Matrimonial Rights of Women Essay Example for Free

Matrimonial Rights of Women Es register Moslem law is a truly great jurisprudence worldwide, Moslem law is defined as the law gibe to the Moslem organized religion and as interpreted from the script also know as Sharia law. The sacred law of Islam is an comprehensive body of religious duties, the totality of Allahs commands that regulate the life of every(prenominal) Moslem in both its aspects. master(prenominal) feature of Islamic law is the f deport that there is no gather in separation of Mosque (is a go in of worship for followers of Islam) and state. Under Moslem law, the religion of Islam and the g everywherenment atomic number 18 one. Islamic law is controlled, control and regulated by the Islamic religion a theocracy. Islamic law purports to regulate whole exoteric and private behavior including mortalal hygiene, diet, sexual conduct, and child rearing. Islamic law now prevails in countries all over the Middle East and elsewhere covering 20 per cent o f the worlds population. Despite its recounting inflexibility, in virtually appearances, Islamic law is superior to other systems of law, such as the preference apt(p) to arbitrement in civil disputes.Islamic law composed of following elements* Sharia* Quran* Sunnah of illusionist Muhammad (generally known as Hadith)* Sunnah, literally miserlys path.* The Sunnah of Prophet Muhammad incorporates of his sayings, actions, approval and disapprovals.* ?Fiqh* Collection of juridical opinions inclined by various jurists as they pondered over the day-to-day application of Sharia* ?Fatwa* Legal opinions (typically non-binding) issued by fitted jurists.* Usually provided as an answer to a specific question.Sharia is based on wisdom and achieving hoi pollois welf ar in this life and the afterlife. Sharia is all ab break through justice, mercy, wisdom, and good. Thus, any ruling that replaces justice with injustice, mercy with its opposite, common good with mischief, or wisdom with n onsense is a ruling that does non go away to the Sharia even it is claimed to be so according to some interpretations.The main criticism on Islamic law from the western society is Islamic law discriminates womens rights. Western society has identified so many womens right violating incidents occurred in the countries which practices Islamic law or the countries which identify themselves as an Islamic republic. For example the following incidents could be recognized as the discriminatory aspect of Islamic law.Traditionally, the Islamic adult female marries at a young age to a man of her fathers choice. A keep up is entitled to come apart any clock time, even against his wifes will, by merely declaring verbally that this is his intention.Although the image of the egalitarian cleaning lady is slowly maturation within some to a greater extent secular Arab states, it remains largely confined to urban centers and upper-class circles. rite sexual mutilation of females is still com mon in rural aras of Egypt, Libya, Oman and Yemen. According to the UN, utilization of Arab womens capabilities through political and sparing participation remains the lowest in the world in quantitative terms.In some countries with elect national assemblies, women are still denied the right to vote or hold office.And one in every two Arab women wad neither read nor write. Wife-beating is a relatively common practice in Arab countries, and mistreated women father little recourse. As the State Department has noted regarding Jordan (and close of the Arab world) Wife beating is technically grounds for divide, alone the economize may namek to demonstrate that he has authority from the Quran to reprobate an irreligious or disobedient wife by striking her. Abstraction of all above issues points out that most of the restriction on Muslim women connected with their marital life. A patriarchy family system has been organize through Islamic norms and values. however Islamic legal experts and scholars denies the above statement and they strongly argue that Islamic law grants practicallytimes wider rights to womens especially in eccentric person of espousal life the Islamic women enjoys much wider rights other than non Islamic womens. Now lets snap myths and facts regarding the matrimonial rights provided under the Islamic law. number 1 of all lets see how Islamic laws treat gender make upity. And women shall choose rights similar to the rights upon them in a just and equit equal to(p) mood but men have a degree over them (Holy Quran2228). rendition given for the above poesy by Islamic scholars is the rights of the wives in relation to their hubbys are equal to their obligations toward their husbands but men in their obligations toward their wives stand a step further The step further of which the Quran speaks is not a position of greater rank or nobility. The step the Quran makes reference to is the de rigueur duty given to the man in the care of the woman it is not a degree of superiority. Allah appointive men with the responsibility to preserve and solely sustain women.The step further is in no way a form of dominance or preferment. The Quran consistently makes reference to equity, parity, and equilibrium among the genders. It disposes of genders and makes no promissory note whatsoever between the superiority or inferiority of men and women. On the contrary, it is the piety of a person that distinguishes him or her by ranks or degrees, not gender or lineage. As verbalize in this verse step further husband duty bound to wield his wife, Now lets see how does Shariah law ensures the Right to Maintenance of a wife. The duty to maintain a wife is the sole responsibility of a husband under Islamic Law.This can be seen in the Quran where it states that hands shall take full care of women with the bounties which Allah has bestowed more abundantly on the former (men, with several special merits) than on the latter (women) , al so because they spend a part of (their wealth) to