talaq. Talaq-a-Bid ah is a form of divorce which is severely criticized since it goes against the rules laid down by the Quran. However, it is approved of by the Sunna. In this form of talaq the husband unilaterally, without the consent or knowledge of the wife, pronounces taldg. Talaq is pronounced once or three times simultaneously whether the wife is in a state of fuhr or not. This form of divorce was clearly not approved of by the Prophet. It was Caliph Umar who legitimized this. Caliph Umar seemed to be restrictive rather than permissive about this type of talaq. Yet, he held it permissible to impose certain restrictions on loose tendencies relating to divorce which had crept in during his regime. ‘Umar’s object in making three pronouncements of talaq, on one occasion effective, was to wam the man that he would have to take the evil consequences of following an un-Islamic practice, but the result was contrary to what Umar intended.’* It became a general practice to pronounce divorce thrice on one occasion. Thus, a revocable divorce was transformed into an irrevocable one. If a man wanted to remarry his wife, she had to perform a Halala marriage. A tule, originally meant to punish a man, is today used against women. This bid’ ah form of talaq is not accepted by the Shia schools. It is sanctioned by the Hanafi Sunni school. It is authentically reported by Ibn Qayyim that Caliph Umar regretted having allowed it even as an emergency measure.’ Today this form of talaq is used in India and only in some of the Arab countries. This most anti-women form of talaq is the most accepted and widely used under the Muslim law. Khula’ In pre-Islamic Arabia, a woman had no right to ask for her marriage to be dissolved. The Quran, however, was the first to allow women the privi- lege of seeking divorce earlier denied by the primitive society of the Arabs. When khula’ is sought by a woman, her husband is given compen- sation to release her from the marriage tie. Khula’ is irrevocable. There are indications that wives have enjoyed the right to khula’ even when their husbands did not agree to it. Many stories during the Prophet’s lifetime revealed that marriages were dissolved because of22 Problems of Muslim Women in India incompatibility or any other reason and the men did not object since khula’ did not displease God." In talaq a man has to give mehr. In khula’ a woman has to forgo her mehr and sometimes pay for her freedom. If the husband agrees to a divorce, then no school permits the Oazt to give women the right to khula’. According to Islam separation by khula’ is not the worst form of divorce since great importance is placed on the happiness of a couple living together and it does not approve of two people living together merely to keep up the facade of marriage. The newly enacted laws in several Muslim countries enforce this Quranic tecommendation, contradicting what is prevalent in Pakistan and other countries where the freedom to divorce is not given equally to both the sexes. According to Hanafi law, no single word is necessary to effectuate Khula’. In Shia law, however, a particular grammatical form is required. Mubarat Mubarat may be initiated by either the husband or the wife, but once accepted the dissolution is complete. Where the desire for separation is mutual, the law requires a woman to offer her husband compensation, after which the Mubarat is effective." Dissolution of marriage by the couple jointly can be extra-judicial on terms that may be mutually agreed upon, Unlike khula’. or talag which does not require the consent of either husband or wife, Mubarat is orce which both the husband and wife may equally agree upon. Mubarat is accepted by both the Sunni and Shia schools and neither objects to court injunction. Talaq-a-tafwiz Tafwiz is when a woman has a right to pronounce talaq if her husband has delegated that right to her. In Islam, marriage is a contract between two parties. The husband in the nikahnama gives it in writing that if he commits polygamy or if his wife cannot get along with him, she has the tight to khula’. This is accepted by both the Shia and Sunni schools. Faskh Dissolution by judicial decree can be sought by either the husband or the wife. In practice, where unilateral talaq is permitted, it is only the wife who seeks this judicial decree. The grievances of a woman seeking separation by judicial decree may be considered : 1. Than or charging the wife with adultery. 2 Ila or taking a vow of abstinence for four months.Need for Change in Muslim Personal Law for Divorce in India 23 3. Zihar or comparing the wife to any of the female relations within the prohibited degree. 4. Defect in her spouse. 5. Failure to observe marital obligation. All the schools of thought sanction Faskh, except that minor details regarding each charge vary, The Muslim divorce law in India The existing divorce laws in India are: 1) Dissolution of the Muslim Marriage Act, 1939 2) The Muslim Shari'a Application Act 1939 3) Various customs and usages indicated by the Shari‘a which are not wholly divine and uniform - jurists used their own judgement for the compilation of the Shari‘a in the light of varying geographical, social and temporal conditions. Thus, all schools of Islamic law do approve of talaq-a-bid'ah."* The Shari‘a laws existing in India are not totally divine. What exists in India as Muslim Personal Law is Anglo-British Law. These uncodified practices were unconsciously justified by the Maulavis to suit the inter- ests of the British. After Independence, several books on Muslim law have misinterpreted this, permitting the practice of extra-judicial divorce in Islam. They have failed to distinguish between the general guidelines for spouses in the matter of divorce and the legal requirements for a divorce. This has complicated and to a certain extent also distorted the Muslim divorce law. This complicated, and partially distorted law, has unfortunately been recognized by the Indian judiciary. Now the husband does not have to go to court to get a divorce and the divorced wife cannot challenge the unilateral divorce which is accepted by the law. Thus, the male sex is favoured. 1. Among the Hanafis, who constitute nearly eighty per cent of the Indian Muslims, talaq-a-ahsan, talaq-a-hasan and talaq-a-bid'ah are the most favoured. But among twenty per cent Ishna Asheris, Bohras, Khojas, etc., talaq-a-bid’ah is not permitted. Here, too, it is not necessary to go to court to obtain a divorce. The dissolution of marriage takes place only when the 3 months of ‘iddah, in the respective Jamiats, is over. 2. Among the Sunni and Shia schools a man, who is not insane or24 . Talag can be pronounced by the husband by either uttering Problems of Muslim Women in India below the age of puberty, is free to divorce his wife whenever he wants to without giving any reason. i A man need not Pronsuics talaq in the presence of his wife and bi not give her notice. After pronouncing taldq (if he has more than i wife) he is expected to name her. Unlike the Ishna Asheris, # Bohras and Ismaili Jamats have set up councils to attempt to brig both husband and wife together before the final decision is made. However, if she refuses to come, the man can give her ralaq. i Talaiq-a-ahsan is talaq accepted by orthodox Sunni and s : schools. The Hali Memon Jamit of Bombay discourage their mem bers from observing Taldg-a-bid’ ah. 7 PA Ifa woman has not gone through her menopause, taldq should not i pronounced during her menstruation. However, the Hanafi school which accepts talaq-a-bid’ ah.does not attribute any importance to menstruation. . . Among the Hanafi, talaq pronounced in anger in one sitting is valid and irrevocable. . The presence of two witnesses is an essential prerequisite for a Shia divorce to take place whereas for Sunnis it is not so. the word taléiq or by saying words which by implication mean talaq. In the case of talaq which is revocable by law (raji), no revocation 1S possible after the expiry of ‘iddah. . Among Sunnis and Shias talaq is valid even when pronounced while a man is intoxicated. . . Shias insist on a written talaqna@ma in Arabic though this is not absolutely necessary among Sunnis. . Among the Shias,if a man writes a talagnama and sends it to his wife during the period of ‘iddah and also dies within the ‘iddah period, the woman remains his lawful wife since the talagnama is merely a record of the first talaq and therefore the marriage is not dissolved. Though women enjay the right to khula’, there is no such legal sanction in India. In Pakistan and Bangladesh the law of khula’ has been enforced as a result of Supreme Court decisions."’ Khula’ is not permitted among the Sunni nor the Ishna Asheris without court interference. The Bohras and the Ismailis try and intervene in order to keep control over their Jamiat members. If the woman wants a separation she has to obtain the consent of her husband and pay him compensation to set herself free.Need for Change in Muslim Personal Law for Divorce in India 25 If he disagrees she has to wait till he agrees. Indian courts do recognize the woman’s right to talaq-a-tafwiz. Here the right to dissolve the marriage is handed over in writing by a man to his wife at the time of the nikah ceremony. This right is enjoyed by a few Sulemani Bohras (Khandaris) who follow the nikahnama drafted by Danial Latifi. Among Muslims in India, divorce by mutual consent is possible but a woman has to give her husband something to free herself. This practice is generally encouraged by Dawoodi Bohras. For Muslim women in India there is no way of dissolving a marriage other than by getting legal permission from court. According to the Dissolution of Muslim Marriage Act of 1939, the judicial decree of Faskh permits Muslim women to obtain a divorce on seven grounds. a. The whereabouts of the husband are not known for a period of four years. In a suit filed on this ground, the husband’s immediate relatives have to be given notice, and they have a right to be heard. A decree passed on this ground will not come into effect for a period of six months. If the husband appears within this period the decree will not be valid. b. The husband’s neglect or failure to provide the basic necessities to his wife. ¢. The husband being sentenced to imprisonment for a period of seven years or more (the sentence having become final). d. The husband’s failure, without reasonable cause, to perform his marital obligations for a period of three or more years. e. The husband being impotent at the time of marriage and continuing to be so when the suit was filed. f. The husband’s insanity for at least two years or his suffering from leprosy or some virulent venereal disease. &. The exercise of the right of ‘repudiation’ of a marriage by the wife. (A wife, married by her guardian while she was below the age of fifteen can repudiate the marriage before attaining the age of eight- een, provided the marriage has not been consummated). Besides these rights, the court is also empowered to dissolve a mar- riage on any other ground recognized as valid for the dissolution of marriage under the Muslim Law. It is significant to note, however, that26 Problems of Muslim Women in India before partition, in Lahore, the court refused Faskh to a wife if she was incompatible with her husband. Prophet Mohammed had permitted the women to divorce." It is clear from the above study of the divorce laws in India that women who are given the privilege of seeking divorce are at every stage at the mercy of their husbands. The existing law is an Indo-Anglican judicial parody which is unfair to women and needs to be altered drastically. India is the only country in the world which has not brought about changes in the existing Muslim Personal Law. Divorce laws practised in other countries In Egypt, Sudan, Jordan, Syria, Lebanon, Morocco and Iraq the laws are the same as those followed in India. Taldg-a-bid’ah is permitted, but restrictions have been put upon taldq pronounced while a man is intoxi- cated. Other Muslim countries such as Pakistan, Bangladesh, Malaysia, etc., have imposed a court injunction against the husband pronouncing talaq. Thus, tala@q-a-bid’ah is not permitted.' In Turkey, all cases of divorce are resolved by the Family Marriage Divorce Act of 1951, and in Cyprus by the Cyprus Civil Code of 1926. In both countries unilateral divorce is disapproved of and court intervention is necessary. In Tunisia where the Iranian Family Protection Law of 1967 is in force, both the husband and wife are given the right to approach the court of law. In Tunisia and Algeria, divorce on grounds of mutual agreement (Mubarat) is allowed.'* In Algeria the Marriage Ordinance of 1959 does not dissolve a marriage by unilateral divorce. A court decree is neces- sary.” In Jordan, according to the law of family rights of 1951, unilateral divorce is permissible, giving a woman the right to khula’. When a woman applies for kh a’ the court a, points arbitrators to attempt to bring about a reconcii . If the court fails to succeed in reuniting the couple then it permits khula’ to the wife. ‘The Syrian Law of Personal Status of 1950 authorized a woman to stipulate the right to unilateral divorce at the time of her marriage. Thus, the divorce form, talag-a-tafwiz, which prevents bigamy, is allowed. ‘The Iranian Family Protection Law of 1967, does not grant a man the right to unilateral divorce or to repudiate his wife without judicial intervention. The court appoints arbitrators to bring about reconciliation, failing which a certificate of impossible reconciliation is issued by theNeed for Change in Muslim Personal Law for Divorce in India 27 court and then divorce takes place.'