The Indian Constitution adopted by the constitutional assembly on 26th November 1949, is a comprehensive document enshrining various principle of Justice, Liberty, equality and fraternity with regards to the women. The constitution contains many negative and positive provisions which go a long way in securing gender justice. Many a times we still get to see the gender bias in our society, mainly in Muslim community, women do not have equal powers as to men. According to Muslims they think that men have authority over women because god has made them superior to the other and also because they spent their wealth to maintain them.
Earlier in 14th century, polygamy was allowed so that the women can be protected and maintained, but today people have started taking undue advantage of this.
Women are denied their social and economic rights on the name of Islam. Physical abuse of women in Muslim culture is very common and occurs at all level of the social ladder. They treat women as an instrument for their conjugal happiness. All these injustice to Muslim women are because of their orthodox behavior, according to the Indian research it is seen that 91% of the women in Muslim religion are uneducated.
ARGUMENT FOR MUSLIM WOMEN INJUSTICE:-
In the eyes of Allah (according to Quran) where both men and women are treated equal, but still there are many a times we see men getting benefited and women has to suffer by their hands like,intoxication is a crime according to Quran and if a man pronounces talaq, then that pronouncement will be considered effective as a punishment, but as we see it is more of a punishment to women than to men,since man can marry whenever he wants but it is difficult for a divorcee women to find a partner,which leads to a physiological damage. A Muslim man has all the rights to correct the women, he can even correct it by beating, and is not even considered a domestic violence rather it is considered as pure Islamic, but in another religion it is considered as an offence under sec-498 A of The Indian Penal Code i.e. (husband or relatives of the husband of a women subjecting her to cruelty), it goes against all criminal, moral, basic, and human justice. A Muslim man can even pronounce talaq orally without giving any reason, and also in her absence, whenever he feels like, and can remarry without any obstruction, but for women to remarry she has to wait for her iddat period to end. Women in Islamic religion do not have many rights to stand against the men who ill-treat them. We have seen that in any religion when the wife or husband separates, custody of the child goes to either of the parents according to the capability but in Muslim it is seen that custody of the child goes to the father or the father's family, even though the mother is more capable of maintaining the child which is unfair to the women of the Muslim society as women does not get chance to show there motherly love to their child. A Muslim women or a girl cannot even change her religion, even if she dares to she is killed by her family member or by her relatives or by community member.
REMEDIES:-
Education:-" Education is the key to success and to peace" so, by providing knowledge and education to the Muslims women about their rights and freedom which the changing law has provided them with, like fundamental rights which is their by birth, it can change the way they are treated and can stand up for themselves against violence.
Legal:- There have been many amendments in the constitution for the Muslim women so that there is equality in the society, like, passing of the dissolution of Muslim marriage act, 1939,a Mohammedan wife can file a suit for divorce against the husband, on the grounds that her husband, having more than one wife, is not treating her equally.
Political:- The 73rd and 74th amendments of the Indian constitution effected in 1992 provided for the reservation of seats to the women in election,this was a huge step taken forward for the benefit of the women,but as we have seen that there is more injustice done to the Muslim women as compared to other religion,so by giving them reservation in election, it would encourage the Muslim women to come forward and can also help them to lead a better life.
Change in Talaq system:- As we have seen in Muslims,man can pronounce talaq to his wife whenever he feels like and also need not to give reason if he doesn't want, which is in my regard is cruel and harsh, instead there should be a proper trial before talaq be commenced, women should have the right to know as to why it's happening.The system of oral talaq, talaq via Facebook or SMS should not be acceptable.
India is a secular country, according to Indian preamble the Indian Constitution contains various goals including " The equality of status and opportunity" to all the citizens. Also according to sec 15 of The Indian Constitution Act prohibition of discrimination against sex, it says men and women both are equal in the eyes of law, but still it is seen that in Muslim society when there is a claim on property women gets only one third of the property instead of the half of the property.
The Indian preamble and other laws were made so that there would be no discrimination in the society, but still in the Muslim society it is there, a woman does not have the same power as of the men.
Earlier in 14th century, polygamy was allowed so that the women can be protected and maintained, but today people have started taking undue advantage of this.
Women are denied their social and economic rights on the name of Islam. Physical abuse of women in Muslim culture is very common and occurs at all level of the social ladder. They treat women as an instrument for their conjugal happiness. All these injustice to Muslim women are because of their orthodox behavior, according to the Indian research it is seen that 91% of the women in Muslim religion are uneducated.
ARGUMENT FOR MUSLIM WOMEN INJUSTICE:-
In the eyes of Allah (according to Quran) where both men and women are treated equal, but still there are many a times we see men getting benefited and women has to suffer by their hands like,intoxication is a crime according to Quran and if a man pronounces talaq, then that pronouncement will be considered effective as a punishment, but as we see it is more of a punishment to women than to men,since man can marry whenever he wants but it is difficult for a divorcee women to find a partner,which leads to a physiological damage. A Muslim man has all the rights to correct the women, he can even correct it by beating, and is not even considered a domestic violence rather it is considered as pure Islamic, but in another religion it is considered as an offence under sec-498 A of The Indian Penal Code i.e. (husband or relatives of the husband of a women subjecting her to cruelty), it goes against all criminal, moral, basic, and human justice. A Muslim man can even pronounce talaq orally without giving any reason, and also in her absence, whenever he feels like, and can remarry without any obstruction, but for women to remarry she has to wait for her iddat period to end. Women in Islamic religion do not have many rights to stand against the men who ill-treat them. We have seen that in any religion when the wife or husband separates, custody of the child goes to either of the parents according to the capability but in Muslim it is seen that custody of the child goes to the father or the father's family, even though the mother is more capable of maintaining the child which is unfair to the women of the Muslim society as women does not get chance to show there motherly love to their child. A Muslim women or a girl cannot even change her religion, even if she dares to she is killed by her family member or by her relatives or by community member.
REMEDIES:-
Education:-" Education is the key to success and to peace" so, by providing knowledge and education to the Muslims women about their rights and freedom which the changing law has provided them with, like fundamental rights which is their by birth, it can change the way they are treated and can stand up for themselves against violence.
Legal:- There have been many amendments in the constitution for the Muslim women so that there is equality in the society, like, passing of the dissolution of Muslim marriage act, 1939,a Mohammedan wife can file a suit for divorce against the husband, on the grounds that her husband, having more than one wife, is not treating her equally.
Political:- The 73rd and 74th amendments of the Indian constitution effected in 1992 provided for the reservation of seats to the women in election,this was a huge step taken forward for the benefit of the women,but as we have seen that there is more injustice done to the Muslim women as compared to other religion,so by giving them reservation in election, it would encourage the Muslim women to come forward and can also help them to lead a better life.
Change in Talaq system:- As we have seen in Muslims,man can pronounce talaq to his wife whenever he feels like and also need not to give reason if he doesn't want, which is in my regard is cruel and harsh, instead there should be a proper trial before talaq be commenced, women should have the right to know as to why it's happening.The system of oral talaq, talaq via Facebook or SMS should not be acceptable.
India is a secular country, according to Indian preamble the Indian Constitution contains various goals including " The equality of status and opportunity" to all the citizens. Also according to sec 15 of The Indian Constitution Act prohibition of discrimination against sex, it says men and women both are equal in the eyes of law, but still it is seen that in Muslim society when there is a claim on property women gets only one third of the property instead of the half of the property.
The Indian preamble and other laws were made so that there would be no discrimination in the society, but still in the Muslim society it is there, a woman does not have the same power as of the men.