maintain them.This command is further strengthened by a number of Hadith as follows Prophet said the following concerning women, And their rights which are your responsibility is to move and clothed them in accord to their needs Hence, from the above it is the duty and responsibility of a husband to buy at his wife from the day he marry her. This responsibility continues as long as they are married to each other. Upon divorce, a husband has to maintain his wife during the iddah period which is approximately 3 months. After the 3 months is completed, a husband may no longer have to reliever her. Apart from upkeep a woman is also entitled to mutaah (consolidation payment upon divorce) and matrimonial property (harta sepencarian)In effort of Maintenance Srilankan Muslim spousal relationship and Divorce Act provides that any claim for maintenance by or on behalf of a wife, legitimate child or illegitimate child (where both pare nts are Muslims) falls within the undivided jurisdiction of the Quazi. A Muslim womans right to maintenance during conjugal union is derived from the concept of nafaqa, which encompasses the planning of underlying needs such as food, clothing and accommodation to the wife. In contrast to the Maintenance Act, the husband has the primary obligation of providing support and a wifes own fiscal mean are irrelevant in determining her claim for maintenance. Maintenance after divorce is not recognized under Muslim personal law. However, the Muslim Marriage and Divorce Act provide three situations in which a break up wife may claim maintenance 1. until adjustment of the divorce2. During iddat (the period of time that a divorced wife must(prenominal) remain unmarried) and 3. If such woman is pregnant at the time of registration of the divorce, until she delivers the child. A wife who leaves her husbands base without valid and sufficient reason is not entitled to claim maintenance fr om her husband under section 21 of the Muslim Marriage and Divorce Registration Ordinance. In the case of Seyed Mohamed V.Mohamed Ali Lebbe Court held that When the woman abandons the conjugal domicile without any valid reason she is not entitled to maintenance. bare(a) refractoriness, as has been popularly supposed, does not lead to a throw in the towelure of her right But if she were to leave the house against his will without any valid reason, she would lose her right, but would recover it on her return to the conjugal domicile. What is a valid and sufficient reason for the wife to leave the husbands base is a effect for the discretion of the Judge. As a general principle a wife who leaves her husbands house on account of his or his transaction continued ill-treatment of her. continues entitled to her maintenance .Custody of the childShariah law give antecedency to womens in case of custody of child, One of the key relevant hadith is the following, a woman came to the Proph et and said Truly my belly served as a container for my son here, and my breast served as a skin-bag for him (to drink out of) and my bosom served as a refuge for him and now his father has divorced me, and he (also) desires to take him away from me. The Prophet said You have a better right to have him, as long as you do not marry again. From this hadith we could arrive a acquire understanding that in case of child custody the Mother has the priority.However, if the yield marries again she would generally forfeit her right to custody. This concept in custody which favors to renders has been adopted in several legal systems which include Muslim law as a personal law. For example in India the first and foremost right to have the custody of children belongs to the mother and she cannot be deprived of her right so long as she is not erect guilty of misconduct. Mother has the right of custody so long as she is not disqualified. This right is known as right of hizanat (custody) and it can be enforced against the father or any other person.The mothers right of hizanat was solely recognized in the interest of the children and in no sense it is an strong right. Srilankan legal system also follows similar phenomena in regarding the custody of Muslim child which ensures the priority of the mother to keep her children under her custody even without the bear of her husband. In re Wappu Marikar case Wood Renton CJ stated that according to Shafii school, the custody of a girl remains with the mother, not merely until pubescence, but till she is real married and in the case of a boy, till completion of his seventh year at all events, and from thence until puberty he may place himself under either parent whom he chooses. This case is a unmortgaged example to quote that srilankan Muslim law provides a wide safeguard to womens in regarding the custody of child.Rights on matrimonial propertyShariah law cleanly defines the rights of women on property. The Muslim woman ha s always had the right to own and manage her own property. Marriage in Islam does not mean that the man takes over the womans property, nor does she automatically have the right to all his property if he dies. Both are still regarded as individual people with responsibilities to other members of their family parents, brothers, sisters etc. The husband has the duty to support and maintain the wife, as stated in the Quran, and this is held to be so even if she is rich in her own right. He has no right to expect her to support herself, let alone support his children or him. If she does contribute to the household income this is regarded as a charitable deed on her part.Because of their greater financial responsibilities, some categories of male dealing, according to the inheritance laws in the Quran, inherit twice the share of their female equivalents, but others, whose responsibilities are likely to be less, inherit the same share -mothers and fathers, for instance are each entitle d to one sixth of the landed estate of their children, after bequests (up to one third of the estate) and