* According to the Iraqi Law of Personal Status of 1959, an arbitrator is appointed by the court for reconciliation. However, if arbitration fails, divorce is finalized.'° In Pakistan, the Family Law Ordinance of 1961, does not permit unilateral divorce. A man wanting to dissolve his marriage has to issue a notice. The divorce is only effective after ninety days, if the arbitration by the council fails to bring about reconciliation. Khula’ is permissible even if the husband does not give his consent.” The Family Law Ordinance of 1961 curtails the right to unilateral divorce in Bangladesh. According to the Dissolution of Marriage Act of 1939, women are permitted khula’ depending on the decision of the court.” Recently the Marriage and Divorce Registration Act of 1979 was introduced. In Sri Lanka according to the Muslim Marriage and Divorce Act of 1951, the husband is still permitted to pronounce unilateral divorce. Divorce is effective only after a lapse of three lunar months. Within this period the Qazi, residing in the wife’s natal family area, tries to bring about reconciliation. Khula’ is permitted to a woman when she is able to prove the fault of her husband in the presence of two witnesses. Grounds such as insanity, impotency, leprosy and inability to maintain the wife financially are accepted. Incompatibility and polygamy are not accepted as adequate grounds for khula’. In Malaysia, Borneo and Singapore according to the Family Law of 1955 when a man or a woman wants a divorce, the court appoints two arbitrators, one from either side, to bring about reconciliation. If the arbitrators fail to reunite the couple, divorce follows. In Singapore, the Muslim Ordinance of 1957 insists on registration of divorce by the Shari'a court and the couple has to attend counselling sessions before divorce.” Unilateral divorce is not permitted to the husband in Indonesia. A man and woman have the same right to apply for divorce in the court of law. Conclusion Changes that have come about in Muslim countries have not eliminated discrimination against women entirely. However, new legislation pro- vides women some protection and consequently, women in these coun- tries are faced with fewer problems. They have been getting organized and some kind of social change is evident,28 Problems of Muslim Women in Indi In India, as a result of uncodified divorce laws, Talaq-a-bid’ah is still permitted. Many women are suffering due to insecurity of marriage. It is high time that the Muslim Personal Law Board came forward to initiate changes. It is sad to leam that various sects and Jamiats, who have been progressive within their Jamats, today remain silent after the Shah Bano case. The Hali Memon Janiat-of Bombay, which had previously discour- aged their members from performing Talaq-a-bid’ah and had also pub- lished a booklet against divorce have taken a non-committal stand and withdrawn the booklet. Likewise, the Ismaili Khojas and Bohras who do not recognize divorce unless and until their marriage counsellor or head of Jamat intervenes, do not insist that these liberal practices should be followed by all Muslim sec! Our women must be conscious of their rights and have some knowl- edge of the law. They should understand the changes that have taken place in other countries and formulate progressive laws. They need to pressurize the Muslim Personal Law Board to bring about changes in the divorce law which affects women. One agrees with Tahir Mahmood, a leading lawyer, who calls upon the authorities of Deoband Barul-uloon and the Nadwat-ul-"Ulama of Lucknow, to wake up from their slumber and realize how extensively the principles of Islamic law are being misunderstood, misconstrued, misapplied and misused in their country.** Notes |. Saksena, Kas! . Jain., (1987). 3. The Quran (2:28). }. Baveja, Malik Ram., Women in Islam, p, 2. 1 Prasad., Muslin Law as Administered in the British Period, (1937). 2. 3. 4 5. The Quran, p. 899, 6. 1. 8. . Mahmoon., Muslim Law of India, p 115. . A manual of Hadith,pp.9-25, . Ibid, p. 228. 9. The Gazette of Pakistan, pp. 121-3. 10. A manual of Hadith, p. 284, 11, Mulla., Principles of Mohamadan Law, p. 290. 12, Mainstream, (May 25 1985), p. 18. 13. Mohammed, Tabir,, Personal Law in Crisis, p. 78. 14, Principles of Mohamadan Law, p. 286. 15, Mohammed, T., Family Law Reform in Muslim World, p. 282.Need for Change in Muslim Personal Law Sor Divorce in India 29 16. 17. 18, 19. 20. a1. 22, 23, 24, Ibid, p. 198. Ibid, p. 150. Ibid, p. 280, Ibid, p. 148. Mohammed, Tahir., p. 89. Personal Law in Crisis., p. 78. Murugason, Sudha., The Impact of Counselling in Singapore Family Law, (1987). Chysnul Mar,, ‘Iyah Kalyanaraitra’ On the Condition of Women in Indonesia, Personal Law in Crisis,, p. 5.3 Divorce in Indian Islam — Sherebanu Malik It is axiomatic that any religion or philosophy is born out of the needs of a particular society at that juncture. Similarly, Islam came to subserve the needs and aspirations of the tribes and communities of the Arabian city states. Prior to the onset of Islam, other religions and doctrines like Zoroastrianism, Buddhism, Taoism and Shintoism had emerged in differ- ent parts of Asia. Polytheistic religions flourished in India, Indonesia, Sri Lanka and Egypt. Animistic beliefs prevailed in several African coun- tries. However, Islam claimed to be a universal religion, intended for all times. It emerged as a practical religion and must continue to aid each of its followers, irrespective of race, nationality, language and gender. If we study the social, political, cultural and economic life of the early followers of Islam, we find that Islam adopted various customs, traditions and laws of the people of Hijaz and Najd. It tried to refine those laws and customs without disrupting the socio-political organization of the com- munity. Thus, for instance, the limitation of four wives for a man was a revolutionary step in the days when it was common to take hundreds of women and concubines. Several other customs and practices adopted by Islam were also common to the Semitic races and even African tribes. In a male-dominated society, where women were thought of as chattel, and female infanticide was normal, it was but natural that the rights of divorce were given to men alone. The Prophet had to adapt to the moods of the patriarchal society around him, But, He proclaimed two basic tenets of His religion to be the unity of God and the finality of His Prophethood. He announced to the world that the religion that he was bringing was not a rigid, unchanging and inflexible one. Apart from the fundamental beliefs, every Islamic custom or law has to march with the times. And that is whatDivorce in Indian Islam 31 Islam means - peace. If a society is to remain peaceful, law-abiding and non-violent, then the law it formulates has got to fulfil the needs, and aspirations of every generation. In the last fourteen hundred years of Islam, wherever Muslims have marched with the times, they have pro- gressed. On the other hand, static societies, whether Muslim or non- Muslim, have remained backward. . It is evident from fundamentalist societies like those of Saudi Arabia and Iran, where women are cloistered behind their veils, that progress has been slow despite the outward facades of modemity. In contrast, progress has been phenomenal in Turkey, Malaysia, Indonesia, Syria, Egypt and the nations of the Arab ‘Maghrab’. Women in each of these countries are no longer the victims of tradition. Therefore, the denial of complete equality to the women of Islam, in all spheres and in all matters, cannot be Islamic. The subject of Divorce, Marriage and Charity is dealt with in the second Sipara (Saiquool) of the Quran. The great detail in which this topic is dealt with clearly underlines the divine intention. What is of great significance is the injunction in the 228th ‘Aayat’ which says, ‘And women shall have rights similar to the rights against them, according to what is equitable.’ ‘Walahoona mis-ullazi, Alai-hinnabil maroof walil re-zale Alaihinna darra-zatun’. The commandment in the 231st Aaydt continues the discourse on ‘iddah and enjoins men to offer equitable terms to women. ‘Do not treat Gods signs in jest, but solemnly rehearse God’s favours on you and the fact that He sent down to you the Book of Wisdom for your instruction.’ Then again, important topics such as Women’s and Orphans’ Rights, Inheritance, Marriage and Dower are dealt with in Surat-un-Nisa’. One must remember that the inzal of this Aayat is post-Uhad (i.e., after the battle of Uhad). The unrestricted number of wives of pre-Islamic times is now restricted strictly to a maximum of four, provided each wife is treated with perfect equality in every way. ‘Fa-in-ke-hua, ma-taba lakum, minan nisa eh masna-va-solasa-va- rouba fa-in kif-tun allah ta-dilua fa-va he datan’ (Aayat 3). This strict and almost unrealistic condition prevents a man from having more than one wife. Principles of equality, justice, fair play and good conscience in the distribution of intestate property are propounded32 Problems of Muslim Women in India in the Aayats in great detail. This makes it imperative that the dictates and ordinances of the Quran are not misinterpreted. ‘The Quran admits of the widest possible interpretations as to what is just and proper at a particular period of time. The significant 72nd Aayat of section 10 of the Sipara states: “In-nal-lazina aamanu wal-lazina hadu was-sabe-un-wal nasarg-man aamana-bil-lahe wal yaumil aakhir, wa-aamela salehan, fala-khaufun yah-zanoon.” The Quran says that the Jews, Sabians, Christians, and all those who believe in God and the Last Day and lead a righteous life should have no fear, nor shall they grieve. This Aayat occurs after the Muslims (ie., the Believers) are repeatedly admonished for making alliances with the non- believers and after the Jews and Christians are imprecated for their rebellions against God and the ill-treatment and crucifixion of their apostles and holy men. Significantly, in the subsequent Aayats the blasphemy of the Jews and Christians is mentioned again - the Jews for calling their apostles impostors, and the Christians for calling Christ God, - instead of Son of Mary, and also including God as one of the Trinity. ‘ *Kaloo,- inallaha sale su-sa-lasetun’. Therefore the notion that is assiduously sought to be inculcated in the minds of the Bohras, that we are the only chosen people entitled to ascend to heaven, is contrary to the injunctions of the Quran. On interpreting and re-interpreting Islam in the light of Quranic injunctions, one cannot but arrive at the conclusion that the hardships suffered by Muslim women, particularly in the matter of divorce, have no basis whatsoever in Islamic theology, jurisprudence or secular law. With due respect, I disagree with the views of the learned judges in 209 IC 248, that the Act VIII of 1939, i.c., The Dissolution of Muslim Marriages Act merely codified in Section 2, the Principles of Moham- medan law pertaining to divorce. The law contained in Section 2 of the Act merely states the grounds under which a Muslim woman can obtain a decree for divorce. It leaves untouched the right given to the hushand only to dissolve the contract of marriage at his will, without the interven- tion of a court and without assigning any reason whatsoever. The sufferings of Muslim women, particularly the poorer sections, on account of this Draconian Law is well known. Moreover, litigation is so expensiveDworce in Indian Islam 33 and justice in our courts of law so dilatory, that it is almost impossible for over sixty million Muslim women of India to get any redressal on account of cruelty, or neglect. In my opinion the simplest way to remedy the situation will be to enact a law whereby a Muslim contract of marriage, performed by any Qazi or Mulla, should be made compulsorily registrable. And in the marriage contract itself a talag should be made operative, contingent upon cruelty or neglect by the husband. In addition, the divorce must be made effective by the wife giving a registered notice in writing to her husband that he is guilty of cruelty or neglect and that she wants to have the marriage dissolved. Court intervention should not be necessary, as is the case when the husband pronounces talaq. As Toynbee points out, ‘All growth and progress is achieved by creative elite minorities which bring about a new way of life, either by the masses of people undergoing the actual experiences of the creative elite or by Mimesis which has been the only alternative route for Progress for an overwhelming majority of the world’s population. The inspira- tional idols of one age invariably become the tokens of liability in another.” We, in this reform movement, are the minority creative elite in a multi-ethnic and multi-religious nation called India. How long are we to Temain prisoners of an ossified theocratic oligarchy which has usurped the idioms of an apostolic past? The Holy Quran has forewarned us of this happening. Sipara 1X Aayart 31 says: “They take their priests and their anchorites to be their lords in derogation of God.’ “Itakhuzu wa Ahbarahum wa-rohbanahum azbaban min dooni-llahe? ‘The institution of divorce is only a small item in a programme of a revolution that we must bring about - a revolution that will sweep aside this corrupt, greedy and acquisitive family oligarchy which is taking advantage of the ignorance and gullibility of the community.4 Muslim Women’s Right to Inheritence Shari‘a law and its practice among the Dawoodi Bohras of Udaipur, Rajasthan — Zenab Banu In Islam, both men and women stand on an equal footing with regard to their relationship with the divine. Women, like men, are in need of redemption. Islam does not consider a woman to be an impediment to religion, nor does it consider her the cause of man’s downfall. The Quran is replete with injunctions aimed at improving the lot of women who, in pre-Islamic times, held inferior and servile positions. It is a fact that Islam provided a much higher status to women than what was accorded to them earlier. The reason for this was that the social standards of the time were very different from those of today. However, with the passage of time, and with various developments over the centuries, women assumed disadvantageous or inferior positions. A woman’s right to inheritance is one of many examples. Islam prescribed shares in the property for the wife, daughter, mother, sister and grandmother. This general rule is based on the belief that the female was to inherit half of what the corresponding male would inherit. However, this rule of equality has been violated and has now become the victim of unreasonable and orthodox practices. Thus, the women’s right to hold or inherit property is sekiom upheld in practice. This is largely due to the absence of education and a lack of awareness of the Shari‘a laws. In the Indian socio-cultural setting, heavy expenses on marriages and the prevalence of unhealthy customs go against women. It would be appropriate to ask the following questions keeping in mind the Indian social context. 1. To what extent are women’s rights to inherit honoured in IslamicMuslim Women's Right to Inheritance 35 society? Do Muslim women actually get their share of movable and immovable property as prescribed in the Shari‘a law? 2. Is it true that Muslims are highly conscious about the Shari‘a laws? Do they strive to obey the Shari‘a laws in their everyday lives? 3. Are the Shari‘a laws obligatory in nature and do they apply equally to all men and women? Or, are the provisions of the Shari‘a laws implemented so as to bestow domination to male members of the Muslim community? While analysing these questions we have to keep in mind that a common civil code has been opposed by many Muslims simply because it advo- cates equal rights in every sphere to all Indian citizens irrespective of sex, caste, creed or colour. ‘The present paper attempts to answer the above questions. An enquiry was conducted to find out the reactions of a section of Muslim men and women of the Dawoodi Bohras of Udaipur. About fifty persons of different ages, educational backgrounds and income groups were inter- viewed by the oral enquiry method. Respondents were first asked about their awareness of the Shari‘a laws, An overwhelming majority of thirty respondents (fourteen male and sixteen female) responded in the negative. They said, ‘We are just acquainted with the terms but cannot explain the meaning and the spirit behind the Shari‘a laws’. On enquiring why an educated Muslim did not know much about the Shari‘a laws, which governed their socio-eco- nomic and religious lives, thirty-seven out of the fifty respondents said, ‘Let alone the laws, we do not even know the core principles and teachings of Islam. We are “Dawoodi Bohras.” We know we are “Shias” but we do not know what type of “Shias” we are and to which sect we belong. We can recite the Kalma, perform Namaz and read the Quran in Arabic without knowing the meaning, essence and teachings of the Holy Book. We believe in D’awah (mission) an institution established for preaching the Shia-Islamilia faith.’ The ‘D’ awah’ is headed by a religious figure called ‘Da’i’ known as Syedna Saheb. At present, Dr. Mohammed Burhanuddin Saheb, is the Da’i who is the 52nd in succession after Imam Tayab went into seclusion. We do not know the names of all the previous Davis in their chronological order. Most of us do not even remember the name of the fiftieth Da'i the grandfather of the present one.’ All the respondents displayed a poor knowledge of who their spiritual leaders were. This ignorance is all the more disturbing since the36 Problems of Muslim Women in India Dawoodi Bohras are known for their high literacy rate (almost 100 per cent). They are also considered a close-knit community - liberal, secular, modern in outlook and civilized in their social and personal behaviour. After the revolt against the Syedna’s interference in secular matters, the Bohras were expected to have a thorough knowledge of the Islamic religion and the Shia faith. Yet, not only did twelve respondents have a superficial knowledge about the Shari‘a laws, but also, ten among them were from the reformist group of the Bohras. Il In pre-Islamic Arabia, property passed down the male line primarily to male heirs. The Quran, while sanctioning the rights to these heirs, adds twelve more categories of heirs, eight of which are for women. These are known as ‘Quranic heirs.’ It is imperative for a woman to be able to read the Quran, not only from the angle of being literate and acquainted with her religious text, but also in order to know her rights of inheritance. Five great jurists have each founded major schools of Muslim law,' namely Imam Jaffer (AD 765), Imam Abu Hanafia, Imam Malik (AD 795), Imam Shafee (AD 820) and Imam Hanbal (AD 855). Laws laid down by Imam Jaffer are followed by the Shias and the other schools followed by the Sunnis. In India, the cases of Sunnis may be decided in accordance with the opinion of one of the four jurists. However, this paper is confined to the study of inheritance among the Dawoodi Bohras - a Shia Ismaili sect. Respondents were asked to express their knowledge about women’s rights to inheritance according to Shia laws. Most of them were confused while expressing their knowledge of the right. Thirty-two (17 male and 15 female) out of 50 respondents manifested their ignorance in this regard. The frequency did not vary much from male to female. According to Shia laws, if a man has only daughters and no sons, they inherit more than they would under Sunni laws. A single daughter takes half of the estate and if there are two or more daughters they collectively take two-thirds of the estate, dividing it equally amongst themselves. The respondents in this study were asked to react to this and to explain what portion of a man’s property goes to his daughter. Thirteen respondents stated as one-fourth of the total, eighteen said one-third, while twelve said it was half of the total share - a son would get double that of a daughter. When asked to specify what they themselves got, or were likely to get by way of inheritance, thirty-three respondents said that they would receive a few thousand rupees in either cash or half cash and half credit.Muslim Women's Right to Inheritance 37 This would depend on the prevailing practice in the community. All other immovable and movable property, cash, gold, silver, heavy copper and brass utensils, etc., are distributed among the sons. In the past a woman’s omaments were given to her daughters after her death, But nowadays gold omaments are also equally distributed among sons and daughters. One respondent said that her father had categorically stated that whatever property had been registered in a daughter’s name, or in the name of a son, mother or wife would go to him or her irrespective of its market value. But, she revealed that it was all preplanned according to the prevailing Bohra practice. ‘I did not receive what I was entitled to according to the Shari‘a law. My share was about ten times less than that of my brothers’ share. | often told my father that it was a violation of the Shari'a and the firman (commandment) of Prophet Mohammed (S.A.). But he’d conveniently change the subject.’ An irate thirty-four year old woman was highly dissatisfied with the discrimination she faced on the basis of sex. ‘My sisters and I were equal partners in our father’s firm. We signed every legal document, tax retums, cheques and other relevant papers. After my marriage I took up a government job. However, I was apprehensive about my services being terminated, or a charge of irregularities being instituted against me, if the authorities found out about my involvement in the family business. Therefore, on several occasions I requested my father and brothers to free me from the partnership deed but, this was to no avail. After my father’s death, it became necessary to redraft the deed. It was only then that I was relieved from the “dummy” partnership. Although my sisters and I were original partners we were never given our share of the profits. We had every right to claim what was due to us but never did because we knew the entire arrangement was ‘formulated to avoid payment of taxes.’ The Bohras are very particular about roza, namiaz, zakat, Haj and all other principles of Islam. They claim that they are the true followers of Islam. However, in reality it is quite the contrary where a daughter’s inheritance is concerned. They feel no sense of guilt or accountability to God and the Prophet for violating the laws of inheritance. Keeping this in mind we asked them a general question as to whether Shari‘a laws are obligatory to every Muslim. It was interesting to find that all the replies were in the affirmative. But, when we asked them whether it was only that section of the Shari‘a which ensured male domination which was obeyed, the male respondents declined from answering while some female respondents, particularly the educated ones, said ‘yes’. Nearly38 Problems of Muslim Women in India eight per cent stated that the opposition to the Shah Bano judgement was because it threatened male domination. In our observation, a daughter among Dawoodi Bohras of Udaipur is generally deprived of her share of the inheritance. She is usually given only a few thousand rupees. One respondent, who happens to be a father, said, ‘I have performed my duty by giving five thousand rupees to each of my daughters.’ On enquiring whether his daughters have accepted this as their share he replied, ‘Why not, after all it is the will of their father and a daughter is born to obey her father or her brother in the absence of her father,’ It shows that a woman has no option but to obey and respect the feelings of elders in the family. One old woman explained that as sons, rather than daughters, support and look after parents in their old age, (daughters leave after marriage for their husbands’ homes), sons should inherit the parents’ property. In a few cases daughters exhibited courage in questioning their fa- thers’ decisions and consequently they got a little more. But, by getting a little more the fathers’ affection turned to hostility. It has been found that when a man has more than one daughter the men in the family often adopt ‘divide and rule’ tactics in drawing up a. will or dismiss the daughters” significance altogether. If the division takes place in the lifetime of the father, the daughters seldom object. But, if the matter is decided after his death then a sister may contest the will. Objections are usually confined to words alone. It is on rare occasions that a daughter/ sister dares to take the matter to a civil court, One case study is sufficient to highlight the point. A man who had six daughters and four sons left behind a handsome Property worth millions. During the division of his property a dispute arose among his heirs. One of the daughters filed a ‘partition suit’ in the District Court of Udaipur. The petitioner was a widow who resided in her father’s home. Subsequently, the other sisters also filed similar suits independently. The case is still pending. When we probed more deeply into the case we found that one of the brothers himself instigated his sisters to file the suit against the others. Later on, it transpires, he tured tables and sided with his brothers. This caused a rift amongst the brothers and sisters who are no longer on talking terms. ‘The above case study throws some light on why women are often reluctant to file court cases. They are aware that these cases invariably breed animosity and lead to never-ending litigation. All this destroys the harmonious brother-sister relationship which is such a vital element ofMuslim Women's Right to Inheritance 39 the Bohra social structure. We interviewed a leading Bohra advocate who practises in the District Court of Udaipur. We asked him to provide us with information about the partition suits which have been filed by a Bohra daughter/sister. These suits usually pertain to challenging the partition deed or demanding a just share as