The Ordinary did the Extra Ordinary - Muslim Women Win for Themselves a Law against Triple Divorce

The Ordinary did the Extra Ordinary

Muslim Women Win for Themselves a Law against Triple Divorce

In the history of independent India, it is a first that the ordinary Muslim women have won a hard battle against the unjust practice of unilateral instant divorce. What Hindu women got in 1955-57 because of men like Nehru and Ambedkar, Muslim women got it through their own effort. No men, no scholars, no aalims, no lawyers – just ordinary women and activists whose sole concern was legal justice to Muslim women. Their struggle is of the women, by the women and for the women and also for the larger community. 

We know Shahbanu and Shahnaz were alone in their battles against entrenched misogyny, which enjoyed unquestioned political patronage. They challenged the sharia practices in the court of law, crying out discrimination and injustice. Not only were they not heard by the community but also hounded and pressurized into giving up their long drawn struggle. The well knit political, social and legal net of mullahs, religious institutions, government machinery and political parties were inextricably enmeshed leaving no room for women to even talk and express their anguish, let alone debate or demand. This entrenched network is singularly responsible for all the agony faced by Muslim women. Today the vested interest have no right to speak against the law because they allowed themselves to miss the bus which could have brought in much needed reforms in the personal law of the Muslims many years back. This syndicate, which scratched each other’s back at the cost of women, children and harried men too, did not allow any debate around the issues of personal law, treating it as their personal fiefdom, brooking no interference as if it was their citadel with no entry for anyone. Power balance within the community was too lopsided in favour of men. This power used pressure tactics, violence and community pressure to dissuade any women to raise her voice. These pressure tactics and strategies had full political backing leaving no room for women to assert herself even at the local police stations. The state comprising of government and political parties forgot all about their constitutional responsibilities towards the Muslim who is also a citizen of this country. 

This political apathy delayed the long due process of change but in hindsight it enabled women to rise up and challenge it herself. Victims and concerned women realized that if they won’t raise their voices nobody else would. It suits nobody, neither the Muslim men nor the political establishment to raise the question of security of Muslim women within the four walls of her house. If one cursorily looks at the backgrounds of women who led this struggle from the front, we see that they are from absolute humble backgrounds with no prior experience of activism or legal knowledge. Shayara, Afreen, Ishrat, Gulshan and Atiya are from lower middle class and poor families. They did not have large amounts of money nor any great social influence and definitely no political support. It was the sheer insensitivity of the socio-political system that spurred their strength into challenging the deep-seated discrimination and bias. It has been a women-led struggle all the way through with little or no support from any quarter. While the privileged amongst the community were insulated, the aware refused to speak up for the fear of backlash from the villainous clergy. All cloaked their arguments against reforms saying that Muslim women have got everything 1400 years back. When the women did not back out they gave legally coated arguments against state intervention. When this too did not dissuade the women, and then came the allegations and character attacks. Especially the last 5 years have been the most vicious where the most liberal and progressive stood hand in hand with the most regressive. That women who are demanding legal reforms are western, feminists, unIslamic, right wing Hindus in the garb of being Muslim, members of RSS, VHP and BJP and so on. Inspite of this sea of challenge from practically all established quarters, Muslim women won with huge support from within the community in the form of victims, their families and a large contingent of the brave women and men within and outside the community who spoke up for change. No doubt there that is a vast silent majority within the community, which has not spoken up for reforms but in their heart of hearts have welcomed the much need legal security.