Open Access Research Article
RELIGION, LAW, AND GENDER EQUALITY: EXAMINING THE CHALLENGES AND OPPORTUNITIES FOR PROMOTING WOMENS RIGHTS IN HINDU AND MUSLIM MARRIAGES
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Article Details
RELIGION, LAW, AND GENDER EQUALITY:
EXAMINING THE CHALLENGES AND OPPORTUNITIES FOR PROMOTING WOMEN'S RIGHTS IN
HINDU AND MUSLIM MARRIAGES
AUTHORED BY
- DIYA PATEL
ABSTRACT
This paper
looks into the possibilities and difficulties of advancing women's rights in
Muslim and Hindu marriages. It looks at how gender dynamics are shaped by
historical, theological, and legal contexts within these traditions, focusing
on particular problems like triple talaq, dowries, and patriarchal standards.
Through a rigorous examination of pertinent literature, legal frameworks, and
case studies, the study pinpoints barriers to women's rights and suggests
reform measures. Through examining religious texts, legal precedents, and
community-based efforts, this research seeks to further the current
conversation on social justice, gender equality, and religious plurality in a
variety of cultural contexts.
Key words:
Religion, Gender equality, Hindu, Muslim, Marriages
CHAPTER 1: INTRODUCTION
"Religion,
Law, and Gender Equality: Examining the Challenges and Opportunities for
Promoting Women's Rights in Hindu and Muslim Marriages" delves into the
intricate interplay between legal frameworks, gender dynamics, and religious
traditions in the context of Hinduism and Islam's marriage laws. It explores
the obstacles women have while trying to exercise their rights in these
organizations run by religion, but it also looks for ways to advance social
justice and gender equality. Because it is still relevant to issues about
women's rights, gender equality, and religious freedom, this topic is very
important. Religious convictions, societal conventions, and legal
requirements—many of which collide with gender roles and expectations—have a
significant impact on marriage in the Hindu and Muslim communities. Studying
the difficulties and possibilities in these situations clarifies more general
concerns about social fairness, human rights, and how religion affects gender
relations.
CHAPTER
2: BACKGROUND AND CONTEXT
It is
essential to look at the historical background in order to comprehend how
cultural customs and Hindu marriage rules interact in the present. Hindu
marriage has its origins in ancient texts like the Vedas and Manusmriti and is
historically regarded as a sacrament (samskara). These writings emphasized the
idea of dharma while outlining each person's obligations within the institution
of marriage. Hinduism views marriage as a spiritual connection as well as a
social contract[1] .
Hindu marriages are deemed sacred for a number of reasons:
1) Dharma is
the ultimate goal of marriage;
2) Religious
rites such as panigrahana, kanyadan, and havan are performed at religious
ceremonies and are deemed sacred since they are based on the sacred formula.
3) The rites
were performed in front of Agni by a Brahmin reciting mantras from the Vedas;
4) The union
was considered indissoluble and irrevocable, and husband and wife were bound to
each other not only until death but even after the death;
5) Though a
man performed several sacraments during his life, a woman only performed the
sacrament of marriage once, so it was of utmost importance to her;
6)
The emphasis was placed on
chastity on the part of a woman and a man's faithfulness; and
7)
marriage was seen as a
"social duty" toward the family and the community, with little regard
for individual interest and aspiration[2] .
Islamic
teachings offered a foundation for marriage customs and principles, which can
be found in the Quran and Hadith[3] .
The significance of marriage is emphasized throughout the Quran as a way to
attain peace, love, and connection. It exhorts believers to be married on the
basis of respect, consent, and common values[4] .
According to Islamic theology, a couple must declare their religious
eligibility for one another before they can get married. It is not dependent on
the endorsement of a specific individual or office[5] .
Muslims are not allowed to get married carelessly or impulsively. There are
three main reasons why Allah asks Muslims to get married. They are as follows:
1. To make it
possible for a man and a woman to cohabitate and find love and happiness while
adhering to Islamic Law.
2. To
procreate and offer a secure and righteous environment for upbringing of
children.
3. To
establish a legal union that protects society from ethical and societal
deterioration[6] .
Hindu
marriages are governed by the Hindu Marriage Act of 1955, which came up as a
result of the Mitakshara and Dayabhaga Schools of law operating in India at a
time when Hindu marriages were not governed by any laws or codes of conduct.
