By Mujeeb Rahman Kinalur
The recent hunger strike by V P Suhara, a 73-year-old Muslim women’s rights activist from Kerala, brought attention to the contentious issue of Sharia and women’s rights in India. Suhara’s courageous stance, demanding equal inheritance rights for Muslim women, echoed the struggles of countless women who have been denied their rightful share of property and dignity.
A Complex Issue
The debate on Sharia and women’s rights is complex and multifaceted. Sharia, or Islamic law, is based on the Quran, Hadith, and the consensus of Islamic scholars. However, its interpretation and application have been a subject of debate, particularly in the context of women’s rights.
Inheritance
Under Sharia, daughters typically inherit half the share of sons. This has led to numerous cases of women being denied their rightful inheritance.
Marriage and Divorce
Sharia permits polygamy, allowing men to have up to four wives. However, women are not granted the same right. Additionally, the process of divorce, known as “talaq,” can be initiated by the husband alone, often leaving women without recourse.
Custody and Guardianship
In cases of divorce, Sharia often grants custody of children to the father or his family, leaving mothers with limited rights.
Islamic Feminism and Progressive Islam
Islamic feminism, as argued by scholars like Amina Wadud and Asma Barlas, seeks to reinterpret Sharia in a way that promotes gender equality. Wadud’s concept of “gender jihad” emphasizes the need for a feminist interpretation of the Quran, one that challenges patriarchal interpretations and promotes women’s rights (Wadud, 2006). Barlas, on the other hand, argues that the Quran does not support patriarchy and that a feminist reading of the text can help to promote women’s empowerment (Barlas, 2002).
Progressive Islam, a movement that emerged in the 1990s, seeks to reinterpret Sharia in light of modern human rights standards. Scholars like Khaled Abou El Fadl and Omid Safi argue that Sharia can be reformed to promote justice and equality, and that Islamic law is not inherently opposed to women’s rights (Abou El Fadl, 2001; Safi, 2003).
The Stand of Secular Parties in India
Secular parties in India, including the Congress and Marxist parties, have historically advocated for a Uniform Civil Code (UCC). However, their stance on Sharia law and personal laws has been nuanced.
Marxist Party’s Stand
The Communist Party of India (Marxist) has emphasized the need for reform in various personal laws, rather than implementing a UCC. In a 2009 press statement, the party argued that the recommendation for a UCC by the Supreme Court would have a “reverse effect” on national integration, given the context of communal politics.
Congress Party’s Stand
The Congress party has also expressed concerns about implementing a UCC, citing the need to protect the rights of minority communities. However, the party has not taken a clear stance on reforming Sharia law or the Muslim Personal Law (Shariat) Application Act, 1937.
National Debate and Reforms
Suhara’s hunger strike sparked a national debate on the issue, with many calling for reforms to the Muslim Personal Law (Shariat) Application Act, 1937. The Act governs the inheritance rights of Muslims in India and has been criticized for its discriminatory provisions against women.
Government Response
In response to Suhara’s hunger strike, Union Minister of State for Minority Affairs, Kiran Rijiju, met with her in the presence of Suresh Gopi, Union Minister of State for Petroleum and Natural Gas and Tourism.
The debate on Sharia and women’s rights is complex and multifaceted. While Sharia has been interpreted in ways that discriminate against women, there are also modern interpretations and reforms that promote gender equality. As Suhara’s hunger strike reminds us, the struggle for women’s rights is far from over. It is essential to continue the dialogue and debate to ensure that Sharia is interpreted in a way that promotes justice, equality, and human rights for all.
References:
– Wadud, A. (2006). Inside the Gender Jihad: Women’s Reform in Islam. Oneworld Publications.
– Barlas, A. (2002). Believing Women in Islam: Unreading Patriarchal Interpretations of the Quran. University of Texas Press.
– Abou El Fadl, K. (2001). Speaking in God’s Name: Islamic Law, Authority and Women. Oneworld Publications.
– Safi, O. (2003). Progressive Muslims: On Justice, Gender and Pluralism. Oneworld Publications.
Mujeeb Rahman Kinalur is an author and cultural critic based in Calicut, Kerala.
27 February 2025
Source: countercurrents.org