DISCRIMINATION OF WOMEN UNDER MUSLIM PERSONAL LAW

Submitted by UTKARSH SRIVASTAVA Division A. Roll No 37.Class BBA LLB of Symbiosis Law School, NOIDA

Symbiosis International University, PUNE In

NOVEMBER, 2011

Under the guidance of Prof Vikram Singh

Designation and official address of research guide Assistant Professor, Course chief faculty for Family Law

CERTIFICATE

The project entitled DISCRIMINATION OF WOMEN UNDER MUSLIM PERSONAL LAW submitted to the Symbiosis Law School, NOIDA for Family Law as part of Internal Assessment is based on my original work carried out under the guidance of Prof Vikram Singh from 1st November to 25thNovember . The Research work has not been submitted elsewhere for award of any degree The material borrowed from other sources and incorporated in the thesis has been duly acknowledged. I understand that I myself could be held responsible and accountable for plagiarism, if any, detected later on.

Signature of the Candidate

Date: 25stNovember, 2011

ACKNOWLEDGEMENT

It is a great pleasure for me to put on records my appreciation and gratitude towards Dr. C.J. Rawandale, Director for his immense support and encouragement all through the preparation of this report. I would like to thank my faculty Prof Vikram Singh (Project Guide) for his valuable support and suggestions for the improvement and editing of this project report. Last but not the least, I would like to thank all the friends and others who directly or indirectly helped me in completing our project report.

ROLE OF WOMEN IN MUSLIM PERSONAL LAW

Muslim Law could be seen as an admirable system of jurisprudence providing, as it did, many rational and revolutionary concepts that could not be conceived by the other systems of law then in force at that distant date. It provided, for example, for the right of inheritance to the females even when there were male heirs and also the modern concept of divorce by mutual consent, while the other systems of law took so many centuries to do so. But as a result of deplorable distortions made by, and unfortunate metamorphosis undergone at the hands of Anglo-Indian courts, substantial portions of the Muslim law as administered by these courts have quite obviously failed to earn the appreciation which the Muslim law in its modified frame rightly deserved because of its rational, realistic and pragmatic approach in many respects. In very old times, amongst a plethora of existent religions , Islam emerged, consisting of a radically new concept of a religion, to fulfill the needs and aspirations of the tribes and communities of the Arabian states. 1

However, Islam claimed to be a universal religion, intended for all times. It emerged as a practical religion and continued to aid each of its followers, irrespective of race, nationality, language and gender, the last contention however being debatable. 2

However, to understand the nature and scope of the rules and procedures envisaged by Islam, it is imperative to understand the position of law prevailing in the pre-Islamic era. The position accorded to women was of extreme inequality and devoid of any claim over any asset or any other rights. Polygamy was widely practiced and divorce was almost given out of habit than necessity. Moreover, woman was never a free agent in marriage, as she was largely given in marriage by her guardians, her consent being immaterial. The practice of killing and burning alive of female infants was also not uncommon among Arabs.

El-Khouli, Al-Bahiy, "Min Usus Kadiat Al-Mara'ah" (in Arabic), A 1- Waay A l-lslami, Ministry of Walcf, Kuwait, Vol.3 (No. 27), June 9, 1967, p.17.
2

Abd Al-Ati, Hammudah, Islam in Focus, The American Trust Publications, Plainfield, IN 46168, 1977.

In this context, the view expressed by an eminent authority on Islam law, Asghar Ali Engineer is worth noting;3 Although Mecca was an important commercial center of international dimensions, the tribal social structure had not been dissolved. It continued to be predominant although it was in the process of disintegration. Again the tribal pattern was patriarchal since the known history of the area. As the legend has it Abraham, the chief patriarch of the Jewish tribes had two sons Ishmael and Isaac. The Arabs are said to have descended from Ishmael whereas the Jews from Isaac. All of them were patriarchal and their value system was accordingly determined.

