Muslim Women, Marital Dissolution and Uniform Civil Code in India

Abstract

In many ancient societies, divorce was a recognised extension of marital rights. Interpretations varied among cultures, including the Hebrews, Israelites, and Romans. Although a few religions recognise divorce, Islam was the first to formally acknowledge it as a valid method of dissolving a marriage. England, on the other hand, only legalised divorce around a century ago. Divorce was illegal among Hindus in India before the Hindu Marriage Act of 1955, when it was legalised. Divorce was widespread and simple in early Arab societies. Some of this leniency is still evident in Islamic law, which has been shaped by this history. However, considering its effects on child-rearing and marital harmony, the Prophet considered divorce to be the most despised acceptable act. Islam allows divorce, but the way Muslim personal laws are applied in India frequently exposes women to gender-based discrimination, particularly when it comes to polygamy, talaq (unilateral divorce), custody, and inheritance. These problems are brought to light by the Uniform Civil Code (UCC) controversy. There are differing views within the Muslim community: many women's rights organisations support the UCC to advance gender justice, while others oppose it for religious reasons. This study investigates whether a shared civil code could respect religious freedom while addressing the systemic disadvantages Muslim women face. In India's diverse democracy, legal reform must balance individual rights with collective identity while also taking gender and cultural considerations into account. Family life is still rife with gender bias. Muslim women are increasingly speaking out against unfair traditions and supporting reforms throughout the Islamic world. Using successful global reform movements as a guide, they interact with contemporary feminist and legal frameworks to promote more equitable legislation. Ensuring Muslim women's legal rights in areas such as polygamy, child marriage, halala, muta, misyar, inheritance, custody, guardianship, and adoption is crucial as UCC discussions progress.