The Quran: The Last Word

Eight months ago when the five-judge bench of the Supreme Court headed by the then chief justice Y.V. Chandrachud granted maintenance to a divorced 73-year-old Muslim woman Shah Bano Begum under Section 125 of the Criminal Procedural code (CRPC), a large section of the community took to the streets decrying the judgement. What had hurt the sentiment of the Muslims was not only the verdict of the court but some of its remarks which ulemas and laity described as "unwarranted and shockingly out-of-context". One such remark read: "Some questions which arise under the ordinary civil and criminal law are of far-reaching significance to large segments of the society which have been traditionally subjected to unjust treatment. Women are one such segment. 'Na stree swatantramarhati (the woman does not deserve independence),' Manu the law giver said. And it is alleged that the fatal point in Islam is alleged degradation of women."

These remarks gradually split the community with the Liberals, mostly members of women's organisations, perceiving the ruling as a ray of hope in their fight against those who abused and misused Quranic laws to justify the exploitation of the women and assert their own supremacy. And in the course of the whole controversy it became clear to the common Indian, uninvolved otherwise, that the Muslim Personal Law was not based simply on the Quran. Liberals quoted Professor Asaf A.A. Fyzee, the renowned authority on Moharnmadan Law on this aspect. Fyzee had defined Fiqh (Science of Islamic Law), drawing upon the four main sources of Islamic law, as the "knowledge of one's rights and obligations derived from the Quran, the Sunna of the Prophet or the consensus of opinion among the learned (ijma) or analogical deductions (yiyas)."

The Quran on the other hand is more than clear on the status of the woman in Islam, rights, duties, divorce, and treatment during the iddat period.

On the issue of the male supermacy the Quran states:

- "Men are superior to women on account of the qualities with which God hath gifted the one above the other, and on account of the outlay they make from their substance for them. Virtuous women are obedient, careful, during the husband's absence because God hath of them been careful. But chide those for whose refractoriness ye have cause to fear; remove them into beds apart, and scourge them: but if they are obedient to you, then seek not occasion against them." (Sura IV-Women)

In the same chapter on differences between husband and wife:

- "And if ye fear a breach between man and wife, then send a judge chosen from his family and a judge chosen from her family: if they are desirous of agreement, God will effect a reconciliation between them."

Sura LXV on divorce lays down the treatment to an ex-wife during the iddat period:

- "Put them not forth from their houses, nor allow them to depart, unless they have committed a proven adultery. This is the percept of God: and who transgresseth the percept of God, assuredly imperilleth his own self. Thou knowest not whether, after this, God may not cause something new to occur which may bring you together again. Lodge the divorced wherever ye lodge, according to your own means; and distress them not by putting them to straits. And if they are pregnant, then be at charges for them till they are delivered of their burden: and if they suckle your children, then pay them their hire and consult among yourselves, and act generously: And if herin ye meet with obstacles, then let another female suckle for her.

- Let him who hath abundance give of his abundance; let him, too, whose store is scanty, give of what God hath vouchsafed to him. God imposeth burdens only according to means which he hath given. God will cause ease to succeed difficulties."

On property rights (Sura VI):

- "Men ought to have a part of what their parents and kindred leave; and women a part of what their parents and kindred leave: whether it be little or much, let them have a stated portion."

On polygamy in the same chapter:

- "And if ye are apprehensive that ye shall not deal fairly with orphans, of other women who seem good in your eyes, marry but two, or three or four; and if ye still fear that ye shall not act equitably, then one only; or the slaves whom you have acquired: this will make justice on your part easier. Give women their dowry freely; but maintain them there with and clothe thee and speak to them with kindly speech."

On provision/maintenance to divorced women (Sura 11-The Cow):

- "And for the divorced let there be a fair provision. This is a duty in those who fear God. Thus God maketh his signs clear to you that ye may understand."

(Translation: The Koran by J.M. Rodwell).

-Farzand Ahmed