Muslim marriages are performed in accordance with the Muslim Personal Law
(Shariat) Application Act, 1937, which addresses succession, divorce, and
marriages. Muslims basically regard the Quran as the most authoritative source
since they think it is composed of the Prophet Mohammed's sayings and deeds.
The interpretations of Muslim law provided by various scholars and schools
culminated in Shariat Law. The four important schools of law are Hanafi,
Maliki, Shaffie and Hanbali[7] .
The Vedas
refer to women as Dharmapatni and hold them in the highest regard. Hinduism has
always viewed a woman's duty as one of supporting the family and being heavily
involved in
the
family's religious activities. In the Bhagavad Gita, Lord Krishna made it clear
to Arjuna that women are just as deserving of and capable of obtaining moksha
as male are[8] .
The identification and worship of God as feminine is one of the deepest aspects
of Hinduism. Actually, the only major religion that has always worshipped and
still worships God in female form is Hinduism. Many Hindus worship Shakti, the
energy of God, as it is personified in a Goddess. Hindu texts underline the
distinctions between male and female deities while praising the attributes of
the feminine divine and the spiritual similarity of both. It is said that the
principles of men and women are like two wheels on a cart or two parts of a
whole[9] .
Contrary
to popular belief, women in Islam have the status of beloved equals. The
Prophet publicly spoke about the value of women in the face of a historically
strongly sexist environment, praising their special contributions to families
and society, denouncing their mistreatment, and fighting for their rights[10] .
The pre-Islamic Arabian pagan civilization used to bury its female children
alive out of an unreasonable prejudice. The Prophet strongly objected to this
custom. He demonstrated to them how shielding their female offspring will
shield them against Hell's flame[11] .
A woman has an entirely autonomous individuality in Islam. Any agreement or bequest
made in her name is valid. In her roles as a daughter, sister, wife, and
mother, she has a right to inherit. She is completely free to select her spouse[12] .
CHAPTER
3: CHALLENGES IN PROMOTING WOMEN’S RIGHTS
Gender
norms and expectations, which have their roots in religious scriptures and
cultural practices, frequently dictate certain duties and responsibilities for
men and women in traditional Hindu culture. It is possible that women would be
expected to put family responsibilities ahead of their own goals, which may
limit their autonomy and prospects for personal fulfillment outside of the
home. Women are expected to be experts in managing the home, maintaining a tidy
and tastefully arranged space[13] .
If a woman considers pursuing anything else, it is dismissed as
absurd, invalid and outrageous. At the outset of the modern Hindu
religion's formation, women were not viewed as inferior or subservient. Women
constituted a number of the major personalities in Hinduism[14] .
Similar to
this, traditional Islamic civilizations frequently maintain patriarchal gender
roles in which women are primarily in charge of caring for others and home
chores, while men are typically seen as the breadwinners and heads of their
houses. The division of labor has the potential to limit women's opportunities
for work, education, and decision-making authority[15] .
Currently, women are not treated with the respect that Islam accords them in
many Muslim communities. Muslims follow their own cultures and practices in
various civilizations, and women face political oppression, patriarchal social
structures, and cultural problems. Despite the focus on gender equality,
rights, dignity, and status of women in the Quran and the
Prophet's tradition, some people utilize these texts to exploit and
discriminate against women by distorting some verses in order to dehumanize
them[16] .
Specifically, in marriages, consent plays an important role. Arranged marriages
are very commonly accepted practice in Hinduism as well as Islam. Arranged
marriages have the potential to strengthen societal cohesiveness and family
peace, but they also run the risk of undermining women's agency and autonomy,
especially if consent is not properly obtained or honoured[17] . Moreover, the practice of dowry,
though legally prohibited, is still practiced in certain communities. This
practice puts burden on the bride’s family and also results in gender-based
violence if the economic “obligation” by bride’s family is not fulfilled. Divorce
and the stigma attached with it is also a challenge for women in both Hinduism
and Islam. Divorced women are more likely to face challenges, criticism and
social pressure than men. In Islam, the process of getting Talaq, even though
allowed to women, is much more complex process for women as against men as
women When filing for divorce may face financial hardships, social stigma, and
legal challenges[18] .
CHAPTER
4: LEGAL FRAMEWORKS AND REFORMS
The major legislations that govern family matters or marriages
for that matter are as follows:
1. Hindu
Marriage Act, 1955: This act was approved by the Parliament of India on May 18,
1955. This act governs not only the institution of marriage but also provides
law on restitution of conjugal rights, judicial separation, annulment,
maintenance etc.
