A Picture of Gender Inequality in Muslim Personal Law

gender equality

Table of Contents

The Concept

Inequality refers to the phenomenon of not treating people on the same terms. Personal laws become subject to unequal treatment easily. In Muslim personal laws, the provisions are biased towards males in some categories and towards females in others.

The Court of law is the overseer of rights enshrined in the Constitution of India. Article 14 asserts the Right to Equality before Law and Article 15 covers Prohibition against Discrimination. The Court of law strives to eradicate the disparity through various precedents.   

Marriage

Marriage is a sacred solemnization of a bond. Muslim marriage is considered a contract between bride and groom.

The marriage consists of an offer, acceptance, and consideration in the form of Mehr is a promise to the female partner. The concept of Mehr is an essential religious practice and is promised as a form of maintenance after being provided after talaq.

There is no such provision of Mehr for the male partner as he is impliedly considered as a guardian of his wife.

Age of Consent

According to the aforementioned contention that Muslim marriage is a civil contract, consent plays an extremely prominent role. And, to develop a rational understanding for entrust assent, the age of majority is essential. The age of majority in Muslim personal law is 15 years. Moreover, the minimum age to get married for girls is 9 years and for boys 12 years.

The disparity in the age of the majority considered for marriages is a vindictive epitome of gender bias in Muslim personal law. This extends the stereotyped formula of society that the wife should be younger than the husband.

Furthermore, the age of the girl does not hold prominence; the guardian’s permission is sufficient to execute the marriage ceremony.

Polygamy

The term polygamy refers to a procedure of having multiple spouses. The Muslim personal law allows the phenomenon of polygamy, and it applies to males who are its subjects. The holy book of the Quran permits the male followers of the Islam religion to have four wives.

The concept a fortiori exhibits inequality as the female admirers of the same religion do not possess the right to polygamy. Furthermore, polygamy puts a financial burden upon the husband as maintaining multiple wives requires a substantive division of income. And, such division leaves an impact on the living standards of the first wife or previous wives.

Competent Witness

Muslim marriages require witnesses during the commencement of the ceremony. The number of witnesses required by the personal law is – two male witnesses or a single male witness along with two female witnesses to assert the execution of marriage.

The requirement of one male witness in comparison to two female witnesses exhibits the intent of valuing two females equal to a male witness. The testimony of two female witnesses and one male witness has homogenous reliance. ((Surah-An-Nisa [4:3]))

Custody of Child

The law of custody of child and guardianship runs parallel to each other but is diversified in nature. Law also considers their concept analogous to each other.

Custodial right is entrusted to a Muslim mother till the age of 7 years in the case of a son and the age of attaining puberty in the case of a girl child. Moreover, the father is considered a natural guardian of the child, and the mother is not entitled to become a guardian even after his death.

After the death of the father, the executors of the father become the guardian of the child under the Sunni school of Muslim law.

Inheritance and Succession

Women who belong to Islam do have the right to acquire property. Nevertheless, they are only entitled to half of the shares of male members of the same religion.

Additionally, even after acquiring a share in the property, only men are termed as legal heirs.

Divorce

In Muslim personal law, the most discriminatory subject is the practice of divorce. Male members are allowed to give divorce or declare the divorce without attesting any reasoning for the same.

Nonetheless, Muslim women have close to no right to divorce in their personal law. There is no ground for a woman to declare divorce from her own wish. A woman who is subject to Muslim law can only go for divorce if her husband has delegated her right to take divorce.

This phenomenon is known as Talaq-e-tafweez under Muslim personal law. This was asserted by the court of law in Md. Khan vs. Shahmai. ((AIR 1972 J&K 8))

Way Ahead

The article is not subject to a conclusion as there are several initiatives taken by the court to nullify the bias.

Goa has become the first state to implement Article 44 of the Constitution of India which asserts a Uniform Civil Code for all.

Additionally, the court with the help of several precedents initiated certain evolutions in the Muslim personal law. In the case of Yunusbhai Usmanbhai Shaikh v. State of Gujarat, the court of law clearly stated that the age of majority for girls must be 18 years. ((Criminal Misc. Application (For Quashing and setting aside FIR/Order) No. 8290 of 2015))

In Md. Ahmad Khan vs, Shah Bano Begum (AIR 1985 SC 945) the Apex court confirmed that the practice of triple talaq is not an essential religious practice in the Muslim religion. And,  the practice is contrary to provisions for equality in the Constitution of India.  


by Khushi Shukla

Disclaimer: The opinions expressed within this article are the personal opinions of the author. The facts and opinions appearing in the article do not reflect the views of Adjuva Legal and Adjuva Legal does not assume any responsibility or liability for the same.

Share This Post

Top Rated Service 2026
Google star 1Google star 2Google star 3Google star 4Google star 54.9
4.9Google star 1Google star 2Google star 3Google star 4Google star 5
verified by Trustindex
Trustindex verifies that the company has a review score above 4.5, based on reviews collected on Google over the past 12 months, qualifying it to receive the Top Rated Certificate.
Posted on Google Google
The Dance Trainee
25 June 2024
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Good service and highly transparent regarding refund process
Posted on Google Google
Abhilasha Upadhyaya
20 November 2022
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Mr. Srivastava is very professional and yet extremely humane, he not only offers a patient hearing but also suggests all options in detail so that it gets clear that how should one proceed. His advise is not only limited to his profession but also for the betterment of others lives. It's a pleasure to find such fine individual and professional in one person.
Posted on Google Google
Abhinav Prakash
18 December 2023
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I am so thankful to this law firm who not only helped me to draft documents to file the consumer case against a major Indian brand but also made me realise the importance of knowing my consumer rights. I finally won the case by having arguments completely on my own at the court in Bangalore. It was a year effort but worth the effort. Thanks again.
Posted on Google Google
Aftab Khan
12 January 2022
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Hello Randomy I want to inquire something personal going in my life so i got in touch with Mr.Utkarsh Srivastava to help me out he was so fast in his response and very professional his guidance help me a lot thank you very much
Posted on Google Google
Sindhu Sree
31 March 2024
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
They are very kind and honest people to refund the money and they are providing good service
Posted on Google Google
Aman Kumar
8 June 2021
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I've been in touch with their team for quite some time now. The ease of communication and their ability to spot minor details even in the most complicated projects make them priceless.
Posted on Google Google
Nisha Srivastava
28 May 2021
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Amazing Experience Hello everyone. Just wanted to share that I had an amazing experience with Adjuva Legal today. Mr. Saket was knowledgeable, patient and a great help, and provided the appropriate legal advice. I am really thankful for his kind support.
Posted on Google Google
Jini Susan
8 July 2021
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I had a good experience.... Thank you Utkarsh sir for the valuable time and for the all the information which have given. I m so happy with the consultation. Thank you once more.
Posted on Google Google
Prateek Tewari
29 September 2024
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Nice team for right advice
Posted on Google Google
S.M. Rajesh
14 August 2021
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
India no : 01 , I experienced my self they work professionally and charges reasonable , Job done is excellent. " Trustable. "

Recent Articles👇🏻

This field is for validation purposes and should be left unchanged.
Email(Required)

Book a Time to talk 😍

To get Instant support - call us or send a message

Get Your First Consultation FREE via whatsApp!