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Muslim Women
In
India and Secular Courts
Indian Kaleidoscope
Essays on Contemporary Issues
By
Vasundhara Mohan
Shirin Huda
 Indian
Constitution guarantees equal treatment and equal rights
to all its citizens irrespective of their religion,
gender etc. All citizens are entitled to equality before
the law and equal protection of the laws. The
Constitution also allows religious minorities to be
governed by their personal laws. But, if the personal
laws discriminate between men and women and the latter
suffer unjust treatment, and mental agony, can’t they
expect justice from the secular courts? Can the
judiciary of a secular democracy remain a mute spectator
if a section of the citizens suffer unjust treatment
under the personal laws? In spite of several
disadvantages they suffer, Muslim women generally reject
secular, western-inspired feminist views on reform and
remain attached to their faith. But, when they suffer
discrimination under the personal laws, they are forced
to seek justice in the secular courts and the latter
cannot turn the Muslim women away when they seek
justice. The secular courts have to keep the provisions
of the laws of the land as well as the Muslim personal
law in mind while deciding the cases brought before
them.
This book gives a background of Muslim personal law in
India and examines the decisions handed down by secular
courts in a variety of cases. The conclusion drawn is
that the secular judiciary’s decisions are always well
considered; keep within the bounds of the Muslim
Personal laws while at the same treating Muslim women as
human being first and citizens of India next.
Contents
-
Introduction
-
Shari’ah and the Muslim Personal Law
-
Aspects affecting Muslim Women
-
Shari’ah Courts and Family Courts
-
Muslim Women and Secular Courts
-
Conclusion
Bibliography
Price
Rs.495/-
Total
pages: 160
ISBN
81-7871-182-6
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of books written and edited by Dr. Asghar Ali Engineer |
