Property Rights of Muslim Women in India
Avinash Kumar recently published an article entitled, Property Rights of Muslim Women in India, Wills, Trusts, & Estates Law ejournal (2020). Provided below is the abstract to the Article.
The personal laws in India is different for different religion, governing the lifestyle of the people. The issue of women rights is Muslim personal law is highly controversial and hence, for decades, Muslim women had been fighting for gender equality in Islamic law that govern their rights relating to their property rights, maintenance, divorce and marriage. For many decades Muslim women are fighting for gender equality in the Islamic law that govern right related to marriage, divorce and property rights. However, All-India Muslim Personal Law Board is, is one of the main influential body in Muslim community. There are lots of supports as well as criticism about this board. Many a times this board rejected the proposal to change the Muslim personal law as they believe it will infringe the basic principles of Islam. Further, there are many male domination in that particular board. Whereas Quran does not support any system which is only managed and maintained by the patriarchal system. Muslim women rights of marriage, divorce, inheritance has encouraged many Muslim women activists to fight for their rights.
Personal laws in India and especially Muslim personal law has been a major political and controversial issue, and has been extensively debated. Since independence it has been a rallying point for not only Muslim organizations, but also for Hindu rights wing politics. After the 1986 Shah Bano Case, and the enactment of the Muslim Women (protection of Rights on Divorce) Act thereafter, the debate has assumed a central position, and majority identity politics has gained mileage, evident in the weakening of centrist secular parties In the absence of the proper codified law in Muslim personal law women are at much disadvantage position, because of the unclarity in the various rights and various interpretation of Quran. Moreover, many baseless ‘fatwas’ most of time go against the right of the Muslim women. Muslim women always remain the most economically and socially depressed section in Muslim community itself.