Thus, on the basic common platform for Judaism and Islam itself, one can see that there exists a patriarchal value system and therefore, denigrates women and greatly, affects their status in a deplorable manner.

All family laws- Hindu, Muslim, Parsee, Sikh, Jain and Christian personal laws-have certain common features. All of them recognize the man as the head of the household, they sanction patrilineage and patrilocality, they treat women as mens property and consider the father to be the natural guardian and they perpetuate double standards in sexual morality and property rights.

It is common knowledge among those reasonably acquainted with law that women are greatly deprived of their rights within the laws that govern crucial aspects of the man woman relationship: marriage and divorce, custody of children and guardianship rights, alimony and maintenance for divorced women as well as property rights. The question of women has acquired great importance throughout the world today among all communities. This is for obvious reasons. For centuries, women have been in total subjugation in male-dominated patriarchal societies. It has been a natural law to regard women as the inferior sex and for them to submit to male authority for the smooth functioning of society in its day to day progress. However the status of women and their responses to the codification of personal laws was the
3

Allen, E. A., History of Civilization, General Publishing House, Cincinnati, Ohio, 1889, Vol. 3.

most important feature that was not considered by the British, not by the legislators in the post independence era and even today in the 21st century. Muslim women somehow continue to be unrepresented, unheard of and carry no form of whatsoever in the formation of laws that have to be governing them. They are just represented by various interest groups that have vested interest and political leaders who merely treat communities like Muslims as their vote banks.4 It is in the light of such an emerging context of Muslim women and their rights in todays world, that the researcher hopes to provide an insight to the law governing Muslim women and their predicament as far as divorce is concerned which is by far one of the most important areas of personal laws.

Al Siba'i, Mustafa, Al-Alar'ah Baynal Fiqh Walqanoon (in Arabic), 2nd. ea., Al-Maktabah Al-Arabiah, Halab, Syria, 1966.

DISCRIMINATIONS OF WOMEN IN QURAN

1) MEN ARE SUPERIOR TO WOMEN

Qur'an- 4:34i5 "Men have authority over women because Allah has made the one superior to the other, and because they spend their wealth to maintain them. Good women are obedient.

2) MEN ARE COMMANDED TO BEAT THEIR DISOBEDIENT WIVES

Qur'an- 4:34 "As for those from whom you fear disobedience, admonish them and send them to their beds apart (stop having sexual relations with them), and beat them." The above verse was revealed in connection with a women who complained to Muhammad that her husband slapped her on the face, which was still marked by the slap. At first Muhammad said to her "Get even with him", but then added 'Wait until I think about it". Later on the above verse was revealed, and Muhammad added, 'We (He and the woman) wanted one thing, Allah wanted another. In other words, God blessed a man slapping around his wife. Zamakhshari, Jalalan and Baydawi also support this. The Arabic is much stronger that the words "beat them". It actually says "scourge (whip) them". Muhammad Pickthall correctly translates it this way in his version of the Qur'an." Another Muslim scholar (Imam al-Mawawi, in Riyad al-Salihin, ("The Orchards of Righteous Men"), p 107-108) addresses this issue by relating a story from early Islam: "Umar Khattab came to Muhammad saying, 'Women have dared to disobey husbands.' He (Muhammad) allowed their husbands to scourge them. Many women approached Muhammad complaining against their husbands because Muhammad received a verse for the Qur'an which commands their husbands to scourge them."

The Holy, Qur'an: Translation of verses is heavily based on A. Yusuf Ali's translation, The Glorious Qur'an, text translation, and Commentary, The American Trust Publication, Plainfield, IN 46168, 1979.

In addition to this Zamakhshari writes "Muhammad said 'Hang up your scourge (whip) where your wife or wives can see it'", (BTV, p81). This is meant to remind the wife that disobedience will bring physical punishment. Asma, Abu Bakr's daughter said, "I was the fourth wife of al-Zabayr Ibn Awwam. Whenever he became angry at any of us he struck us with a hook rod until it was broken". Zabayr was one of Muhammad's special 'companions'.