2. Hindu
Succession Act, 1956: This Act deals
with property succession and inheritance; it establishes a uniform and thorough
system that covers both succession and inheritance; it also addresses unwilled succession;
as a result, it encompasses all aspects of Hindu succession and brings them
under its purview.
3. Hindu
Adoption and Maintenance Act, 1956: This statute addresses the legal process
for Hindus to adopt children as well as other related legal duties, such a
maintenance for the children, spouse, and in-laws.
4. Special
Marriage Act, 1954: The Indian Parliament passed the Special Marriage Act,
1954, which allowed legal marriage to be performed for all Indian citizens
living abroad as well as those living in India, regardless of the parties'
respective religions or beliefs. People from two distinct religious backgrounds
are able to unite in marriage under the Special Marriage Act, 1954. When one or
both of the husband and wife are not followers of Buddhism, Hinduism, Jains, or
Sikhism, the Special Marriage Act, 1954, establishes the protocol for both the
solemnization and registration of the marriage.
5. Muslim
Personal Law (Shariat) Application Act, 1937: This act allows Muslims to apply
Muslim personal law to their marriages, inheritances, and family concerns. It
acknowledges Sharia as the supreme rule that governs Muslims in certain
situations.
6. Muslim
Women (Protection of Rights on Divorce) Act, 1986: This act covers
divorce-related matters for Muslims and stipulates that divorced women must
receive maintenance for a predetermined amount of time following their divorce.
7. The
Dissolution of Muslim Marriages Act, 1939: It lays down grounds on which a
Muslim woman can ask for divorce. The grounds includes grounds like failure to
maintain her, cruelty, desertion etc.
8. Muslim
Women (Protection of Rights on Marriage) Act, 2019 (Triple Talaq Bill): This
act removed the practice of Triple talaq and criminalized it. The act also
provides for penalty that has to be paid by the husband who pronounces instant
triple talaq.
Hindu
personal laws are criticized for being frequently patriarchal and
discriminatory, especially when it comes to women's rights to marriage and
inheritance. In a similar vein, Muslim personal laws have come under fire for
features like one-sided divorce and restricted rights for women regarding
inheritance and divorce. Reforming these laws to bring them into line with the
ideals of the constitution has been attempted, but political and religious
sensitivities have made the process tense and slow.
There are
some amendments and cases that paved the way for women and made them able to
demand for a right that was not previously granted to them. Mohd. Ahmed Khan vs
Shah Bano Begum and Ors [Shah Bano case][19]
is an excellent example for this. A landmark case that had a significant impact
on Muslim women's rights. It brought up significant issues about women's rights
and assistance. Shah Bano's plea for financial support from her husband under
Section 125 of the Code of Criminal Procedure was at the center of this case.
The case brought attention to the fact that Muslim personal law lacks precise
guidelines for financial support[20] .
The decision determined that, in accordance with the Muslim Personal Law, a
Muslim husband's duty to maintain a divorced wife who was unable to support
herself continued after the iddat period. The court stated that this Muslim law
regulation was unfair or inhumane since it put a divorced wife in a position
where she was unable to sustain herself.
The court
further declared that Mehr's contribution was insufficient to release him from
his duty to support his wife[21] .
Moreover,
the property rights of women has always been a question. Women were only
granted restricted rights by the Hindu Law of Inheritance (Amendment) Act,
1929, which ruled the majority. They were only entitled to maintenance and
could not independently own property. Muslim women had the right to inherit
property, but only half as much as their male counterparts[22] .
Furthermore, Hindu women were granted a limited estate in their husbands'
property by the Hindu Women's Rights to Property Act of 1937. This meant that
although they might use the property during their lifetime, they were not
permitted to sell it or give it away in a will. The first notable statute to
address women's inheritance rights was the Hindu Succession Act of 1956. It
gave women the same rights as males to inherit family property. Their rights
were somewhat restricted, though, as daughters were not made coparceners (joint
heirs) in joint family property and agricultural land was not included[23] .
An amendment was made in 2005 in the Hindu Succession Act. It gave daughters
the same rights as sons to inherit equally and to become coparceners in joint
family property from birth. This shift was a major step towards gender equality
in women's property rights in India, as well as a boost to women's economic
standing[24] .
