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| Empowering Shia Muslim women | | |
A good news for Shia Muslim women in India indeed. They are now at par
with the men as far as the right to divorce the spouse is concerned.
As many as 1.5 crore Shia Muslim women in the country have the reason
to celebrate the development. The All India Shia Personal Law Board on
Sunday approved a nikah nama (marriage agreement) which gave Shia
women the right to seek divorce if she was physically or mentally
tortured by husband. The women can also seek financial support from
the spouse, until their self depended. The nikah nama approved by
Ayatullah-al Uzma-al-sayeed Saeestani, the senior most Shia Cleric
based in Iraq, makes it mandatory for both parties in a marriage to
sign an agreement. It must have details of their profession, salary,
dependents as well as details of earlier marriage. The marriage will
be considered legal only after both the parties have signed the
agreement. This nikah nama brings credit to the Shia clerics that the
Shia society is progressive and that it ensures equal rights to women.
This would give more power to women, showing that there is no
narrowness in Islam. There is also a provision in the nikah nama for
arbitration where under the couple shall go to the arbitrator for
settlement of any marital dispute before going to the court. This is a
first major step towards empowerment of Muslim women in India and
giving them the equal status with men. This progressive step taken by
the Shia community and their religious leaders should prove as
harbinger of new enlightenment and awakening among the orthodox
Muslims. It is hoped that the Suni Muslims will also take a leaf from
the step taken by the Shia sect of the community and enact similar law
making provision for women to have equal right with their spouses in
the matter of divorce. However mere approving this nikah nama for the
Shia community, the women of the sect will not be liberated and get
automatic empowerment and equality with men. There is every
possibility of orthodox, particularly those having vested interest, in
the community to resist implementation of this act. There will be
still many hurdles in the way of Shia Muslim women to get their right
and justice in the male dominated society. Many such laws enacted for
giving equality of right and status to women even in Hindu society are
not being honoured in their spirits. Particularly among the illiterate
and poor sections of the society women are still treated as slaves by
almost all the communities. If the enlightened and emancipated
leadership of the Shia community is serious about granting equality of
right to the women folk and make them equal partner in the comity,
they shall have to do a lot of work to create awareness among the
people at large, particularly in the rural areas and among the
illiterate poor people. The illiterate and the weaker section in the
society often continue clinging to old practices and it takes a lot of
time educating them about the new order. To make any action plan for
empowerment of Muslim women, spreading education among them is a must.
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