A MAN INHERITS MORE THAN A FEMALE6

A man gets more of an inheritance than his sister gets. Qur'an 4:11, 176- "A man shall inherit twice as much as a female". Following vs. 11, the next verses detail percentages of who receives what. Again, men come out on top.7 Some Muslims say that men inherit more than women because the male is the bread winner, and the women is to be supported by her male relatives. But there are circumstances possible where the sister would be in more need of finances than the brother. What if the sister is married to a poor man and has many children, and her brother is wealthy? Why does Islamic law deny women an equal share in the inheritance? Why does the woman have to trust her male relative's discretion? What if he squanders the money? In this case, women are at a disadvantage.

MEN CAN HAVE SEXUAL RELATIONS WITH WIVES AND CONCUBINES

A man can fulfill his sexual desires with a variety of women. Qur'an- 23:5 "Blessed are the believers...who restrain their carnal desires (except with their wives and slave girls for these are lawful to them)...
6

Sarala Mudgal v. Union of India, AIR 1995 SC 153

The Holy, Qur'an: Translation of verses is heavily based on A. Yusuf Ali's translation, The Glorious Qur'an, text translation, and Commentary, The American Trust Publication, Plainfield, IN 46168, 1979.

In other words, men can have up to 4 wives, and he can also have sexual relations with as many slave girls as he owns. Muhammad had at least one captured female who he had sex with - Rayhana. Muhammad had massacred 800 Jewish male captives. He then sold the women and children as slaves. He kept at least one female for himself - Rayhana. He wanted to marry her, and she refused, so he kept her as a concubine. (Sirat, p466). Mariyam was also his concubine, until she gave birth to a son- Ibrahim. After that, Muhammad married her. (KTK, p151) It was okay for a man to use his female slaves for his personal sexual pleasure. However he was not allowed to make her a prostitute. Arabs used to wait for one period cycle before having sex with their slaves so as to make sure that they are not pregnant.

DIVORCE8
The Qur'an also treats women like a pieces of property for men. The ease of divorce accommodates the man, but not the women (in most cases she needs her husband's permission). Ref. 4:20 - "If you wish to replace a wife with another, do not take from her dowry... that would be unfair".9 If a man has divorced his wife three times she may not remarry him, until she has married another man, and consummated that marriage, then divorced the other man. ref. 2:230. Islamic law calls this other man 'Muhalil'. This is supported by Bukhari 7, p136, and the commentators Jalalan, Baydawi, and Soyuti. (BTV, p102) Women can be divorced by their husbands with or without cause, but she can only seek divorce from her husband with her husband's consent, (HDI, 'Women')

Dagdu S/O Chotu Pathan, Latur vs Rahimbi Dagdu Pathan, Ashabi

Equivalent citations: 2003 (1) BomCR 740, 2003 BomCR Cri, (2002) 3 BOMLR 50
9

Saddiquinissa case

3) LEGAL TESTIMONY
A woman's legal testimony is worth half of a man's, (only except in the event that she is accused of adultery). Qur'an- 2:282 "...and call in to witness two witnesses, men; or if the two be not men, then one man and two women, such witness as you approve of, that if one women errs the other will remind her."

