Shariat Courts and Women’s Rights in India

Sabiha Hussain ()

Working Papers from eSocialSciences

Abstract: The main thrust of this paper is: Why should women go to these courts to settle matrimonial disputes while there are provisions for them in secular courts? Do women face less harassment and get quick justice according to Islamic law by approaching these courts? Who are the women who approach these courts? Should the mode of justice not it be left to the women to decide? Who would guarantee the efficacy of Darul Qazas, the quality of the presiding judges, the efficiency of the proceedings? Can the Board be allowed to take away the right of Indian Muslim women to knock on the doors of Indian courts? Does the Board have the authority to restrict Indian women’s access to the courts for justice? The paper is based on the experiences of 20 women who went to these courts for Khula, fask-e-nikah, and the settlement of maintenance, mehr, and the articles given at the time of marriage. [CWDS]

Keywords: Muslims; women; efficiency; Shariat Courts; women's rights; gender; faith; medieval religious; laws; marital issues; non-Muslim; judges; courts; Indian Muslim; marriage (search for similar items in EconPapers)
Date: 2009-11
New Economics Papers: this item is included in nep-cwa
Note: Institutional Papers
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