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January 4, 2004
Review: Understanding women’s basic rights
THE book by Advocate Rashida Patel is an eye-opener for women as it familiarizes them with their very basic rights. Information is the first step towards an attempt to secure these rights at both the individual and the collective levels. This book not only provides basic information but goes on to raise other women’s issues that need to be addressed by women from a position of knowledge and thereby strength. To gain strength women must have the right knowledge-based perspective that gives confidence, conviction, and thereby courage to deal with gender-related issues squarely.
The book is divided into six chapters dealing with marriage laws, family pressure, divorce, domestic violence, murder for male honour, and population control. The first chapter on marriage laws illuminates the significance of the marriage contract form with which women can secure some of their basic rights. After independence, there was pressure to reform the Muslim Personal Law that was misunderstood during the British rule. In response, the Muslim Family Laws Ordinance 1961 (MFLO ‘61) was promulgated. An important contribution of MFLO ‘61 is the registration of marriages and the use of the prescribed form for the nikahnama. The registration requirement gains salience especially due to the introduction of the Zina Ordinance, 1979.
However, the significance of the contents of the nikahnama form has yet to be appreciated. Clause 18 provides for the delegation of the husband’s power of divorce to the wife and the conditions thereof. This delegation is called Talaq-i-Tafwiz. Clause 19 raises the question whether the husband’s right of divorce is in any way curtailed. These two clauses, if invoked, can provide immense security to the wife.
Unfortunately, these clauses are ignored by all concerned including the marriage parties, the maulvi, and the nikah registrar. And, the bride whose security it ensures, “...is too often absorbed in the frivolous demands of making a trousseau and on the wedding day sits with head bowed low, unconcerned about the practicalities of the nikahnama” (p.5).
The author further demonstrates, “The Quran supports the maintenance of the wife even after the wife is divorced.” She also establishes that men and women are created equal and should be treated similarly in the laws of the land. She further highlights the conditions under which polygamy is permissible in Islam. These conditions are usually ignored when a second wife is taken.
Rashida Patel points out the loopholes in MFLO ‘61 with regards to polygamy and advocates further law reforms to secure women’s rights.
A very major contribution of this work is to dispel the notion of quick talaq as a valid divorce. According to Patel, there are three forms of divorce. The first type of Talaq is Talaq-i-Bidat which is the single pronouncement of talaq thrice consecutively, ‘talaq, talaq, talaq.’ The other two forms of talaq are Talaq-i-Ahsan and Talaq-i-Hasan. The latter two types of talaq allow time during which period reconciliation could be possible and these are the approved forms of talaq also called Talaq-us-Sunnat.
The author establishes that pronouncement of talaq, talaq, talaq is contrary to religious teachings and is, therefore, not a valid form of divorce. It is an “undesirable innovation” and is, therefore, called Talaq-i-Bidat. MFLO ‘61 provides for a conciliation council after talaq is pronounced thrice and a notice is submitted to the chairman of the local council. If no reconciliation takes place within 90 days, the divorce becomes final.
A woman does not have a similar right even if she seeks khula as she needs to file a suit for the purpose. Patel suggests, “...a law should be introduced making it obligatory for the husband to comply with his Islamic obligations and liabilities of paying Huq Mehar, maintenance, return of dowry and custody of minors and satisfy the court on this behalf before the talaq being given by the husband becomes effective.”
Also, free consent of the parties to the marriage is an essential part of the marriage contract. This work establishes that women are not “...commodities, being sold for money, obligations, or honour in the name of marriage Under Islamic Law women are free to marry of their own choice and their consent is important.” Similarly, women are equal partners in the household which aspect of life is still very hard to drive home in most cases.
Violence against women (VAW) is found in poor/uneducated and rich/educated homes alike. “Studies estimate that between 20 to 60 per cent of women worldwide have experienced physical violence at the hands of an intimate partner or family member... It cuts across boundaries of culture, class, education, income, ethnicity, and age.”
In Pakistan, VAW ranges from abuse to torture which is physical, mental, sexual, psychological, and emotional. The author disproves the notion that husbands are allowed to beat their wives in Islam due to misinterpretation of religious injunctions which facilitates the spread of domestic violence. As she clears up the misunderstanding, Patel writes, “I have always been astounded as to how women can put up with physical violence day after day and return to the same man!” She says, “Simple physical strength does not control life today. Knowledge and science rule the world. Women are as capable of moving the gear of destruction or development as men are. Despite this, millions of women around the world suffer from discrimination and violence because of their gender.”
As is said, “There are two responsible for tyranny — the tyrant and the one who submits to him,” brutality towards women will continue for as long as women continue to submit to it. While laws should be in place to provide legal cover adequately, women need to also stand up and take charge of their lives including the reproductive aspects which too are illuminated in this book. Woman vs Man is, therefore, a must read for all women as it looks at women’s basic rights from all angles including that of Islam.
Woman Versus Man: Socio-Legal Gender Inequality in Pakistan
By Rashida Mohammad Hussain Patel
Oxford University Press,
Plot # 38, Sector 15, Korangi Industrial Area, Karachi
Tel: 111-693-673
Email: ouppak@theoffice.net Website:
www.oup.com.pk
ISBN 0-19-579895-3
249pp. Rs395
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