Muslim Personal Law And Gender Equality Concerns In India

DOI

10.2991/iclj-17.2018.2How to use a DOI?

Keywords

Muslim personal law; India; Gender equality; Islam.

Abstract

Personal laws are mired with controversies on questions of gender equality. In India, where each community is governed by its own sets of personal laws, Muslim Personal Law, especially, is perceived to further gender inequality. This paper analyses such gender inequality concerns about the Muslim personal laws in context of property rights and right of dissolution of marriage. This paper argues that gender inequality in India stems from deep rooted cultural patriarchy without having any religious backing and such inequality is further endorsed by discriminatory laws. This paper argues that the despicable condition of Muslim women in India is due to ignorance of usul-ul-fiqh because of which they do not assert the rights guaranteed to them by Islam. Lack of knowledge of usul-ul-fiqh perpetuates the prevalent popular misconception of Muslim personal law as being oppressive to woman when in reality it gives them equal rights.

Copyright

© 2018, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Saadiya
PY  - 2017/11
DA  - 2017/11
TI  - Muslim Personal Law And Gender Equality Concerns In India
BT  - Proceedings of 1st International Conference of Law and Justice - Good Governance and Human Rights in Muslim Countries: Experiences and Challenges (ICLJ 2017)
PB  - Atlantis Press
SP  - 5
EP  - 9
SN  - 2352-5398
UR  - https://doi.org/10.2991/iclj-17.2018.2
DO  - 10.2991/iclj-17.2018.2
ID  - 2017/11
ER  -