Women’s Rights to Marriage and Divorce as Enshrined in Islamic Law: Discrimination concerns and issues in Muslim Societies
DOI:
https://doi.org/10.61841/asjx9453Keywords:
Women’s Rights, Islamic Law, Marriage, divorce, discrimination, Muslim SocietiesAbstract
Women’s rights towards the provisions of marriage and divorce as enshrined in Islamic law have been the subject to all kinds of controversies, misinterpretation and especially misinformation. In fact, the Quran, the principle authority for all rule and regulations, put women almost equal rights to marriage and divorce with their male counterparts and the rights granted to Muslim women by the Quran are supported and complemented by the ‘authentic’ Hadith of the Prophet Muhammad. Although the Shariat (Islamic law) contains many positive provisions that protect their rights, these provisions have worsened for socio-cultural reasons and the patriarchal system of personal law in the contemporary Muslim societies. This paper analyzes the rights of Muslim women towards the provisions of marriage and divorce as enshrined in Islamic law, and also examines the discrimination concerns and issues against their rights towards the provision of marriage and divorce in Muslim societies.
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References
1 Engineer, A.A. (1992). The Rights of Women in Islam. London: C.Hurst & Co. Publishers, pp.20-32
2 Syed, M. A. (2004). The Position of Women in Islam: A Progressive View. Albany: State University
of New York Press, p.2
3 Ibid, p.2
4 Orakzai B.Saira. (2014). The Rights of Women in Islam: The Question of ‘Public’ and ‘Private’
Spheres for Women’s Rights and Empowerment in Muslim Societies. Journal of Human Rights in
the Commonwealth, 2(1), p.43
5 Fayzee, A.A.A.(1971).The Reforms of Muslim Personal Law in India. Pune: Indian Secular Society,
p.8-9
6 Patel, R. (2009). Indian Muslim Women, Politics of Muslim Personal Law and Struggle for Life with
Dignity and Justice. Economic and Political Weekly, 44(44), p.45.
7 Iqbal A. A. (1991). “Muslim Women's Rights: Goals and Strategy of Reform.” Economic and
Political Weekly, 26(17), p., 1095.
8 Fyzee, A.A. (2008). Outlines of Muhammadan Law (Fifth edition).New Delhi: Oxford University
Press, p.71
9 Jawad, H.A. (1998).The Rights of Women in Islam: An Authentic Approach. Great Britain:
Macmillan Press Ltd, p.7
10 Ibid, p.34
11 See Syed, M. A. (2004), op.cit, p.93
12 Mulla, F.D.S.(2017). Principles of Mahomedan Law (22th Ed.).Haryana: Lexis Nexis, p.382
13 See Jawad, H.A. (1998). op.cit., p.35
14 See Mulla, F.D.S.(2017). op.cit, p.385
15 See Fyzee, A.A. (2008). Op.cit. 73
16 Ahmad, Aqil. (2016). Mohammedan Law. Allahabad: Central Law Agency, p.119
17 Ibid, p. 73
18 Ibid, p.73
19 Agnes, Flavia. (1999). Law and Gender Inequality: The Politics of Women’s Rights in India. New
Delhi: Oxford University Press, p.34
20 Ibid, p.34
21 See Jawad, H.A. (1998). op.cit., p.9
22 Ibid, p.9
23 Syed, M. A. (2004). op.cit.,p.67
24 See Fyzee, A.A. (2008). op.cit, p.129
25 See Fyzee, A.A. (2008). op.cit, pp.128-129
26 See Jawad, H.A. (1998). op.cit., p.82
27 Sinha, K.R.D. (2006). The Muslim Law (6th Ed.).Allahabad: Central Law Agency, p.97
28 See Jawad, H.A. (1998). Ibid, p.82
29 See Mulla, F.D.S.(2017). op.cit, p.425
30 See Jawad, H.A. (1998). Ibid, p.82
31 Alharafeshah, I. (2016). Discrimination against Islamic Women. Global Journal of Arts,
Humanities, And Social Sciences, 4(8), p.43
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