Furthermore,
the judgement of Shayara Bano v. Union of India[25]
has also brought a significant change
and safeguarded women against the social evil of Triple Talaq. Triple Talaq is
a practice in Islam where a husband can instantly divorce his wife without any
state intervention just by pronouncing the word “TALAQ” thrice[26] .
After the judgement was pronounced and triple talaq was struck down, the
judiciary directed the Legislature to make a law for this purpose and hence,
the legislature passed the Muslim Women (Protection of Rights on Marriage) Act,
2019 which provided for punishment and declared triple talaq void and illegal[27] .
CHAPTER 5: OPPORTUNITIES FOR CHANGE
AND REFORMS
Ensuring
that current laws protecting women's rights—such as those prohibiting triple
talaq, domestic abuse, and dowry harassment—are effectively implemented and
enforced, Organizing legal literacy initiatives and awareness campaigns to
inform women about their rights and the legal recourse they have in the event
of discrimination or marital conflicts, In order to advance gender-sensitive
readings of religious texts and traditions that support women's rights and
dignity within marriage, interact with religious leaders, community elders, and
significant personalities, To combat prevailing gender norms and stereotypes
that uphold discrimination against women, gender sensitization programs should
be incorporated into curriculum of educational institutions, religious centers,
and community-based groups, establishing safety home and treatment facilities
for women who have experienced domestic abuse or marital desertion, giving them
access to mental, legal and psychosocial support etc are a few strategies that
can be adopted by the stakeholders to advance and promote women’s right. Islamic
feminists fight for equality and justice for women within the bounds of Islamic
teachings and beliefs. Through a feminist lens, they reinterpret texts from the
Quran and Hadiths highlighting the core Islamic values of justice, compassion,
and equality. Lately, a number of female academics have started reinterpreting the
Qur'an using what may be referred to as a more "feminist" perspective[28] . Al-Huda is
a group that supports Muslim women. Its clear-cut mission is to teach Muslim
women how to read the Quran in its original Arabic and comprehend its meaning.
Beyond that, it also aims to inspire them to internalize the message of the
Quran and use it as a roadmap for changing their own moral behavior. It may
seem like a pretty simple aim to accomplish and not much of a step forward for
a non-Muslim. But only a Muslim would be aware of how heavily men dominate
Islamic scholarship, Quran reading, and the creation and sharing of religious
knowledge[29] .
Organizations such as Bharatiya Muslim Mahila Aandolan (BMMA) contribute to the
advancement of women in society. It is an independent, secular, rights-based
mass organization headed by Muslim women that defends Muslims' claim to Indian
citizenship[30] .
BMMA successfully contested women's admission to the Haji Ali shrine in Mumbai
through legal means. Additionally, it supported the campaign that was
successful in granting women permission to perform puja at the Shani Shingnapur
temple in Maharashtra and were also one of the petitioners in the triple talaq
case.[31]
CHAPTER
6: CASE STUDIES AND EMPIRICAL EVIDENCE
The case studies and study results
that highlight the real-life experiences that Hindu and Muslim women have
in marriage are as follows:
Of the 28,811 reports of crime against women
that the National Commission for Women (NCW) received in 2023, over 55% came
from Uttar Pradesh. Of the 28,811 reports of crime against women that the
National Commission for Women (NCW) in 2023 over 55% came from UP. According
to NCW data, the right to dignity category—which includes harassment other than
domestic violence—received the most number of complaints (8,540). 6,274
allegations of domestic violence were filed after this. There were 4,797
reports of dower harassment, 2,349 of molestation, 1,618 of police indifference
to women, and 1,537 of rape and attempt to rape[32] .
In India, there were approximately 6.4 thousand recorded incidents of dowry
deaths in 2022. This represented a steady decline from 2014, when there were
roughly 8.5 thousand of them[33] . According to a BMMA study from 2022, 84% of
women supported the outlawing of polygamous marriages[34] .
According to the Crime in India-2021 report, 31.8% of instances filed under the
category of crimes against women were classified as "Cruelty by Husband or
His Relatives." In cases pertaining to "Marriage Related Issues"
(more precisely, "Dowry Related Issues"), the percentage of female
victims who died by suicide was highest, according to the National Crime
Records Bureau's "Accidental Deaths & Suicides in India 2021"
report[35] .
