Islam Ensures Equality between the Two Sexes
By
Muhammad Asgar Khan
October 26,
2020
Islam is
not merely a religion but also a complete code of life based upon the
principles, among others, of Tawhid (unity of Allah, Subhanahu wa
ta’ala), Risalah (prophethood of Muhammad, SAW), (justice) and Musawat
(equality). Most of these principles have been accepted by all.
Islam is a
comprehensive way of life covering all aspects of life, spiritual, social,
political economics and others. It has taught people that men and women are
created equal and given equal opportunity in all respects. The Qur’an is
categorical in this respect.
“Every
soul will be (held) in pledge for its deeds” (Qur’an 74:38).
“So
their Lord accepted their prayers, (saying): I will not suffer to be lost the
work of any of you whether male or female. You proceed one from another
(Qur’an 3:195).
“Whoever
works righteousness, man or woman, and has faith, verify to him will we give a
new life that is good and pure, and we will bestow on such their reward
according to their actions” (Qur’an 16:97,4:124).
Allah has
created men and women from one single source and has abolished all the previous
unjust laws that deemed women as inferior in quality and nature. Islam ensures
equality between the two sexes. Equality in financial dealings, ownership of
property and in each and every field.
Muslim
Women (Protection of Rights on Marriage) Act 2019, popularly known as Triple
Talaq Law, is a milestone towards the larger constitutional goals of gender
justice and gender equality of married Muslim women. Enactment of this law has
strengthened the socio-economic rights of Muslim women and has provided latter
the right to live with dignity.
However,
the Act has already been the subject of several legal challenges from Muslim
religious organisations, which have seen the law as disproportionate and a
political move against the minorities. But the Act has also received positive
response among Indian women’s organisations and progressive Muslim groups in
particular. They agree that triple talaq is anti-woman, un-Quranic and
unconstitutional.
Those
opposing it should realise the fact that for a law to be a real deterrent, it
needs to carry penalties. Criminal measures alone can contain the menace of
Talatq-e-Bidda’. The law will offer legal guidance to ordinary Muslim women,
who are victims of Triple Talaq.
Vulnerable,
uneducated and uninformed Muslim wives are hardly in a position to confront
their husbands. By lifting the perpetual threat of instant divorce, this law
may empower women and embolden them against the intimidation from their
husbands.
For Representational Purpose
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The Triple
Talaq law can serve the victims better if genuine efforts are made by NGOs led
by Muslim women to increase awareness in the society about various schemes
launched by the State Governments for the welfare of the victims. Pertinently,
Uttar Pradesh Government has announced a package of Rs. 6,000/- annual aid for
rehabilitation of Triple Talaq victims. It has also assured to provide free
legal aid to the affected persons. This has encouraged many victims to take
legal recourse against the perpetrators. In this backdrop, NGOs should come up
to the aid of the victims and pressurise the police to take cognizance of the
complaints by them and file FIR against the culprits. Simultaneously, it should
be ensured that the cases are forwarded to the court for a quick and fair
judgement. Multipronged efforts by the NGOs supported by proactive police and
judiciary will go a long way in providing justice to the Triple Talaq victims,
which was envisaged in the Muslim Women (Protection of Rights on Marriage) Act
2019.
History has
proved that ignorant and patriarchal set up of the society is one of the major
reasons for Bidah (incorrect innovations) which allows practice like triple
talaq to flourish. As has been reported, most triple talaq cases appear to
happen over petty fights, including complaints that the wife “did not make the
perfect roti”, did not “obey” her husband, “woke up late” etc. — and the
husband, in a fit of anger, pronounces instant talaq. The woman’s family—both
sides—mostly blame her for “provoking” the husband, not realising that the man
misused his religion to belittle the woman. This is the opposite of what Islam
permits.
The society
at large must applaud the courage and grit of Shah Bano, Shayara Bano, Sameena
Begum and many others like them who surface every now and then to fight despite
heavy odds. Fifteen years ago, a division bench of the Supreme Court had held
triple talaq to be invalid in the Shamim Ara case but the real justice was
meted out with the passage & enaction of “The Muslim Women (Protection of
Rights on Marriage) Act” in 2019.
Those
feeling a transgression in Muslim Personal Laws (like that of All India Muslim
Personal Law Board) may be made aware that only instant triple talaq, or
“talaq-e- bidat”, is banned. Muslim men in India can still divorce using two
other forms of talaq that have a three-month cooling off period- the best form
of practicing talaq as mentioned in Quran. If a Muslim man gives three Talaq on
a gap of three months each, such Talaq shall still be legal. Hence, it would be
pertinent to say that the Act is a small step in the right direction. However,
a lot is yet to be done to empower the Muslim women by imparting them higher
education so that they can stand on their own feet and lose their dependence on
the men for their survival.
For Representational purpose
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Need of the
hour is not more laws, but a change in the attitude of society, which can only
happen once more women are educated and more men sensitised about their rights.
This can only be achieved with focus on women empowerment & ensuring basic
education for all. Triple Talaq is already illegal under Islamic law, its
widespread practice is a sign of ignorance of law, not lack of it. Muslims,
rather than believing roadside Maulana with little understanding of the
religion, should focus on reading & understanding Quran & various Sahih
Hadees which would eventually teach them about rights of women & behaviour
in a pluralistic society.
Original
Headline: Islam advocates equality with
women
Source: The Kashmir Images
URL: https://newageislam.com/islamic-ideology/islam-ensures-equality-between-two/d/124316
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