4) WOMEN ARE DEFICIENT IN INTELLIGENCE COMPARED TO MEN

In the Hadith Muhammad also said a variety of negative things about women. Here is the Hadith: "Narrated Abu Said Al-Khudri: Once Allah's apostle went out to the Musalla (to offer the prayer) of Id-al-Adha or Al-Fitr prayer. Then he passed by the women and said, "O women! Give alms, as I have seen that the majority of the dwellers of Hell-fire were you (women)." They asked, "Why is it so, O Allah's apostle?" He replied, "You curse frequently are ungrateful to your husbands. I have not seen anyone more deficient in intelligence and religion than you. A cautious sensible man could be led astray by some of you". The women asked, "O Allah's apostle! What is deficient in our intelligence and religion?" He said, is not the evidence of two women equal to the witness of one man?" They replied in the affirmative. He said, "This is the deficiency in your intelligence. Isn't it true that a women can neither pray nor fast during her menses?" The women replied in the affirmative. He said: "This is the deficiency in your religion." Bukhari, volume 1, #301, and vol. 3, #826: Some Muslims say that there is no comparison with men here. "Deficient in intelligence...? Deficient compared to who or what? What or who is the standard? The context and reference of the quote will give us the answer. Let's take a look at the sentence in question: "I have not seen anyone more deficient in intelligence and religion than you (the women he was talking to)." He's calling them 'deficient in intelligence'. Deficient means "lacking, defective, insufficient, inadequate".

Muhammad is saying that women's intelligence is all these things. Are women deficient when compared to children? To dogs? To donkeys? To God? What is Muhammad's standard? The women question him on this; they are wondering why he said that. They ask, "Muhammad, how are we defective, insufficient, lacking and inadequate in intelligence?" Muhammad answers with some words similar to those in the Qur'an: "Is not the evidence of two women equal to the witness of one man?" He cements women's deficient intelligence by pointing out to them that their testimony is worth half of a man's. These women, knowing his teaching agree. Muhammad then points out "This is the defectiveness in your intelligence." Muhammad references men when justifying his statement that women are deficient in intelligence when compared to men. Muhammad uses the testimony of men as the comparison. Women are being compared to men, there is no doubt about it. Muhammad elaborated on his 'inadequate in intelligence' statement by tying their 'deficiency in intelligence' with the Quran's verse of 2:282. In effect, Muhammad says to them, "You women are somewhat stupid, so much so that your testimony is worth only half of a man's. Here is the pertinent part of 2:282 - "Call in two male witnesses from among you, but if two men cannot be found, then one man, and two women whom you judge fit to act as witnesses, so that if either of them commit an error, the other will remind her." The Qur'an also implies that women are deficient in intelligence when compared to men. It does not explicitly say "women are deficient in intelligence when compared to men", but when the Qur'an says "men are superior to women" (4:34), "and the testimony of two women equals one man's" (2:282), it implies women are of inferior intelligence (when compared to men). But why do you need two women's testimonies for one man's? Why couldn't one be good enough? The bottom line is that women don't equal men in this testimony. Muslims point out that in cases of adultery, a women's testimony is more valid than a man's (refer to Qur'an- 24:6-9). But that is only for the case of adultery. These Qur'anic verses related to this deal explicitly with un-chastity. It is not the other way around. What the verses say are that in the case of a women being accused of sexual sin, her testimony is just as valid

as her husband's. Perhaps because Muhammad thought the women should know if she committed sexual sin, so he gave women the benefit of the doubt. Muslims try to say that the context of 2:228 relates to testimony on financial transactions, which are often complex and loaded with business jargon. What Muhammad meant is that women were deficient in intelligence because at the time they were not familiar with business related issues. This sounds like an easy out, but it isn't. Muslim's believe that the Qur'an is the literal word of God. What the Qur'an lays down as law, they must follow. Why would the Qur'an lay down a law like 'you must have two women's testimony, to account for one man's testimony'? If it were only a case of local custom or culture, would it have become Qur'anic law? No, Allah is making a point, establishing a precept for future Muslims to follow: "Two women's testimony for one man's." Further, didn't Khadijah (Muhammad's first wife) own a business? Was she so financially inept that she couldn't deal in business? Were all the women back then so ignorant and backward? I don't think so. Let's examine some Muslim writings related to this. Here's a contemporary one. Recently, a female Muslim writer commenting on the two for one witness law wrote: "Women were made to bear and feed children, therefore they are very emotional. And she is forgetful, for if she did not forget how it is to give birth she would not have another child. That is why she will not be as reliable a witness as a man". (Taken from "The Age", Life behind a veil of Islam, 3/3/1992, p11. A quote from a contemporary Muslim - Dr. Aly Farrukha, Director of Islamic Studies in Chicago says: "The issue of a woman's testimony in court is a divine order which necessitates that a woman who is a witness should be accompanied by another woman in order to remind her if she forgets and to correct her is she makes an error." (So they are saying that a womans memory is also poor)