a Quranic heir. Interestingly, he responded by saying, ‘In my forty years of practice 1 have so far pleaded only two or three cases relating to partition of property in favour of Bohra women. Til Dower-Mehr Dower is the sum of money or immovable property which the husband gives to his bride at the time of marriage. This ‘is known as ‘prompt’ dower. There is another practice known as ‘deferred dower’ which is a settlement for the wife as a token of respect for her. Eyen if no sum is actually mentioned in the marriage ceremony, the wife has a right to ‘proper’ dower, fixed by the court, which she can claim even after her husband’s death. She is entitled to claim her dower from his estate and it is treated as an unpaid debt which must be paid before the heirs get their shares. Dower can be an effective instrument in providing a woman financial security after her husband has passed away. This implies that the widow is the only heir whose share can be increased at the time of executing the will. Unfortunately, among Dawoodi Bohras the dower fixed is usually a nominal sum - forty-one to one hundred and one rupees only. Conse- quently, this practice also deprives a woman of the opportunity to receive something substantial from her husband’s property. Notes 1. Kishwar,Madhu,and Ruth Vanita., “Inheritance Right for Women”, Manushee, No. 57, (March-April, 1990), p.3.5 Women and the Dawoodi Bohra Reform Movement An Overview With A Case History — K. Mistry Introduction Minority women, especially Muslim women, are barely visible in the literature of the social sciences and when studies (Jacobson, 1976; Jeffrey, 1979; De Steurs, 1980) have been conducted, they appear en- trenched in the practice of traditional and archaic customs like purdah, rather than seriously challenging and questioning the status quo. With the exception of Minault’s work (1981, 1982) when Muslim women have participated in public life such as the nationalist movement (Saxena, 1988), Khilafat movement (Saxena, 1988), and the women’s movement of the nineteenth and early twentieth centuries (Everett, 1979) there is no literature available focusing entirely on their contribution and effort. The purpose of this paper is to focus on Muslim women whose contribution to the public sphere remains invisible in the historical process. These women deserve their due share of recognition for breaking away from the stereotyped roles and they should be regarded as role models for young Muslim women. A case study helps to illustrate the role and nature of women’s participation in the Dawoodi Bohra reform movement. Special emphasis is laid on the impact that women had on the movement, the opportut s it opened for them, the special issues it addressed, the nature of the strategies adopted, etc. The Dawoodi Bohras' ‘The Muslims in India consist of two sects: the Sunnis, the larger of the two, and the Shias. The Shias are divided into two major subsects: the Ismailis and Ishna Asheris. The Bohras belong to the former. The subsects within the Bohras include groups such as the Dawoodis, Sulaimanis, Alyias and Mahdi Baghs. The Dawoodi Bohras constitute the largest sect.Women and the Dawoodi Bohra Reform Movement 4l Such divisions arose either over disputes concerning who the true repre- sentative of the Jmam (messiah) was or because of reformist activities within the larger group which resulted in breakaway groups. Population estimates of the Dawoodi vary; an authoritative source puts them at halfa million, with fifty per cent residing in India. Approximately half of these live in the states of Maharashtra and Gujarat and the rest are scattered mainly in Madhya Pradesh and Rajasthan. Those residing outside India are found in Pakistan and East Africa (Engineer, 1980). The Dawoodis - a highly organized sect - have a spiritual head or high priest known as Da’i, Maulana ot Syedna. The social structure of the Dawoodis can be described as semi-feudal in nature. The clergy exercises considerable control over its followers both in religious as well as secular matters. The authority is dogmatic, directive and institutionalized. The Dawoodis cannot marry, bury their dead or start a charitable organization without prior permission from the high priest. Since the tum of the twentieth century there has been a reform movement, within the Dawoodis, whose main goal has been to resist and limit the authority of the clergy to the spiritual sphere. Women initially played an indirect and then a more direct role in this movement. It was only in the mid-1980s that, for the first time, a lone Bohra woman challenged the authority of the clergy (Surendran, 1991). Brief history? and conceptual framework of the reform movement The history of the modemist movement can be broadly classified into three periods. The economic elite of the community accumulated wealth either by trading with the British or as a result of export business in SE Asia and Aden. A direct result of this was their exposure to modemizing influ- ences. These elitist groups contributed enormous funds to the priestly treasury, for the benefit of the less privileged community members. For the same purposes, other sethias formed charitable trusts which were later forcibly taken over by the clergy. Besides the sethias, some of the initiators of change were influenced by communism and Gandhian phi- losophy. The third category were leamed religious men, well-versed in Islamic theology, who gave a modemist interpretation of the Quran. These individuals considered certain practices which were popularized by the clergy as un-Islamic. The scope of the movement was limited to a few families and to towns with sizeable Bohra populations. Gradually momentum gathered leading42 Problems of Muslim Women in India to co-ordinated activity among the different families and consequently annual reformist conferences. The first All India Dawoodi Bohra Reform- ist Conference was held in January 1944. It did not develop a strong organization but a kind of a loose network was maintained all the same. Phase I After the World War I, in the eastern world, nationalism and not religion was the controlling factor which determined the whole direction of the life and thought of Asia. Before the War, pan-Islam was the guiding spirit for the Muslim world. Easterners now looked westward, since the models of nationalism were in the West. In the quest for success, measured by modern or Western national standards, the East was compelled to break old ties and form new alliances which were no longer determined by the dictates of religion. Islamic countries such as Turkey and Egypt made efforts to harmonize religion and progress and tried to imbibe the spirit of secularism in individual thought (Woodsmall, 1930). Sweeping changes occurring in several Islamic countries had an impact on the Muslims of India. Among the Bohras the first demand was the establishment and spread of Western style education for boys. This was followed by a desire to improve the socio-economic status of the community. This was mani- fested in the demand that the clergy be made accountable for the enor- mous funds collected from the community in the form of taxes, endowments and offerings at shrines and a corollary of this demand was challenging the high priest’s exemption from the Mohammedan Wakf (Trust) Act of 1923. ‘The time frame for the first phase was between 1917 to 1930. During this period women by and large played a passive role, extending moral support to their family men and withstanding the rigors of social isola- tion. Phase Il In the general process of redefining Easter life on a modem basis, the emancipation of women became a critical indicator of the progress of Muslims. Hence the mid and late 1930s’ concern of the reformists with the question of women is a direct result of the changing role of women in other Islamic countries. Other contributing factors are, the progress made in improving the status of Hindu women by Hindu social reformers and women’s organizations and the impact of liberal Muslim thought in IndiaWomen and the Dawoodi Bohra Reform Movement 43 as exemplified by Sir Syed Ahmad and the Aligarh movement. The All- India Muslim Women’s Association at their conference held in 1929 sought to promote the educational and social interests of the women of the Muslim community. The early 1930s saw the establishment of the Bohra Youth Association for cultural and educational purposes in Karachi. In the mid-1930s. the Association took up issues conceming women’s emancipation-specially women’s education, abolition of purdah, and the neéd to draw women out of the confines of their homes to play a more public role. This period also saw women coming forth directly for the first time to participate in the movement. They wrote, gave speeches and assumed a more companion- ate role with the family men in the struggle for reforms. It must be mentioned here that questions of women’s emancipation remained sec- ondary to the movement. Forces - progress made by women of other communities in Wester India and changes in the role and status of Muslim women in the Middle East - other than the reformists’ struggle against the clergy’s power became a vehicle for examining gender inequality among them. The second phase stretched approximately from 1930 to the beginning of the second World War. The period between 1946 and 1950 was characterized by a lull in reform activities and this could be attributed to the pre-partition riots, followed by the partition of the country and an uncertain future for the Muslims who remained in India. Phase Il Regarding the third phase of the movement, the adoption of the ideology of nationalism, even ostensibly non-political movements cate to acquire a political colour during the Independence struggle (Heimsath, 1964). This political colouration was also manifested by the Bohras who de- manded decentralization and democratic rights. Independent India was characterized by rapid urbanization and industrialization and planned economic development. A series of new social legislations, undermining several traditional values and extending protection to ‘weaker sections’ was also passed. Together with this was a firm commitment to socialism, secularism and democracy (Oommem, 1977). Each of these elements could have influenced the nature of the demands and the arena of conflict between the clergy and the reformists. In the third phase after Independence lasting roughly between 1950 and 1975, the demands centred around democratization, decentralization44 Problems of Muslim Women in India of power and greater individual autonomy. For example, the reformists demanded greater say in managing the affairs of the local Jamat (council) by having members duly elected to it rather than appointed by the clergy. The activities of the reformist group reached a climax in the early 1970s in the town of Udaipur. In the local municipal election, the clergy tried to influence the Bohra votes in favour of certain candidates whereas the local Bohras preferred some other candidates. The clergy’s candidates were however defeated and this marked a tuming point in the struggle for democratic rights (Engineer, 1980). In order to fulfil their demands, the strategy adopted by the reformists was to file cases in court. The publicity of these conflicts was limited to community publications and the Gujarati press. The second phase was characterized by both men and women writing on women’s issues in reformist papers, giving speeches, etc. After Independence, not only the nature-of the demands, but also the strategies adopted, the extent of public coverage given, and the demo- graphic characteristics of the movement underwent a dramatic change. In addition to simply filing court cases, publications, posters, pamphleteering, processions and direct action were also resorted to. The struggle received nation-wide publicity and was reported in several English language dailies and magazines. The movement also began to be infused with middle class youth. The aims of the movement were justified in terms of an Islamic framework, e.g., according to Islam, tax contribution is for the benefit of the poor, and not to enrich the clergy, education is a right granted to both sexes and women need not observe strict purdah, After almost a century of struggle, and several victories to the credit of the reformists, the major issues of the movement remained unsolved.