VIDHIGYA: The Journal of Legal Awareness
  • Year: 2017
  • Volume: 12
  • Issue: 1

Right to gender equality and muslim laws of divorce (talaq-ul-bidaat);-A critical study

Dept. of LawB.P.S. Women University Khanpur Kalan, SonipatHaryana.

Online published on 11 October, 2017.

Abstract

In the pre-Islam Arabia, the laws relating to marriage and divorce were discriminatory against the women and in favour of males. There were of different kinds of Marriages and divorce was very simple, easy, and discriminatory against the Woman. With absolute rights vested in favour of men without any checks that result in to men denying the women their basic rights. Women were treated as chattels in man dominating society, and they were not given any right of marriage, inheritance, divorce and were dependent on man. Prophet Mohammad brought a complete change in the position of women. He placed woman on a position and footing of equality with men in the society. ‘Nikah’ (marriage) literally means ‘to tie up together’. It was considered as a matrimonial contract as well as a sacramental institution that gives the women a prestigious status in the society. Object of Nikah was to ensure stability in a married life.

Keywords

Rights, Nikah, Discrimination, Equality