This Muslim scholar states that woman's testimony is worth half of a man's in all legal issues. I will add except for the charge of un-chastity. Now, from the Jalalan (p79), a great Muslim Qur'anic commentary: "Men have been given authority over women to discipline and control them by the merits of KNOWLEDGE, INTELLIGENCE, and custody..." Finally, let me quote from the Muslim writer Ali Dashti (in "23 Years: A Study of the Prophetic Career of Muhammad", p113, 114) "According to the Tafsir ol-Jalalayn, the superiority of men lies in intelligence, knowledge and administrative ability. Zamakhshari, Baydawi, and several other commentators go into more detail and construct metaphysical theories; they liken men's authority over women to that of rulers over subjects, and maintain that prophethood, prayer-leadership, and rulership are reserved for men because men are stronger, more intelligent, and more prudent." Sounds pretty clear to me. Islam teaches that men are superior to women in intelligence. (I should be happy with this as I am a man but what about Equality, women's rights!)

4.1) MEN ARE THE MANAGERS OF WOMEN

Islam, teaches the husband to be responsible for his wife and household as indicated in 4:34. It is his role as 'qawwam' or manager. In the Hans-Wehr Arabic-English Dictionary, p80010: 'Qawwam' means: manager, director, superintendent, caretaker, keeper, custodian, guardian". Islamic men do indeed manage their women. But there is another part of 4:3411.... "Men have authority over women because God has made the one superior to the other, and because they spend their wealth to maintain them. Good

10

The Encyclopedia Britannica, (11 th ed.), University Press Cambridge, England, 191 1, Vol.28. Encyclopedia Americana (International Edition), American Corp., N.Y., 1969, Vol.29.

11

women are obedient.........Then if they (the women) obey you (the men), take no further action against them." So, Islam also requires women to submit to men. As a final reference, examine Muhammad's farewell address. I quote from Guillaume's translation, page 651: "Lay injunctions on women kindly, for they are prisoners with you having no control of their persons". You can see that men do more than 'maintain' women. They indeed are women's managers. 4.2) Women are deficient with respect to men in piety.12 4.3) Women are deficient in gratitude when compared to men. Continuing with Bukhari, vol. 1, #28:

12

Faridah Begum bte Abdullah v. Sultan Haji Ahmad Shah (1996) 1 MLJ 617

Status of Muslim women in India

According to the 1991 Government of India Census, there are over 48 million Muslim women in India.2 Currently available fragmented statistical and micro studies e.g. on Muslim women reiterate that the majority are among the most disadvantaged, economically impoverished, and politically marginalized sections of the Indian society. These studies suggest that, like other women, Muslim women too are not homogeneous, and are differentiated along the fault-lines of class, caste, community, and region. Their lives are similarly located at the intersection of gender, family, and community within the dynamic context of Indian society, polity, and economy. At the conceptual level, this paper seeks to investigate the status of Muslim women within a theoretical framework of social inequality and inter-group disparity.

On the completion of more than five decades of independence, women in Muslim communities face considerable challenges as citizens of India and as members of India's largest minority. Their poor socio-economic status reflects a lack of social opportunity which, though not a feature exclusive to Muslim women, is exacerbated by their marginal status within an overall context of social disadvantage for most Indian women. This point was highlighted in a study of 39 districts in 1981 (where the population of Muslims ranged from 20 percent to 95 percent - which could be considered a fairly representative sample of the status of Muslims in India). In the study, the literacy rate of Muslim women was found to be 21.91 percent - lower than even the poor national average of 24.82 percent. According to government reports, Muslim women are among the poorest, educationally disenfranchised, economically vulnerable, politically marginalized group in the country.