payment of debts. Women are thus well provided for their husbands support them, and they inherit from all their relations. They are allowed to engage in business or twist at home or outside the house, so long as the family does not suffer, and the money they make is their own, with no calls on it from other people until their oddment. Men shall have their share of that which they have clear, and women a share of that which they have earned (Quran433)From the above verse from Quran married womens are treated sole owners of their property husband cannot claim any part of her property while unification exist of dissolved. Moreover Upon marriage the husband is required to give his wife a mahr (dowry) which then becomes her exclusive property. A woman can work for financial gain, without any obligation on her part to contribute to the household expenses. Islam also gives her inh eritance rights, make it a requirement for women to get their determined share. Two significant features regarding Muslim women matrimonial property are Mahr and Kaikuli. Mahr is like dowry in other communities which is demand by bride and provided by groom when marriage is solemnized.Mahr is a sole property of wife and husband did not have any interest on mahr property. raze after the dissolution of marriage husband cannot claim the mahr from wife but if there any correspondence has to be settled on agreed mahr the wife could claim that balance mahr after the dissolution of marriage. kaikuli means any sum of money paid or other movable property given or any sum of money or any movable property promised to paid or given, to a bridegroom for the use of bride, onward or at the time of marriage by a relative of bride or by any other person. Husband has the ownership of kaikuli property but he is unresistant to pay it over to the wife if she demands it, even during the subsistence of the marriage. The obligation is to return the property to his wife whenever she demands it or, if she dies, to her heirs.Rights on marriage and divorce.Marriage in Islam is viewed as an important and sacred union between a man and woman that fulfills half of ones religious obligations. A well-known passage in the Quran discusses marriage as follows Among His signs is that He created for you spouses from yourselves so that you might find repose with them. And He has placed between you nub and mercy. In that there are certainly signs for people who reflect. (Quran 3021).Marriage requirementsThere are basic requirements for marriage in Islam. First, a couple must mutually have to the marriage. This requires both a clear proposal and acceptance. A woman also must have a WALI or legal nourishor present during the process. If a WALI is not present a woman must be past puberty and competent to make the decision to marry. Brides are also entitled to a dowry that is typically negotia ted at the same time as the marriage contract. The dowry is specifically a gift showing warmth and devotion to the bride. There are two types of dowries a bride is entitled to the mahr and the MUAKHR, first, the mahr is the dowry given to the bride at the time of marriage before consummation takes place. She is not required to share this dowry and is free to do what she wishes with the gift.The bride is often asked her opinion to make sure she receives a gift she enjoys. MUAKHR is the second type of dowry that is given upon the death of the husband or the couples divorce. This is also referred to as the deferred dowry. MUAKHR is meant for both financial support and as a large consequence that the couple should consider when contemplating divorce. In situations of death, this amount is paid out before the estate is divided. If the estate cannot cover the entire amount, the wife is entitled to collect the amount from the husbands surviving family members who are also heirs to the est ate. She can also waive the obligation for any reason, including hardship on her husbands family.PolygamyThe most controversial topic in Islamic law is polygamy some critics say this concept is is a distinct violation of married women rights. However now lets canvas what Islamic law says about polygamy and polyandry If ye fear that ye shall not be able to deal justly with the orphans, draw women of your choice, Two or three or four but if ye fear that ye shall not be able to deal justly (with them), then only one, or (a captive) that your right hands possess, that will be more suitable, to prevent you from doing injustice. (Quran 43) Historically, the practice of polygamy existed before Islam without restrictions.Islam limited the number of wives to four and established clear rules and regulations for the practice to ensure fair treatment of each wife. Polygamy is an option and not a requirement in Islam. As was mentioned earlier, Muslims must follow the laws of the land that they live in as long as it does not contradict the requirements of the faith. Polyandry, or marrying more than one husband, is not permitted to maintain the childrens lineage for purposes of inheritance and protect childrens rights as heirs. Monogamy is the normal practice in the majority of Muslim communities due to the financial and emotional burden it carries.DivorceTALAQ is the word, used in Islamic law for divorce. It is an Arabic word and means set free. It is only in unavoidable circumstances that TALAQ is permitted as a lawful method to bring marriage contract to an end Requirements for divorce in Shariah Law1. He or she must have reached puberty and be capable of making a decision 2. He or she must be sane, conscious, alert, and free from intoxication or anger 3. He or she must be free from external pressure4. His or her intention must be clearDivorce must take place after the wifes menstrual period and no sexual relations have occurred since her period ended. If all the above factors are present, either the husband or wife can pursue a divorce or they can pursue a divorce jointly and amicably. In SriLanka Muslim marriage and