Abolish Unjust Muslim Personal Law

As I was going through yahoo news, I recognized general news of divorce of Muslim couple. I gone through details and found something interesting for writing my blog. As I started research, I received a lot of information on this subject. However, I couldn't able to get complete knowledge regarding Muslim law, but I think as per knowledge is enough for this blog.

Some of them says that Talaq requires a long procedure. This is totally wrong. The truth is that it may require a long procedure for Muslim women for wanting divorce because she has to file a petition in court under Dissolution of Muslim Marriages Act,1939, and it is well known that in our country court cases takes several years to decide, and even thereafter, there may be appeals and second appeals. However, a Sunni husband can immediately divorce his wife by triple talaq (Talaq-ul-bidat). Such a talaq is invalid according to Shia law, but it is valid according to Sunni schools of jurisprudence, as held in Privy Council decision in Rashid Ahmad VS Anisa, A.I.R. 1932 P.C.25.

Though the preferred manner of divorce is talaq ahsan or talaq hasan, yet talaq ul bidat is good in law, and is the most common and prevalent mode of divorce in India vide Amruddin vs Khatun Bibi (1917) 39 All. 371, 375. See in the connection of Mulla's Mohomedan law, 19th edition, p. 261, Ameer Ali's Mahomedan Law, 5th edition,p. 1556, etc. 

As regards Khula and mubarraat divorce, both require agreement between husband and wife. The main distinction between khula and mubarraat is that in the former the aversion is mutual. In a khula divorce an offer has to be made by the wife to the husband for agreeing to divorce her on payment of compensation by her, vide Ghualm Sakuna v. Umar Baksh, A.I.R. 1964 S.C. 456 AT p. 459.

In Mulla's Principles of Mohamedan Law, 19th edition p. 265 it is stated that a Muslim marriage may be dissolved not only by talaq which is done unilaterally by the husband but also by an agreement between husband and the wife. This agreement between husband and the wife. This agreement to dissolve the marriage may take the form of khula or mubaarrat. Thus, in both khula and mubarraat there has to be an agreement between husband and wife. It follows, therefore, that if the husband does not agree there cannot be a khula or mubarraat divorce. In other words, khula and mubarraat cannot be done unilaterally by the wife, unlike talaq which is done unilaterally by the husband. Hence, the wife does not have the right to get a divorce even in khula form akin to the right of the husband.

All this indicates the inequality between man and woman in the shariat law of divorce. The Shariat was a creation of medieval times when women were regarded as inferior to men. However, when society changes, the law too has to change, because the law reflects the social relations in a society at a particular stage of its historical development. Surely, laws made in Arabia in the 7th or 8th centuries women were regarded as inferior to men but the modern age is an age of equality and now discrimination against women is unacceptable and has to be abolished.

As per the topic is mostly new to many, it had been a lot to earn some information against Muslim Law. My research will continue regarding this topic and some other Muslim laws. Do share your point of views regarding this topic it will be kind help for me.