Most Muslim women remain 'invisible' workers in the informal economy. The Muslim share in public employment is less than 3 percent. Within this picture of marginalisation, it is a predictable certainty that the corresponding figures for Muslim women are further skewed towards the bottom. A lack of information on Muslim women contributes to the reinforcement of cultural stereotypes, serving to obfuscate their life experiences and

struggles. Consequently, the notion that Muslim women's status in India is attributable to certain intrinsic, immutable 'Islamic' features or that their social status derives solely from Muslim laws, is widely prevalent.

This study13 highlights the distorted status of Muslim women in India both in the context of gender and minority rights. There are generally two reasons for their weak social status; one, their status as women in a patriarchal society is already somewhat lower to the male members and the weak legal and social infrastructure rendering them vulnerable.

13

Encyclopedia Biblica (Rev.T.K.Cheynene and J.S.Black, editors), The Macmillan Co., London, England, 1902, Vol.3.

LANDMARK CASE OF SHAH BANO14

The Shah Bano case was a controversial divorce lawsuit in India, in which Shah Bano, a 62 year old Muslim woman and mother of five from Indore, Madhya Pradesh, was divorced by her husband in 1978 and was subsequently denied alimony. The case created considerable debate and controversy about the extent of having different civil codes for different religions, especially for Muslims in India. This case caused the Rajiv Gandhi government, with its absolute majority, to pass the Muslim Women (Protection of Rights on Divorce) Act, 1986 which diluted the secular judgment of the Supreme Court and, in reality, denied even utterly destitute Muslim divorcees the right to alimony from their former husbands.

Overview
Shah Bano, a 62 year old Muslim woman and mother of five from Indore, Madhya Pradesh, was divorced by her husband in 1978. The Muslim family law (marriage, gifts, inheritance, adoption and a few other civil laws are under the purview of personal laws in India - they are different for Christians, Muslims and Hindus) allows the husband to do this and not the wife: the husband just needs to say the word Talaq (meaning divorce) one or two or three times before two witnesses for a valid divorce. Shah Bano, because she had no means to support herself and her children, approached the courts for securing maintenance from her husband. When the case reached the Supreme Court of India, seven years had elapsed. The Supreme Court invoked Section 125 of Code of Criminal Procedure, which applies to everyone regardless of caste, creed, or religion. It ruled that Shah Bano be given maintenance money, similar to alimony. Some Muslims felt threatened by what they perceived as an encroachment of the Muslim Personal Law, and protested loudly at the judgment. Their spokesmen were Obaidullah Khan Azmi and Syed Shahabuddin. They had formed an organization in 1973 known as the All

14

MOHD. AHMED KHAN V. SHAH BANO BEGUM & ORS [1985] RD-SC 99 (23 April 1985)

India Muslim Personal Law Board devoted to upholding what they saw as Muslim Personal Law.

The Indian government's reaction

In 1986, the Congress (I) party, which had an absolute majority in Parliament at the time, passed an act The Muslim Women (Protection of Rights on Divorce) Act 1986 that nullified the Supreme Court's judgment in the Shah Bano case. This act upheld the Muslim Personal Law and writ as excerpted below: "Every application by a divorced woman under section 125 of the Code of Criminal Procedure, 1973, pending before a magistrate on the commencement of this Act shall, notwithstanding anything contained in that code be disposed of by such magistrate in accordance with the provisions of this Act." The Statement of Objects and Reasons of this Act (the objective of the Act) needs a mention. According to the stated objects of the Act, when a Muslim divorced woman is unable to support herself after the period that she must observe after the death of her spouse or after a divorce, during which she may not marry another man, the magistrate is empowered to make an order for the payment of maintenance by her relatives who would be entitled to inherit her property on her death according to Muslim Law. But when a divorced woman has no such relatives, and does not have enough means to pay the maintenance, the magistrate would order the State Waqf Board to pay the maintenance. The 'liability' of husband to pay the maintenance was thus restricted to the period of the iddat only.