* Overview of literature Two comprehensive write-ups (Sanchawalla, 1975; Engineer, 1980), about the reformist movement among the Dawoodi Bohras, have only a few lines to say about the role of women in this struggle. The second study mentions less than a dozen names of women and almost exclu- sively in the context of how the participation of the family men affected women’s lives. In his chapter on ‘The Revolt in Udaipur and its After- math’, Engineer (1980), touches on women as innocent victims of the clergy’s wrath who seek retaliation rather than as active supporters of reform and social change in the community. He also points out that for aWomen and the Dawoodi Bohra Reform Movement 45 variety of reasons - minimal education, confinement to the domestic sphere, lack of interaction with women of other communities, fear of social boycott and lack of courage - women in fact had considerably hampered the progress of the reform movement. As a result, women were seen as presenting a ‘peculiar problem’ to the veteran fighters for justice in the community. As the brunt of social boycott was borne predomi- nantly by women there may have been cases where women were respon- sible for, pressurizing men to beg forgiveness of the clergy and withdraw from reformist activities, However, this would be overlooking the contri- bution-of women whose commitment to social change was unquestion- able. In any case, a more systematic investigation would throw more light ‘on the matter. It must be remembered that the reformists themselves made a belated beginning regarding the question of women’s emancipation. Again the men were able to carry out an active public role precisely because women took care of the private one. In the first third of the twentieth century there were conflicting pressures on women to uphold tradition on the one hand and break out of traditional practices on the other. The fact remains that several families actively participated in the reform movement and it is important to study the contribution of the women of these families. This paper is part of an ongoing project to systematically examine reformist publications, interview women from families actively involved in reform work and to get a clearer picture of the nature of women’s Participation in the movement. A case history Several Bohra women who participated in reform activities were inter- viewed. Presented below is Kulsum’s* case, fairly representative of her role and involvement. She was interviewed for two-and-a-half hours at her home. Brought up in a fairly liberal atmosphere, her participation moves from passive support to active involvement. Kulsum’s life departs, in a number of ways, from the prevailing norms in the, Bohra sect. For her own age group she is a pioneer in many respects. She is one of the earliest women to benefit from English education, and to strike a balance be- tween an active public life and her duties within the home. She had a late marriage, an awareness of the powerless status of a married women, followed by a divorce and a subsequent love marriage. Her participation in reform work is central to her identity covering her entire life and spanning practically all the issues of concem to the reformists.46 Problems of Muslim Women in India Kulsum is a sixty-five year old widow living with a young nephew in a small one-bedroom flat in suburban Bombay. She is a frail, delicate woman packed with energy and power, articulate and assertive. She was wearing a maxi wom by Sunni Muslim women instead of the traditional Bohra clothes, viz., ghagroo-odhnu. She is originally from Gujarat but spoke in Urdu. She lost her husband eight months ago. She believes a woman should not observe ‘iddaht by sitting in a comer of her house with white sheets around her. She could stay in the house and move about freely there, She does not wear the rida (Bohra style purdah). She has actively participated in the reformist movement for the past forty years and till today continues to attend their meetings, conferences and aware- Ness programmes. Kulsum was bom in 1926 in Shidpur, Mehsana district in Gujarat. She studied in Shidpur upto class seven. Bohra families in Shidpur were well off. There were only a handful of lower middle class families. The Bohras of Shidpur are Brahmin converts who still retain many Hindu customs and rituals such as sprinkling rice, applying turmeric paste on brides, placing a colourfully painted maski (pot) in a new house, etc. Her father was a mulla - well versed in Islam. He received his religious training from maulavis coming from Udaipur. He realized that there was no sense in merely rote -reading the Quran in Arabic. It was important for him to understand the meaning of the Quran. He taught his children Urdu so that they could read the Holy Book for themselves and understand its meaning. As a result of his religious training her father had developed a certain attitude towards the organized clergy among the Bohras. When he was called by the clergy, he did not rush to meet them, but would complete whatever he was doing before leaving. He was not awed by authority or interested in pleasing them. Her father was a reformist in his thoughts and believed the D’awah (organization of the Ismaili missionar- ies) was true only upto the 48th Da‘i and thereafter the whole question of nass was debatable. He disagreed with some of the rituals that had been introduced such as wearing the ta’wiz (blessed talisman) or drinking, water over which the high priest had blown. According to him this was un-Islamic. Her mother was not only a believer in the clergy but also very scared of their power. Her father would talk to the children about his reformist thoughts in the absence of their mother. He encouraged them not to go to wa’iz (sermons) or majlis (religious gatherings). He stated that prayer comes first. In Shidpur, sometimes the wa’ iz would continue till 2 p.m. and the family would miss the afternoon prayer. ‘Prayer comesWomen and the Dawoodi Bohra Reform Movement 47 before wa’iz and majlis’ he'd say to his children. These were some of the things with which her father disagreed and influenced her in the same way. Besides being a Maulavi her father also had a hardware business in Bombay. He divided his time between Shidpur and Bombay. By the time she was eighteen Kulsum had learnt the tactics of a good argument from her father. She was pleased that her thoughts resembled his. Kulsum married a cousin at the age of eighteen. Within five years the marriage ended in a divorce as her husband rarely stayed at home. In 1946, based on the experience of her own marriage and a few other marriages of Bohra women around her, she wrote an article in Begum (a women’s joumal in Gujarati) titled Shukmar Patni Noo Mokenae Bhatakto Purush (“A Timid Wife’s Wandering Husband”). There were cases of desertion and neglect of women in Shidpur. A woman was only the queen of the kitchen, bearer of children and obedient to her husband. She had no independent thought of her own, rarely stepped out of the home, and was not financially independent. She did not know the meaning of freedom and self-determination. When the paper was pub- lished, Bohra women in Shidpur accused her of being a free thinking woman. She came to Bombay at the age of twenty-four and joined the Jain Mahila Mandal to leam English. She joined the Singer sewing class for two years to leam machine embroidery. After that she studied Hindi at the Kabibai school. In the meantime she fell in love with one of her brother’s friends who was a pucca sudharak (staunch reformist) in his thoughts. He never went to majlis, wa’ iz, or the masjids. A number of incidents had occurred in his youth that had reshaped his thinking. On one occasion, a local ‘Amil led a congregation to pray since the bhaisaheb (person higher in hierarchy than an ‘Amil) who was supposed to nave led the congrega- tion was late in arriving. When the latter finally arrived he said that a local ‘Amil could not lead the prayers and asked him to step down so that he could lead the congregational prayer all over again. This upset Kulsum’s husband very much. After marrying him, like-minded individuals held secret meetings to discuss the clergy’s un-Islamic practices, and the manner in which tax money was utilized. For example, Bohras perform Sajda (prostrate) before the high priest which is un-Islamic. They would question why zakat should be paid to the clergy when it can be given directly to the poor. They felt strongly about the idea of Bohras relying on the Quran and Allah and not on intermediaries. About fifteen to seventeen men and five7 Problems of Muslim Women in India women were usually present at these meetings. All the men were vakils (lawyers) and so there was no scope for women to give any suggestions. They sat silently and listened to the men’s discussions. The women would write down some of the points discussed and when they went shopping they would slip these handwritten notes quietly into Bohra owned shops- At this stage, they did not profess openly to being reformists. If they had the shop-owners would have beaten them up. Later on they started cyclostyling the material and left them at the shops. The objective was t0 inform people of the happenings in the community and make them aware of the power exercised by the clergy. During these meetings they also prepared a list of the poor Bohra families living in the mohallas. The list was published occasionally in a reformist paper so that charity could be given directly to the needy. Kulsum attended approximately twenty such meetings. Her husband never imposed his decisions on her and he warmed her that things could get rough. But, he supported her fully. She also started attending Bohra reformist conferences, the first of which was held in Bombay in 1944. The conferences took place every two or three years. She attended all the conferences except one when she had a baby. Her two eldest sons were looked after by her older brother who had no children of his own. She carried her six-month old child with her to the Ahmedabad conference. There would be about fifty men and seven or eight women at these conferences. Women attended but did not participate at these conferences. But happenings in Udaipur in the 1970s changed all this and ever since the mid-1970s the number of women delegates has increased, At the last conference held in Bombay, fifty per cent of the delegates were women. About ten women wore masks for fear of being identified by their own families. They were afraid about how their families would react to their attendance at such meetings. ; After the first conference the pictures of some of the men, including her husband, were published in Gujarati papers, including the Gujarat daily, The Bombay Samachar, This went unnoticed. Things did not heat up at the time. But the conference led to the demonstration of the demand for election to the local Jamiit. Groups of six to seven members marched in different areas holding placards. The same group of women that had informal secret meetings earlier were given the task of going into the Bohra mohallas. They went up to Saifee Mahal (the residence of the clergy) and left their flag inside the gate. They were arrested during, this demonstration and released after having spent an hour in jail. The jail- keeper was an understanding man and gave them tea and snacks. WhenWomen and the Dawoodi Bohra Reform Movement 49 they came out of the police station an unknown Bohra garlanded them with flowers. The pictures of the demonstration and procession appeared in The Times of India and The Bombay Samachar. The photograph of these women holding placards which read “We want elected Jamat’ was Published in the The Times of India of Jan 24, 1965. Kulsum participated in two of these demonstrations for the democratization of the local Jamat. After this incident she wrote a letter to the editor of The Bombay Samachar about the demonstration and the reformists’ demand. In late 1965 and early 1966 when the present mullaji took over, she was part of the delegation that sent him a memorandum of their demands. After Shashi Bhusan’s speech’ things took a serious turn. They received nasty letters containing obscenities, and threatening them with ruin if they did not call off their demands for a democratically elected Jamat. Once it was in the national papers they came out into the open as reformists. ‘The consequences of having participated in the reform activities were quite trying. They were officially boycotted. Her mother’s side severed all ties with them as did her two uncles and aunts. Her sisters-in-law refiised to visit them but her brothers did. Her mother cried and could not be consoled and thereafter her health deteriorated. At night Kulsum started visiting her secretly. Her father was no longer alive to see her participate in these activities and feel proud of her. Her in-laws continued to maintain relations with them. Her husband had five brothers and four sisters. He was a vakil whose clients were Bohras. They were living in the heart of the Bohra mohalla when they came out in the open, She had a menij group (a circle of ten to twelve permanent women friends) which asked her to resign. She asked them to demand the resignation in writing which they were not prepared to do. Eventually, it was decided to disband the entire group because the deadlock could not be broken. Bohra neighbours came and broke the glass panes of windows of their home. They had them fixed a couple of times but eventually settled for cardboard ones. Someone would leave faeces outside the house every morning. The children were socially ostracized and not allowed to play with the other children. All this lasted for one year. Her husband's profession was also adversely affected. His clients took away their files; some hurled obscenities at him, others were apologetic that they could no longer hire him to do their business. He lost all his clients and had no new ones. He became very worried and she was afraid that he would apologize to the clergy and this was the time when she supported him and gave him strength and said to him that Allah would ensure rozi (provision). His50 Problems of Muslim Women in Indi father was a wealthy man but her husband refused to take help from him Slowly he started getting non-Bohra clients - the first were two Hindus who ran the shop below their building. Eventu:illy they were compelle¢ to move to a more cosmopolitan area. Even today Kulsum is actively involved in the reformist movement. She says that the major accomplishment of the movement has been Jjagrati (awakening) in the community. Almost fifty per cent are awak- ened though they do not confess it openly. The outcome has given her strength and courage. According to her, the biggest problem of Bohra women is that they are ignorant and cowardly, educated but not enlightened. Notes 1. For a detailed note on the Dawoodi Bohras see Engineer, A.A., The Bohras, Vikas, (New Delhi, 1980). 