divorce act provides clear guide line for the marriage and divorce part for Muslims. Most of the homeworks in this act accordance with shariah law law. In case of consent of the bride did not taken in account for marriage, consent of the bride is deliberate through the WALI (guardian of bride).This provision seems to be a clear violation of womens right however he movement for Muslim personal law reforms in Sri Lanka from a feminist perspective has been spearheaded by the Muslim Womens Research and Action Forum (MWRAF), a small group of professional Muslim women continuously emphasis the legislation to bring changes to ensure that the consent of both parties are obtained as an essential condition of a Muslim marriage and to make provision for the brides signature, given the fact that there is no space for her signature in the Mus lim Marriage and Divorce Registration Form and it is the wali or marriage guardian who conveys her consent on her behalf. However this pass has not been taken account by the legislation yet. In case of divorce, second schedule of Muslim marriage and divorce act defines the travel to get a divorce by women which obviously accordance with Muslim Shariah Law. Eventually the authority of implementing the divorce is vested with the Quazi.ConclusionSharia has certain laws which are regarded as divinely ordained, concrete and timeless for all relevant situations. It also has certain laws which are extracted based on principles established by Islamic lawyers and decides. The sharia as interpreted by Islamic lawmakers is believed by Muslims to be merely a human approximation of the true Sharia, which is understood as the divine and eternal go under path. In deriving Sharia law, Islamic lawmakers are not, therefore, actually creating divinely correct or ill-advised actions beyond questio n, but rather attempting to interpret divine principles. Hence Sharia in general is considered divine, but a lawyers or judges extraction or opinion on a given matter is not, though the process and intention to refer to Allahs law is divinely sanctionedMuslim laws developed from the shariah law are not merely reflecting shariah principles. It purely based on circumstances, traditions, communal influences and etc. as I stated earlier most of the critics from western society comments that shariah law lays some savage rules regarding womens. But actually Islamic laws are the pioneer laws which grant wider rights to womens. this article could only analyze the matrimonial rights grant to Muslim womens by shariah law apart from this rights shariah laws has given adequate rights on each social activities for womens.Islam provides rigid guide lines for pleasant domesticity. In Quran most of command orders the men to safeguard the women and to provide them all necessary rights and to treat h em equally. One of my favored quotes in Quran is The most honored of you male in the sight of Allah is he who is most righteous of you (4913). Interpretation given by Islamic scholars for righteous is maintaining the wife with equal rights from this verse we could realize how far the Islamic shariah law ensures matrimonial rights of women.Srilankan Muslim law is Constructed from Muslim social and communal structure which consist Islamic shariah law as a outcome part of it. SriLanka Muslim law deals with to the highest degree all social conduct of Muslims. Most of the matrimonial disputes arises in Muslim families has been amicably solved by Quazi courts which operates under Muslim marriage and divorce act. As we have discussed earlier part of this article srilankan Muslim law tries to ensure the married women right and it bound to operate within the criteria of shariah law. However the core concept of shariah law is to prevent party (husband and wife) from exceeding their limits. I had an interview with a Quazi judge who had come across more than 3000 of matrimonial disputes he stated thatMuslim Marriage and divorce act bound by shariah law is primarily intended to bring a peaceful hamlet regarding family issues. It provide safeguard to the married women for an extend, but we are required to act in moral manner which should give remedies for the weaker party (mostly womens). Moreover most of the divorce application initiated by womens and their husband are duty bound to provide adequate financial support to them even after dissolution of marriage this is a very essential safeguard for womens. As per the Muslim law, matrimonial properties of women are entirely be to her. Even though I wish some changes should be brought in Muslim law regarding the consent of bride at the time of marriage and the duties of register when he registers a second marriage -M.I. Abdul QaderQuazi JudgeAkkaraipattuFrom the above statement we could understand Srilankan Muslim law ha s given matrimonial rights to a Muslim women for an extend. But it should be amended to meet the needs of modern era therefore government should take essential steps to find put the contemporary life style of Muslim people and Srilankan Muslim Law has recompense according to satisfy the modern need of the people. 1 . Ibn al Qayyim (One Islamic Scholar, d. 1347) 2 . Arab Human information Report 2002, NY UN, 2002. 3 . U.S. State Department, Reports on Human Rights Practices for 1999. 4 . Quran Surah An?Nisa3 5 . Riwayat Musli 6 . sec 34,35,36 and 38(2) of MARRIAGE AND DIVORCE (MUSLIM) act Cap. 134 7 . S. C. 565-Board of Kathis Appeal 488 8 . 14 NLR 225 9 . (Quran 411) 10 . sec 47 64 of Muslim marriage and divorce act. 11 . Sowdoona v. Muees 1(1955) 57 N. L. R. 75 53 C. L. W. 47. 12 . Abu Dawoud, a companion of the Prophet, reported the following Omair al-Asdee was reported as saying When I accepted Islam, I was married to eight wives. I discussed this with the Prophet Muhammad who said Keep four only, and divorce the other four. 13 . See Hammudah Abd al Ati, Family Structure in Islam 54-56 (American Trust Publications 1977). 14 . sec29(4) of muslim marriage and divorce act.