Consequences
The Shah Bano case generated tremendous debate in India. Critics argued that Muslim minorities can exert pressure on government and judicial decisions. The mainstream media disapproved of the decision. The opposition reacted strongly against the Congress party's policies. The case15 has led to Muslim women receiving a large, one-time payment from their husbands during the period of iddat, instead of a maximum monthly payment of 500 an upper limit which has since been removed. Cases of women getting lump sum payments for lifetime maintenance are becoming common. Critics of the Shah Bano case point out that while divorce is within the purview of personal laws, maintenance is not, and thus it is discriminatory to exclude Muslim women from a civil law. Exclusion of non-Muslim men from a law that appears inherently beneficial to men is also pointed out by them. The Shah Bano case once again spurred the debate on the Uniform Civil Code in India. Ironically, the Hindu Right led by parties like the Jan Sangh which had strongly opposed reform of Hindu law in the 50's, in its metamorphosis as the Bharatiya Janata Party became an advocate for secular laws across the board. However, their opposition to the reforms was based on the argument that no similar provisions would be applied for the Muslims on the claim that they weren't sufficiently advanced. The pressure exerted by orthodox Muslims caused women's organizations and secularists to cave in. The Passing of Muslim Women Protection Act allegedly sent a message of Muslim appeasement practised by the Congress party. To counter this charge Rajiv Gandhi began his election campaign in 1989 from Ram Janma Bhumi ( birth place of Lord Rama ) in Ayodhya.

15

CITATION: 1985 AIR 945 1985 SCR (3) 844 1985 SCC (2) 556 1985 SCALE (1)767

Personal Laws
Personal Laws have been part of the Civil Law since the British Raj. They have been criticized by feminists for their orthodox approach and for disadvantaging women. High Courts have interpreted "just and fair provision" that a woman is entitled to during her iddat period very broadly to include amounts worth lakhs (hundreds of thousands) of rupees. More recently the Supreme Court in Danial Latifi v. Union of India read the Act with Art 14 and 15 of the constitution which prevent discrimination on the basis of sex and held that the intention of the framers could not have been to deprive Muslim women of their rights. Further the Supreme Court construed the statutory provision in such a manner that it does not fall foul of Articles 14 and 15. The provision in question is Section 3(1)(a) of the Muslim Women (Protection of Rights on Divorce) Act, 1986 which states that "a reasonable and fair provision and maintenance to be made and paid to her within the iddat period by her former husband".16 The Court held this provision means that reasonable and fair provision and maintenance is not limited for the iddat period (as evidenced by the use of word "within" and not "for"). It extends for the entire life of the divorced wife until she remarries.

16

Encyclopedia Britannica, The Encyclopedia Britannica, Inc., Chicago, III., 1968, Vol.23.

CONCLUSION
Even with such deviations three facts are worth mentioning: 1. The history of Muslims is rich with women of great achievements in all walks of life from as early as the seventh century (B.C.). 2. It is impossible for anyone to justify any mistreatment of woman by any decree of rule embodied in the Islamic Law, nor could anyone dare to cancel, reduce, or distort the clear-cut legal rights of women given in Islamic Law. 3. Throughout history, the reputation chastity and maternal role of Muslim women were objects of admiration by impartial observers. Throughout history, the reputation chastity and maternal role of Muslim women were objects of admiration by impartial observers.

In the case of Islam such compassionate and dignified status was decreed, not because it reflects the environment of the seventh century, nor under the threat or pressure of women and their organizations, but rather because of its intrinsic truthfulness.

If this indicates anything, it would demonstrate the divine origin of the Qur'an and the truthfulness of the message of Islam, which, unlike human philosophies and ideologies, was far from proceeding from its human environment, a message which established such humane principles as neither grew obsolete during the course of time and after these many centuries, nor can become obsolete in the future. After all, this is the message of the All-Wise and AllKnowing God whose wisdom and knowledge are far beyond the ultimate in human thought and progress.