Muslim women in India are organizing against what they see as unfair laws regarding marriage, divorce, and property rights. Although the Indian Constitution offers all citizens equal rights irrespective of gender and religion, these rights do not extend to personal law. India does not have a uniform civil code; in family matters, legal decisions are based on religious law.
Muslims in India are governed by the Muslim Personal Law (Shariat) Application Act of 1937, which defines the scope of Muslim personal law as including all affairs regarding succession, marriage, dissolution of marriage, guardianship, and property rights. Muslim personal law is largely uncodified, and legal decisions are made by courts on the basis of the Qur’an and hadith. Organizations like the All India Muslim Personal Law Board (AIMPLB) and Jamiat Ulema-e-Hind (JUH) see themselves as spokespersons for the Muslim community, and lobby the government in cases where they believe Muslim law is being impinged upon.
Women’s groups have criticized the AIMPLB and JUH for their retrograde views regarding women’s rights. Continue reading