Inheritance, Divorce, Equality and Woman: Myth and Reality

For some time it has become fashionable for people to talk about issues which they don’t know. In recent times, the issue of Divorce among Muslims are being discussed in 24X7 TV News Channels, as if this is the biggest policy decision for Indians. The social media is trending #TripleTalaq and anyone is making comments to suit political or social interest. Has it anything to do with the right of the woman, equity or justice. This is something no one is ready to answer.

In Modern times, Lord William Bentick had to face the flack of the Hindu community for banning the sati in 1829. When the British wanted to increase the marriage age for the Hindu girls from 10 to 12, Balgangadhar Tilak launched agitation against the British Move. The Age of Consent Bill was passed by the British in March 1894. Hindu Law Reform Committee was appointed in 1941, and Hindu Code Bill was passed in 1965 despite huge opposition from some quarters. As for inheritance, it was as recently as in 2005 that Hindu daughter was made a coparcener with a right to inherit. There are no statistics to prove, how many Hindu daughters have benefited from the 2005 Law. As for divorce among Hindu Women, the situation is worse as many women are left to suffer without any clarification on the status. Take for example the case of Bihar Chief Minister Nitish Kumar.  His wife Manju Kumar Sinha was living separately and  did not have any relation for long time till her death in 2007. The death ceremony was solemnized by Nitish Kumar, but it is well known that he has been living with another woman for long time. Now, the question is Mrs. Sinha is not the only sufferer. There are thousands of such cases, where Hindu woman is not divorced, and she neither enjoys the fruits of marriage. Is this because of the rigid laws, which make the divorce difficult on the pretext of ‘till death do us part’? Moreover, the Hindu woman does not have any right to seek divorce from the Husband. And the tradition of ‘Streedhan’, makes it difficult for the father to arrange money for the marriage.  The sex ratio of the girl child is low in states like Haryana and Punjab, and it has compelled the government to launch ‘Beti Bachao-Beti Parhao’ scheme. Now compare this to the Muslim women.

Muslim woman enjoys the right to seek divorce under ‘Khula’, and ‘Fasq Nikah’. The Muslim woman was also bestowed with the right to inherit property in the 7^th century AD, when the entire world was treating women badly. It was a great reform to bestow women with the right to inherit property. It was to recognize the individual status of the woman, and not link her to Father-Husband-Son and subject  her to discrimination. Woman was also given the right to see and meet her future husband. And it was made compulsory that the Husband will pay her ‘Meher’ upon marriage to her. But human relations are delicate and subject to human emotions, ups and downs, social pulls and pressure. As Islam wants to make marriage easy, a provision for divorce was given to the both parties. However, the Quran makes it clear that of all the permission granted, ‘divorce’ is one permission, which is discouraged. And Divorce is subject to terms and conditions as clearly mentioned in Quran.  Maulana Abul Kalam Azad clearly mentions in his interpretation to the Quran, that Divorce is valid in three sittings. So, the entire public discourse about Three Divorce at one go is misplaced and presents a distorted facts to suit some group. As per the 2011 Census the Muslim Community has the lowest rate of divorce and as per the survey, the ratio of girl child is better among Muslims compared to other groups.

Woman and her individual identity and rights are important, and law should be made to make her position equal in the society in terms of her right to inherit and seek divorce.