Although making up 6.9% of India's population, only 4.9% of Muslim women hold
official jobs. According to the 2011 Census, the percentage of illiterate
Muslim women was close to 48%, the highest of any religious group. Experts
claim that patriarchy and illiteracy have been two major causes of Muslim
women's low labor force participation[36] .
CHAPTER 7: LITERATURE REVIEW
|
Sr no.
|
Nature of Literature
|
Name of Literature
|
Review
|
Research Gap in Literature
|
Intended Research
|
|
1.
|
Article
|
What
Muslim Women face every day at work
|
The
discrimination faced by Muslim and Hindu women is discussed in this article.
It contains information from interviews and data that shows hiring managers
are more likely to hire a Hindu woman than a Muslim one. It also discusses
how the political landscape is evolving and how this is "brain
washing" the population.
|
The
article, while attempting to address the political climate, neglects to
address any other particular topic, such as the exploitation of women's
rights in marriage. It makes no mention of any relevant legislation or case
law.
|
In my
paper, I address a particular subject such as the exploitation of women's
rights in marriage. Additionally, it discusses relevant laws and case law and
makes recommendations for future avenues to advance women's rights which is
for both Hindu and Muslim women rights unlike the Article.
|
|
2.
|
Research
paper
|
Education
Of Muslim Women In India : A Brief Discussion From Past To Present
|
This paper examines the educational progress of Muslim women in India
since the country's independence as well as potential avenues for their
empowerment.
|
This paper focuses on the advancement of Muslim women's education in
India, with a particular focus on women's education. It does not address the
rights of women in marriage.
|
My paper
also explore the challenges in ascertaining women rights in marriage that too
for both Hindu and Muslim marriage and also addresses potential and
prevailing opportunities in the same.
|
|
3.
|
Research
Paper
|
Evolution
Of Hindu And Muslim Marriage Laws In India
|
This
essay examines the entire process for developing Hindu and Muslim marriage
laws from the ground up, including their main features, modifications made to
the regulations, significant case- judgments, and current evolution in terms
of laws and traditions
|
This
paper only talks about the personal law’s evolution and significance and is
not specifically taking about women’s right.
|
My paper
talks about significance of certain laws that aim at protection of women
right and aim to advance them further.
|
|
4.
|
Research
Paper
|
Review
On The Women's Rights And Islamic Law In Southeast Asia
|
This
study looks at how women's rights and Islamic law interact in Southeast Asia.
This study looks at how women's rights are affected by Islamic law as it is
understood and applied in the area. It also looks at possible areas for
reform that could strengthen the protection and advancement of women's rights
within the parameters of Islamic law.
|
This
research focuses on Muslim women’s rights in south east Asia and is not
specific to the protection of women’s rights in marriage.
|
The
opportunities that should be leveraged to promote and advance women’s rights
are added by my research which have been missing from current literature
|
|
5.
|
Article
|
9 Verses
From the Quran and Sunnah That Protect Women and Their Rights
|
This
article points out the verses from Quran and Sunna
that
indicate importance of women in Islam and the verses that aim at protecting
rights of women. This article is written with the objective to clarify and
establish that Islam does not promote or preach to practice acts that violate
women’s right.
|
As this
article specifically talks about Muslim women, it makes no mention of Hindu
Women’s right
|
My
research paper takes reference from this article and also adds the points of
Hindu women and their rights. My research also includes legislative sources
and reforms in it as well unlike in the article where only the primary
sources are considered like Quran and Sunna.
|
CONCLUSION
The
intricate interactions between gender dynamics, legal frameworks, and religious
standards in Hindu and Muslim weddings have been examined in this study paper.
The study has brought attention to the obstacles that women encounter while
attempting to exercise their rights under these customs, including patriarchal
standards, restricted autonomy, and discriminatory practices like triple talaq
and dowries. Notwithstanding these obstacles, the study has found a number of
avenues for improvement and reform, such as campaigns for legislative changes,
gender-sensitive readings of religious scriptures, and legal literacy programs.
This research adds to larger conversations on women's rights, social justice,
and religious freedom by thoroughly addressing these concerns.
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Article Information
RELIGION, LAW, AND GENDER EQUALITY: EXAMINING THE CHALLENGES AND OPPORTUNITIES FOR PROMOTING WOMENS RIGHTS IN HINDU AND MUSLIM MARRIAGES
Authors: DIYA PATEL
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/05/13
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
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