2. Ibid, for a detailed history of the reformist movement, 3. The application of the Wakf Act would force the clergy to subject the Dawoodi Bohra Wakf properties to the control of the Wakf Board and thus would no longer be under his absolute control. 4, For the limited success of the reform movement see “An Analytical Review of the Reform Movement” in Engineer, A. A., op. cit. 5. A fictitious name has been used to protect the identity of the subject. 6. A widow observes strict seclusion for a period of four and a half months immediately ‘on the death of her husband during which she does not sce the face of any male except close kin. 7. Shashi Bhushan, an M.P. of the then ruling Congress party addressed a meeting where he assured the audience that he would take up the issue of the Mohammadan Wakf Act in parliament. References ye Engineer, A. A., The Bohras, Vikas (New Delhi, 1980). . Everett, M.J., Women and Social Change in India, Heritage (New Delhi, 1979). |. Heimsath, C., Indian Nationalism and Hindu Social Reform, Princeton University Press (Princeton, 1964), 4. Jacobson, D., “The Veil of Virtue: Purdah and the Muslim Family in the Bhopal Region of Central India."" in Ahmad, I. (ed.) Family, Kinship and Marriage among Muslims in India, Manohar (New Delhi, 1976). . Jeffrey, P., Frags in a Well: Indian Women in Purdah, Vikas (New Delhi 1979), .. Minault, G., “Sisterhood or Separatism? The All-India Muslim Ladies’ Conference and the Indian Nationalist Movement.” in Minault, G. (ed.) The Extended Family: Women and Political Participation in India and Pakistan, Chanakya Pul e awWomen and the Dawoodi Bohra Reform Movement 51 i. 12. ). Saxena, P., “Women's Parti (New Delhi, 1981). |. Minault, G., “Purdah Politics: The Role of Muslim women in Indian Nationalism, 1911-1924" in Papanek, H. & Minault, G. (eds.) Separate Worlds: Studies of Purdah in S. Asia, Chanakya Publ., (New Delhi, 1982). . Oommen, K. T., “Sociological Issues in the Analysis of Social Movements in Inde- pendent India’, Sociological Bulletin Vol. 26 #1. (March, 1977) pp. 14-37, ). Sanchawalla, H., Souvenir: Charity Program, Bombay, Progressive Printing Press, (Surat, 1975). in the National Movement in the United Prov- inces, 1937-47, Manushi #46, (1988), p.2: Surendran, “Defying the Dictat"’, Femina. (Sept. 1991), p47. Vreede de Steurs. Parda: A Muslim Women's life in Northern IndiaHuma Press, (New York, 1980). 8 . Woodsmall, R., Muslim Women Enter a New World, George, Allen and Unwin, (First Published in 1936) (London, 1983).6 The Process of Modernization in India and the Changing Status of the Muslim Women — Sushila Jain Introduction The socio-cultural transformation initiated four decades ago and the one planned for the coming decades aim at the structural changes which could meet the emerging needs and aspirations of the people, not only of the weaker and underprivileged sections but of all segments of our society. The collective goals we planned to achieve in the very first decade of the republic were social, economic, political and cultural. Equality, justice and freedom, rationality and individualism were our social goals. Our economic goals were distributive justice and economic rationalism replacing economic theology. The political goals were establishing a political system where the ruler is accountable to the ruled, political power is decentralized and more and more people are associated with the decision making processes. Change from the sacred to the secular ideology was our cultural goal. Keeping these goals in view, modemization in India after 1947 has been directed towards the reconstruction of institutions to“deal with and assimilate technical changes, to initiate economic progress and to coun- teract inequalities of the traditional system of social stratification based on ascription. The establishment of democratic political institutions has resulted in an increase in the degree of politicization of the people. The conscious separation of the state and religion in the constitution has established a secular tradition (Smith, 1963) which has enabled the government to deal more effectively with a plural society.’ To counteract the traditional system of social stratification, the gov- emment has redefined status so that an individual’s ascribed status,The Changing Status of Muslim Women 53 whether in terms of the strata of birth or caste, wealth or class is secondary to achieved status.? Cultural stratification tends to persist in modem structures, However, as social change is beginning to take effect, and education, occupation and income have their own status symbols, old divisions are starting to lose their cultural significance and new ones are beginning to emerge.> These changes have been brought about through increasing polit- icization and social and economic legislation which guaranteed every Indian citizen equality before the law and a number of inviolable rights, e.g., the Hindu Code Bill has cut across caste and class lines while the Special Marriage Act has cut across community lines. Economic legisla- tion has sought to reduce economic inequalities through land reforms and labour legislation. This has had an integrative effect, since it has dissoci- ated the power and class structures from community, kinship or caste affiliations. Their importance has declined due to market mechanisms and differentiated power bodies, such as panchayats, political parties and trade unions.‘ However, in a plural and stratified society-as India, these homogeniz- ing trends, so basic to the goals of modemization, have created social disequilibrium.’ Communities have found the process of subordinating, their individuality a painful experience since it appears to threaten the identity of the community and increase domination by other groups. The Muslim community in India can be best seen in the context of a number of minority groups struggling to preserve their respective identi- ties even as they compete for the rewards of economic development. My interest here primarily is in exploring the impact of these social changes on Muslim women as well as their perception of their status and role as members of families. It is a study of the Muslim community and the larger and more heterogeneous Indian community. Have Muslim women realized these goals? If not, what are the factors which act as barriers to the modernization of Muslim women, which eventually prevent them from achieving equality of status and opportu- nity in society? The issues involved in their modemization reflect the socio-economic and religious structures and cultural norms in society. Here an attempt is made to examine the question of modemization in terms of a) awareness and access; b) socio-economic and educational background and outcomes; and c) political participation. Given the socio- cultural and political disabilities of women in their religious scriptures as interpreted by their religious elite, women’s progress in literary54 Problems of Muslim Women in India enrolment, employment and status has not been very remarkable as they are not effectively deriving the full, benefits of equality legislation in independent India. The question is, should women’s claim to various rights be based on their awareness or their needs? What are the social, psychological, cultural and administrative problems associated with the implementation of legislative decisions pertaining to women? Research ‘The present research was undertaken to assess the degree of awareness of Muslim women and matters related to constitutional and customary, rights. This would enable one to monitor the quality of their life. There is a great discrepancy between the idealized concept of women and the real life situations in which women find themselves. The present analysis is based on the studies of Sunni Muslim women in Jaipur city conducted at two different points in time. The first study aimed at collecting data for a Ph.D. thesis on Muslims and Modernization from the four wards of Jaipur city where the Muslim population was 10,000 or more in the years 1973- 78. The other study was part of a research project on awareness of rights among Muslim women in Jaipur city in the year 1986-88 from the Johari Bazar constituency of the voters’ list, where about 29,000 Muslim voters lived. The sample had been selected on the basis of stratified random sampling, taking into consideration the variables of age, occupational status, income and educational qualifications of the respondents. The data was collected from 375 persons and 100 female heads of the Muslim household on the basis of interview schedules. ‘The conceptual mode! for the present study assumed that awareness is derived from a person’s interaction with his environment. An individual with his specific personality background, lives in an’ environment composed of different persons with varied perceptions and expectations. The awareness of an individual of his own status-related roles and rights depends upon how he subjectively perceives his environ- ment. With this conceptual model, it was assumed that the level of awareness of rights by women in a specific domain (social, economic, political or religious) is dependent on (a) the woman’s individual back- ground which includes her educational level; (b) her family background; and (c) her economic base which refers to her class membership level® (also see Campbell et al 1976). A conceptual model was also conceived regarding the degree of a woman's satisfaction with the actual enjoyment of rights in differentThe Changing Status of Muslim Women 55 domains. This model assumed that satisfaction with enjoyment of rights is dependent on (i) personal values concerning tangibles like freedom, equality, etc.; (ii) aspiration levels or a status which a woman hopes to eventually attain; and (iii) reference group levels (or what a woman believes to be true of the position of others with whom she identifies herself). Besides taking into consideration these factors, due importance was also given to factors like personal and demographic characteristics and the experiences of women which we thought affected the level of awareness and degree of satisfaction (Ahuja Ram : Project Report). The main objective of the research was (i) to study among women the level of awareness of provisions in the laws relating to their rights; (ii) to examine factors that create awareness and/or prevent awareness of rights; ii) to assess the actual enjoyment of rights provided by various laws and to measure the degree of satisfaction and frustration of women; (iv) to analyze problems in the enforcement of existing social laws pertaining to the rights of women; (v) to evaluate the attitudes of women towards enforcement of their rights; and (vi) to spell out the measures that might help in creating a proper and congenial atmosphere for the effective enforcement of social legislation. Findings Religious and socio-cultural background Of the 100 Sunni female respondents in Jaipur city, confession of faith was highly adhered to (i.e., by 98 per cent respondents). No changes were found in their habit of offering prayers and observance of fasts. Even in the pious atmosphere of the mosque, women were not granted admission to offer prayers, etc. In their religious beliefs too, no changes were evident, as they all believed that law is the command of Allah and any innovation in the personal law is the work of the devil. Eighty per cent of the respondents were married, 17 per cent were widows and three per cent were divorcees: 61 per cent were in the young- age category (30-40 years), 27 per cent were in the middle-age category (41-50 years), and 12 per cent were in the old-age category (51 years and above), Twenty-two per cent of the women were graduates, and some had studied even further. Twenty per cent had been educated upto the school level, 41 per cent were literate and 17 per cent were completely illiterate. 86 per cent were ‘Ashraf’ (i.c., higher caste) and 14 per cent were low caste. The married respondents’ husbands’ occupations were in the administrative, technical and professional category of jobs in 7 per centn in India 56 Problems of Muslim Wome! cases, gazetted service category in 4 per cent cases, in non-gazetted service category in 31 per cent cases, in home-industries and small scale business 50 per cent cases, in large scale business in 4 per cent cases and in crafts in 3 per cent cases. Two per cent women, were in gazet services, 21 per cent in non-gazetted services, 13 per cent in part-time jobs (self-employed workers) and 7 per cent were labourers. 