PERSONAL LAW

Asghar Ali Engineer On Social Reform in Muslim Indian Society

And Progress towards Codification in Pre-Independence India even conservative Ulema took initiatives to usher in reforms. It was on the initiative of these Ulerna that the "Dissolution of the Muslim Marriages Act" was passed in 1939.

In the post-Independence period initiative for reforms (In Muslim Law).

Any reform movement to succeed should be within the framework of the religious scripture. Secondly, the reformer should be persuasive enough and use proper strategies to convince his fellow-religionists.

(In the 60s) Hamid Dalvai, completely disregarded the religious sensibilities and mounted an attack on the Islamic laws. He took a totally counterproductive and rigidified posture. Reform in the Muslim personal law became more problematic. In such an atmosphere, even a scholar like A.A.A. Fyzee found it difficult to argue for reforms.

The increasing communalisation of politics made it even more difficult to usher in reforms in the Muslim society. The trend reached its peak in the Eighties, when a series of major communal riots broke out making the Muslims feel more and more insecure. It was during the period that the controversial Supreme Court judgment in the Shah Bano case on maintenance was delivered.

The Muslim Personal Law Board reacted sharply against the judgment and launched a massive movement. The Shah Bano movement was a big mistake and such an aggressive attitude towards a reform measure was uncalled for. It only hardened majority communalism and caused greater harm to the Muslims the judgment was certainly not against the Quranic spirit, though delivered under the provision of a secular law. Now the political atmosphere has changed.

There is a perceptible improvement in the communal situation. Also, the women's movement in all communities is gaining strength. There is also a move among a section of Muslim women to devise a 'nikahnama', i.e., stipulating conditions against triple divorce and polygamy in the marriage contract.

Also, a group of Muslim intelligentsias has prepared a draft bill for setting up family councils at the State and district levels. These are constructive measured but have to gather the necessary thrust.

The Muslim Personal Law Board consist of highly orthodox people. It will not agree to any reform until it comes under great pressure. But one need not despair. Reforms cannot be postponed for long. The provision for triple divorce must go and polygamy should either, be abolished or severely restricted (which of the) contradictory trends of orthodoxy and religious reform  will have the upper hand depends on the balance of the social forces. The balance can be tilted in favour of reform if there is a will.

Private Member's Bill on Protection of Property Rights of Women

A Bill to protect the property rights of women and for matters connected therewith.

3. An unmarried woman

a) shall have the right to live in the house of her parents but shall not have the right to seek partition or disposal of such house;

b) shall have the right to claim an equal share in any property, other than the residential house or dwelling unit referred to in clause (a), as a coparcener to such property.

4. A married woman shall have the following rights, namely:-

(a) she shall have the right to live in the house of her husband whether owned by him or by his joint family or owned by him, solely or jointly, as a lessee or licensee:

Provided that such right shall not be void in the event of judicial separation, divorce or death of the husband.

(c) she shall have an option to have the custody of the children born out of the wedlock and shall have the right to claim maintenance, not inconsistent with the status of the family of her husband, from her husband, both for herself and for her children which shall include the expenses to be incurred on the education, training and upbringing of her children, in case of dissolution of marriage:

Provided that if in the interest of the education, training or upbringing of the children it is considered necessary or expedient to leave the children under the custody of the husband or anyone else, she shall have the right to free access to the children born out of the wedlock, irrespective of estrangement, desertion, divorce or death of the husband 5. A widow shall have the first claim and absolute right to the property of her deceased husband; shall be entitled to have such share and status, as the share and status of her deceased husband would have been, in the family business; and introduced in Lok Sabha by P. Lakshmi, MP on 16 June, 1997.