Islamic Feminism in India: Indian Muslim Women Activists and the Reform of Muslim Personal Law

Abstract

I describe here a nascent ‘Islamic feminist’ movement in India, dedicated to the goal of achieving gender equity under Muslim Personal Law. In justifying their demands, these women activists refer neither to the Indian Constitution nor to the universalistic human rights principles that guide secular feminists campaigning for passage of a gender-neutral uniform civil code of personal law, but rather to the authority of the Qur'an—which, they claim, grants Muslim women numerous rights that in practice are routinely denied them. They accuse the male ‘ulamaof foisting ‘patriarchal’ interpretations of the Qur'an on the unlettered Muslim masses and assert their right to read the Qur'an for themselves and interpret it in a woman-friendly way. Their activities reflect an increasing ‘fragmentation of religious authority’ in the globalizing Muslim world, associated with the spread of mass education, new forms of media and transport and a mobile labour force, in which clerical claims to exclusive authoritative knowledge are being questioned by a wide variety of new voices, women's among them. Whether it can ultimately succeed is an open question but the movement is clearly having an impact, even on the clerical establishment itself, insofar as the legal issues it considers most pressing for women are concerned.

Muslim women and gender based violence in India and the UK

“…Some feminists, however, argue in favour of diversity and internal reform within communities, suggesting that sameness in law does not automatically guarantee gender equality, as is apparent in the case of the criminal code which applies to all yet results in differential access to justice (c.f. Vatuk, 2008;Gangoli, 2007).…”

“…women's experiences of GBV in India are complicated by their religious identity, Hindu fundamentalism and anti-Muslim communalism, exacerbated by the rise of Muslim fundamentalism particularly since the 1990s, anti-Muslim communal riots, and the projection of the Muslim community as 'anti national' and extremist/terrorist (Gangoli, 2007;Vatuk, 2008). The successes of the Hindu right-wing Bharitya Janata Party (BJP), manifested in Narendra Modi becoming Prime Minister in 2014, has further led to a sense of fear and isolation amongst Indian Muslims (Rawlett, 2015).…”

Women at the Bottom in India: Women Workers in the Informal Economy

“…Personal laws ‘cover the matters of marriage, property inheritance and guardianship of children’, and as Menon alleged that all of these ‘discriminate against women’ (Menon, 2014). However, Vatuk found Islamic feminist movement to be still in its ‘nascent’ stage (2008, p. 189). While Islamic feminists are addressing the within-family issues that are equally important, they are yet to recognize identity of Muslim women as workers and take up work-related issues.…”

“…In addition to being neglected in the dominant feminist discourse (Gangoli, 2007), Kazi (2014) argued that the issues of Muslim women take a backseat within Muslim community discourse as well. In spite of that, Islamic feminist movement in India is looking for gender equality but within Muslim Personal Law (Vatuk, 2008). Personal laws 'cover the matters of marriage, property inheritance and guardianship of children', and as Menon alleged that all of these 'discriminate against women' (Menon, 2014).…”

Critical Junctures, Religion, and Personal Status Regulations in Israel and India

“…The question of the Uniform Civil Code has continued to be present in India's political, legal, and public agenda for the past several decades. The existing pluri‐legal system has been consistently criticized for allowing traditional patriarchal practices to persist, restricting the basic rights of women, Hindu and non‐Hindu alike (Raj 1991; Parashar 1992, 144–200; Som 1994; Engineer 1995; Agnes 2000, 77–93; Narain 2001; Vatuk 2008). Despite such criticisms, the overall structure of personal status established in the decade after independence appears difficult to reform by either judicial or legislative means.…”