3 per cent women had a total monthly income above Rs 3000, 19 per cent between Rs. 1801-3000, 57 per cent between Rs 601-1800, and 21 per cent women below Rs. 600. Awareness level Soctat Ricurs: The level of awareness of social rights and the degree of satisfaction with the actual enjoyment of these rights was analyzed in four sub-domains: marriage, family life, abortion and education. In the sub- domain of marriage, the rights examined were: the right to select one’s mate, the right to divorce and the right to remarry. In the sub-domain 0 family life, the analysis was confined to the right to take decisions satisfaction with family life vis-a-vis relations with the spouse. In the su! domain of abortion, the right to control fertility and plan families was analyzed. Lastly, in the sub-domain of education, the right to send ones daughters to school and the right of making themselves literate were assessed. The important findings in these four sub-domains were: jim social structure 1. There has been a considerable change in the Musl in recent years. Education has helped Muslim in moulding their attitude from polygamy to monogamy, as plural marriages were a quoted in 99 per cent of the cases. In actual practice in modem times, economic considerations make it comparatively rare for Muslim men to have more than one wife at a time, for not every man can provide the separate establishments which the custom and expediency as we as the laws demand. Moreover, the growth of public conscience and also the enactment of legislation of a restrictive character have made such an impact on the Muslim community that marriage with more than one woman at a time is now considered undesirable. Thus, the practice of polygamy is being replaced by the ideal of monogamy: 2. Awareness of marriage laws among women was not very low. Sixty two per cent of the women were aware of the right to choose their own husbands. However, their opinion was divided with age education. Eighty-nine per cent of the women were aware 0!The Changing Status of Muslim Women 57 stipulation of legal age for marriage, but only 36 per cent of the Tespondents were aware of the correct legal age for marriage of boys and girls. About four-fifths, i.c., 84 per cent of the respondents were aware of the right of divorce, 78 per cent were aware of the legal Stipulation of getting alimony after divorce and 88 per cent of the respondents were aware of the dowry law. 3. Child marriages were not found to be on the decline and arranged marriages at a young age were considered most desirable for girls. This was inferred from the fact that almost in 58 per cent of the cases, marriage partners for girls were selected by their parents without consulting them and more than 50 per cent (55 per cent) of the Marriages were performed in childhood (before 18 years of age). Yet some changes related to the educational level of the respondents and their chronological age are evident. 4. Women played a marginal role in decision making in the family. However, a man consulted his wife in significant areas of domestic life. Sixty-six per cent of the respondents reported that although the final decisions were made by their husbands, they were always consulted before any decision was taken. On statistically measuring the association between women being consulted by their husbands in terms of four variables, namely educational qualifications, occupa- tion of their husbands, economic status and family pattern, it was found that all four variables were positively associated with consulta- tion, However, as regards the degree or intensity of the association, it was found that three factors (educational qualifications, family pat- tems and husband’s occupation) had moderate association but eco- nomic status had weak association with women’s consultation in decision making. 5. Conjugal relationship had not achieved significant importance in the husband-wife relationship. 6. Women did not find their position in the family frustrating. On the contrary, they found their life experience satisfying. About three- fourths of the respondents (73 per cent) had harmonious and highly satisfactory relations with their husbands and 14 per cent had normal relations. 7. A little more than one-fourth (28 per cent) respondents felt that by their behaviour their husbands humiliated them. This happened al- ways: 90 per cent, often: 6 per cent, and occasionally: 4 per cent. The humiliation was generally the result of insults, use of derogatory eee Ean aa58 Problems of Muslim Women in India language, being snubbed in the presence of people, assaults, amposi- tion of various types of restrictions and constant ridicule of their advice. About three-fourths of the respondents (72 per cent) felt that their husbands treated them as equals (always:82 per cent, often:16 per cent, and occasionally: 4 per cent). This feeling of equality was the result of their being consulted on important issues, allowing them freedom, fair and dignified treatment and refrain from using indecent language. 8. Although a woman in a nuclear famil house entirely, her role was more significant than that of a joint family setup. ly was not the mistress of her a woman in 9. The proportion of women who are satisfied with their marriages waS fied with their virtually identical to that of the women who were satis! family lives. About three-fourths of the respondents (72 per cent) were completely satisfied and 28 per cent were partly satisfied with their marriages and an equal number (73 per cent) with their family life. 10. A large majority (67 per cent) of the respondents had more than four children. About two-thirds (65 per cent) of the respondents were aware of family planning measures and about 85 per cent of the respondents expressed their awareness of the law allowing the bor tion of unwanted children. However, only four per cent were in favour of exercising the right to terminate an unwanted pregnancy. This shows that there are great discrepancies between awareness and reality. . Sixty-five per cent of the respon 5 daughters to school for an education. Age, income, the respondent's husband’s occupation and educational level were found to be directly associated with their opinions about sending one’s daughters 10 school. However, with regard to the issue of equal education for girls and boys, only 26 per cent of the respondents answered in the affirmative, the rest were in favour of girls being given only basic school level education. ‘The values of the educated and une different. However, the latter were slightly more con: examination of the findings reveal that with regard to social values conceming inter-religious marriages, divorce, maintenance and personal law, no changes were visible. However, a large majority were in favour of other social values such as dowry, abortion and education. A large dents reported to have sent their ducated women were not very servative. A close esThe Changing Status of Muslim Women 59 Majority were in favour of purdah, but with the increase in the level of education of the respondents, some changes in their attitudes were evident. . The men were as traditional as the women with regard to giving social tights to females for mate-selection, divorce and remarriage. On the issue of personal law a large majority of the male respondents (94 per cent) were found to be as traditional as the women. Only 6 per cent of the male respondents with a higher education and modern occupation were in favour of some change. The level of education and occupation of the respondents seemed to have least influence with regard to changes in their personal law. Economic Ricuts 1, Ninety-six per cent of the respondents were aware of the right of a share in the father’s property, but only 17 per cent reported to have actually received this after the father’s death. About four-fifths (80 per cent) of the respondents were aware of the right of a share in a husband’s property but a very negligible number of respondents (ie.,3 per cent) could identify the exact amount of their share. 2. Sixty-four per cent of the women were sure that they would not get anything from their father’s property after his death and were unwill- ing to pressurize or take legal action against their brothers for getting their share of the father’s property. 3. Thirty-two per cent of the women were given the mehr and the rest were only promised it at a later date. In actual practice, out of 32 per cent of the women, only 7 per cent had actually enjoyed this amount and the rest had surrendered their right of mehr money in favour of their husbands. 4. Twenty-three per cent of the women held jobs and were thus eco- nomically independent. Seven per cent reported to be working as labourers and 13 per cent worked from their homes in some or the other type of crafts-and-home-industry work. 5. In 30 per cent of the cases the monthly earnings of the working women were less than Rs. 600. In 6 per cent of the cases it was between Rs. 601-1800 and only in 2 per cent of the cases was it between 2401-3000. 6. Working women had an education upto the college level. They belonged to the middle age category and none had illiterate husbands, i.e., husbands were educated upto to the college levelorabove. See60 Problems of Muslim Women in India 7. Thirty-two per cent of the non-working women were willing to work for wages if given an opportunity to do so. 8. About nine out of ten women (90 per cent) were dissatisfied with their wage caming work. This dissatisfaction, however, was caused by the nature of the work done and the wages they were getting, rather than by the idea of the work itself. 9. Women who contributed to the family’s economy were not free to spend their eamings according to their own choice. 10. Working women evaluated the roles of house-worker and home- maker as positively as non-working women, despite the burden which the role of wage earning imposed on them. About four-fifths of the working women (80 per cent) expressed an unqualified liking for house-work in comparison to slightly less than three-fourths (72 per cent) of non-working women. Pourricat Rictts 1. Women generally remain dormant, inactive and uninterested in pub- lic and political life. A little less than one-fifth of the respondents (18 per cent) possessed political awareness. They showed an awareness of politicgl-structures, processes, events and actors, elections, politi- cal leaders, political parties and political ideologies. Four-fifths (82 per cent) secured negative scores (indicating absence of political awareness). 2. While trying to examine the relationship of political awareness with different variables, it was found that there is a positive. correlation between education and political knowledge and it is possible that a higher level of education enhances political participation. Yet, the data indicate that only a little less than one-fifth of the respondents (18 per cent) possessed political awareness. We can say that the index of the knowledge of political phenomena is an approximate indicator of political participation when viewed in terms of level of education. Respondents who expressed financial satisfaction were more in- volved in political life. Differential knowledge of political phenom- ena is related with the nature of occupational activities which the respondents perform. Youth and information about politics go hand in hand. We conclude that, irrespective of their age, education, occupation and economic status, women remain politically inactive. 3. A negligible number of women (1 per cent) had participated inThe Changing Status of Muslim Women 61 activities of a voluntary organization, but none had reported to have held any political post of any state or national organization. However, seven women respondents stated that they had considered contesting elections for some or the other political post and had participated in political activities (like taking an interest in election campaigns and attending public meetings). Of the women who had voting rights, only 30 per cent had exercised franchise, whereas a large majority (70 per cent respondents) had not done so. It was the young women who went to the polls and the illiterate and old women who abstained from doing so. The voting behaviour of women was not found to be linked with political mobilization or political socialization but with their hus- band’s political beliefs and attitudes. Twenty-five per cent of the women who cast their votes in the last elections, voted on the basis of advice given by their husbands and other male members, 3 per cent sometimes voted on their advice and a very small number, 2 per cent voted independently. Level of politicization and participation in politics did not vary with education, income and working status or with the woman’s age and her husband’s occupation. Eighteen per cent of the male respondents advocated women’s par- ticipation in politics unconditionally and 38 per cent advocated it conditionally (i.¢., if they find the time to devote to politics besides their household responsibilities and if they are interested in it). Besides the general reasons of illiteracy, excessive involvement in domestic obligations and dependence on males, other important factors responsible for the low degree of women’s political awareness and political participation were lack of female leadership, dissatisfac- tion with political parties and disillusionment with the functioning democracy. Satisraction with RicuTs 1. About three-fourths of the respondents (72 per cent) were fully satisfied, one-fifth (21 per cent) were relatively satisfied and 7 per cent were completely dissatisfied with the actual enjoyment of the customary and legal rights. The fully satisfied women were those who were illiterate, who did not work and eam and who were completely dependent on their husbands and sons. On the other hand, the less satisfied or dissatisfied women62 Problems of Muslim Women i were those who were educated and who either eamed or help husbands in their economic pursuits. 3. Women in the late and early middle-age groups were foun more satisfied with their lives than younger women. From the above findings we may conclude that although the de awareness of rights among women was not very low they a enjoyed only a few rights. Further, while women in our sampl found to be aware of their Tights, such awareness did not ipso-fact their status, since status depends on the actual enjoyment of one’s’ Barriers in awareness ‘The major barriers to the awareness of rights among women were to be: illiteracy, excessive involvement in domestic chores, hous constraints (that is, attitude of husbands and in-laws), social str involving an in-built inequality of the sexes and very little chang ideology with regard to personal laws and independence. The reasons identified by the female and_male respondents fo failure of women to achieve equal status with men were: illite physical weakness, purdah, immeysion in traditions and Jack of s experience. This shows that both women and men feel that unless wo aré allowed to break out of their traditional roles, take initiative participate in collective decision making, both within and outside family, the legal formalizing of the rights and privileges of women we have no value, Slight changes in awareness are visible. This is due to advancement of women’s education, economic emancipation, commt cations, standard of living and the popular nuclear family structure. Aspirations to avail of rights . Our study revealed that a large majority of female respondents (99 | cent) would never revolt against their husbands for imposing restrictic ‘on them or even for humiliating them. This was despite the fact that per cent of the respondents were aware of the Dissolution of the Musli Marriage Act and their right to divorce their husbands. Yet a lan majority of them were not in favour of taking any initiative to legal dissolve their marriage. Eighty-one per cent would never think of takin legal action for-obtaining a share in one’s father’s or husband’s propert) and 88 per cent of the women felt that a wife should always conside herself inferior to her husband. Ninety-eight per cent of the respondent were in favour of consulting their children before arranging their mar errrn India ed their 1 to be gree of ctually > were 9 raise rights. found ehold cture es in r the racy, acial men and the ld the ini- — SRN e@SRBS The Changing Status of Muslim Women 63 Tiages, A large majority were against widow remarriage. Thirty-five per Cent of the non-working women were unwilling to work and eam. About 30 per cent of the illiterate women were not keen to make themselves literate, This shows that traditional values strongly persist even now in the Muslim Community and the Muslim women do not Teally aspire to avail themselves of their social and economic tights. A problem crops up here. Tf we were to assume that women are made aware of their rights, would this ipso facto lead to a rise in their status? Even if the answer to this Question is in the negative, we believe, we cannot stop thinking in terms of making women more conscious of socially structured limitations in their career. On acquiring social awareness, they would surely explore the Possibilities of eliminating the barriers to a higher status, Socio-economic and educational background of the respondents The changing status of Muslim women has been analyzed here on the basis of another Study of three hundred women in Jaipur. Besides the broad categories of class, the sample included some highly educated and working women too. The respondents were the eldest female members in family, The socio-cultural description of these female respondents reveals that 5 per cent were Sainfully employed outside the home (ie., 1.3 per cent were teachers, 2 Per cent were professionals and 1.7 per cent were clerks in banks, etc), Sixty per cent worked at home and were involved in craft work such as cotton threshing, bangle making, making holes in stones and tie-and-dye work. The remaining 35 Per cent were engaged in household duties, To find out the socio-economic status of these Muslim women, the Sconomic status was analyzed, The figures reveal that tne low income of the respondents was related with the work at home in some or the other craft work, whereas the Prestigious secular occupations were virtually ™onopolized by the upper and middle sections of this community be- Cause of their €asy access to modern education, etc. The major working women force lies in the middle and young age categories of the respond- ents, The analysis of the data for education of the respondents revealed that Only 5 per cent of the women were college educated, 3 per cent were School educated and 38.3 per cent were home educated (i.e., who had education of the religious texts, etc.). The remaining 53,7 per cent were i i e i : F Fi64 Problems of Muslim Women in India illiterate. Further, all the women with higher education, which numbered 50 per cent in the sample, had opted for occupations outside their homes, such as doctors, teachers, and clerks. It is interésting to mention that the Muslim husbands or parents who send their wives/daughters out to work want them to have as little interaction with men at their place of work as possible. This was one of the reasons why, job-wise, teaching was SO popular among the respondents. More than 50 per cent of the total employed working women in the sample had taken up teaching jobs in schools and colleges. Thus, to conclude, we can say that while at the lower levels of education, say below primary education, more and more women were encouraged in the lower category of traditional works and crafts, but with the increase in their education, the rate of female partici- pation in such works and crafts declined. At the higher educational levels the rate goes on increasing for more prestigious secular types of occupa- tions but the number of such women is very low, i.e., 5 per cent in the sample. The data also confirm the fact that there is a close link between the present state of family occupation’s of the respondents and the nature of the respondents. ATTITUDES TOWARDS WORKING WOMEN: With regard to the attitudes of the women towards working women, it was observed that 66.7 per cent of the women were of the opinion that employment of women is good in the present day situation. This particular opinion gradually increased in frequency from 71.6 per cent in the middle-age category of respondents. to 100 per cent in the young-age category. In contrast, none of the respondents in the old age category had given their opinion in favour of working women. This is mainly due to the increase in awareness of women for education in the young and middle age categories. Whereas, 98.1 per cent of the women respondents in the old age category consid- ered it shameful for the women in their families to go out to work, 1.9 per cent of this old age category were rather indifferent on this issue. After having discussed the employment aspect of women, we-will now focus on the authority of women in the economic sphere. Within this sphere, one area under discussion is handling of the daily expenses at home. In the sample the number of women managing the daily expenses was only 33 per cent. In the rest of the cases, i.e., 67 per cent, the daily expenses were managed by men only. The detailed analysis of data showsThe Changing Status of Muslim Women 65 that only in one-fifth of the cases the female respondent herself handled the daily expenses, in one-tenth of the cases, mothers-in-law of the respondents handled the daily expenses. This indicates some change in the outlook of Muslim women. Another area under discussion is that of administration of family finance. This chiefly implies supervision and control of the various expenses of the family. The analysis of the data further reveals that in 33 per cent of the families both the husband and the wife jointly discussed financial matters. The men however have almost final authority whereas no women have administered the family finances independently, These differences were observed with the difference of age of the respondents. In the young age category we find that women were closer to men, and they had an equal say in family matters (i.e., 59.5 per cent of the cases). On the other hand, of the women in the old age category only 16.7 per cent had an equal say with regard to family matters. Analysis of this data with the educational level of the respondents reveals that there is a direct correlation between the level of education of women and their authority with respect to family finances. In the cat- egory of college educated respondents, 100 per cent of the women in the sample had a higher degree of authority in the administration of family finance. They had’ an equal say as their husbands or other male members with regard to family matters. In contrast, we find that only 4.3 per cent of the illiterate women had enjoyed an equal say as the men in the family with regard to the administration of family finance. This difference of authority and the level of education can be better understood when seen in the light of the complementary factor of employment of women. Highly educated women who were gainfully employed and held prestigious secular occupations had enjoyed greater authority than illiterate women because in the families where women were employed, or were at work in some or the other craft, joint collaboration or partnership pertaining to financial matters increased between husband and wife. Hence, it can be said that education and economic independence of women increases their role playing with regard to family finances. RESTRICTIONS ON FREEDOM OF MOVEMENT OF GiRLS: Ina Muslim family a girl above the age range of 5 to 9 years was discouraged from playing with the neighbourhood boys, or visiting the neighbours’ homes. Such restrictions were imposed at an early age when the child was unable to deliberate62 Problems of Muslim Women in India were those who were educated and who either eamed or helped their husbands in their economic pursuits. 3. Women in the late and early middle-age groups were found to be more satisfied with their lives than younger women. From the above findings we may conclude that although the degree of awareness of rights among women was not very low they actually enjoyed only a few rights. Further, while women in our sample were found to be aware of their rights, such awareness did not ipso-facto raise their status, since status depends on the actual enjoyment of one’s'rights. Barriers in awareness ‘The major barriers to the awareness of rights among women were found to be: illiteracy, excessive involvement in domestic chores, household constraints (that is, attitude of husbands and in-laws), social structure involving an in-built inequality of the sexes and very little changes in ideology with regard to personal laws and independence. The reasons identified by the female and,male respondents for the failure of women to achieve equal status with men were: illiteracy, physical weakness, purdah, immersion in traditions and lack of social experience. This shows that both women and men feel that unless women aré allowed to break out of their traditional roles, take initiative and participate in collective decision making, both within and outside the family, the legal formalizing of the rights and privileges of women would have no value, Slight changes in awareness are visible. This is due to the advancement of women’s education, economic emancipation, communi- cations, standard of living and the popular nuclear family structure. Aspirations to avail of rights Our study revealed that a large majority of female respondents (99 per cent) would never revolt against their husbands for imposing restrictions on them or even for humiliating them. This was despite the fact that 84 per cent of the respondents were aware of the Dissolution of the Muslim Marriage Act and their right to divorce their husbands. Yet a large majority of them were not in favour of taking any initiative to legally dissolve their marriage. Eighty-one per cent would never think of taking legal action for-obtaining a share in one’s father’s or husband's property; and 88 per cent of the women felt that a wife should always consider herself inferior to her husband. Ninety-eight per cent of the respondents were in favour of consulting their children before arranging their mar-