An Appeal to add the legal rights of a Muslim Woman in the Constitution of India.

To,

The President,

Rashtrapati Bhavan

New. Delhi

India

Subject: An Appeal to add the legal rights of a Muslim Woman in the Constitution of India.

Respected Mam,

With immense pleasure I would like to introduce myself to you, I am Mrs. Shaista Ambar President of “All India Muslim Women Personal Law Board”. I have been working for the upliftment of the down Trodden, illiterate women of all religion, caste, creed and states. The condition of an Indian Muslim women in particular is being worsen by the so called ‘care takers of the Religion’ and its time that we should try to strengthen their position , status in the society by lending them what they truly deserve and have been deprived of enjoying their own rights mentioned clearly in their religious book The QURAN.

Islam is a code of laws revealed by God, through his Messenger, Muhammad, for the guidance of the whole of mankind. This guidance, what we may call Permanent Values, is fully preserved in the Book of God, known as the Qur'an. Further, Islam emphatically and confidently advances the claim that if life is led in full compliance with and in complete subordination to the Permanent Values, it will be rid of all the travails and troubles in which the entire world of the present day finds itself beset condemning humanity to a hellish life despite the wonderful and awe-inspiring material and scientific advancement.

Your Highness, all the Muslim Countries run their nation as per Islamic law in compliance with laws set by the World Parliament U.N.O.

But in our country India, the condition of almost 80 % of the Muslim Women are getting worsen, they are illiterate, unaware of their rights in the Qur’an , are being ill-treated by their husband , forcefully given them Talaaq , 3 times at a go which is against the Islamic law , we are not against any Religious head but we also know that they are not doing any efforts in improving the condition of these women. They are in such a pity condition that they cant even read and write , in the name of education they are just taught to read the HOLY QURAN in Arabic script which they do not understand , then how can they know their own rights as revealed in the holy book.

Firstly I personally think that when a Muslim girl is born she should be given the right over the property of her father as mentioned in the holy book.

Secondly, A girl should be given her right over education and choosing her career option , planning about her future by also maintaining the parameters and limits set by the Islamic laws.

Thirdly, She should be given the right to choose her life partner as per Islamic law , she should not forced to marry in her early teens or to marry a man who is 2 or 3 times older than her just because her parents cannot afford the Dowry.

Fourthly, She should be given right to get her MEHAR ( a compulsory gift from the husband at the time of Nikaah ) on time. Your highness I must inform you the common practice of the Mehar concept is that ,it is often considered as a burden by the Groom and it is expected from the Bride that she should declare in the first night, that she has forgiven the Mehar , most of the time it happens when the husband dies and the wife is expected to announce that she has forgiven the Mehar.

Mehar is a Gift from the husband at the time of Nikaah and it can be in the form of cash/ property /Jewellary etc which is based on the financial condition of the Groom as per Islamic Law.

Fifthly, The Details of TALAAQ is mentioned in the Qur’an in the following Verses –

Sur-e Baqar , Sur-e Nisa, Sur-e Talaaq. It has been stated that Nikaah and Talaaq is to be done among the witnesses, In the Talaaq it is important for a women to pass 3 menstrual cycles and Waite if the husband regrets his decision. This Condition is mandatory and is of utmost importance for the sake of the children’s future and the family’s happiness.

It has also been emphasized that they should seek help from their relatives, do counseling and try saving their marriage. Marriage is termed as the 50% completion of the Imaan or the belief in the religion, and its sanctity should not be affected so easily. But sadly there are men who take advantages, misguide women, throw them out of their houses and there are ‘Religious heads’ who join hands with these People and the Torture continues.

Sixthly, Talaaq is void when the wife is pregnant, after the child is born they should re consider their decision of getting separated.

Seventhly, Nikaah or Talaaq should not be performed through Mobile, Internet, SMS or e.mail . This is also considered void.

Eighthly, The right to take KHULA (Islamic right of a Muslim woman to live separately from her husband) is also a legal right given to Muslim women but most of the Muslim women are unaware of this. Khula can be taken by a woman if her husband ill treats her, beats her does not provide enough food , shelter and basic amenities, or he is mentally sick, has done another Nikaah without her permission, has been missing since many years or so. But this is also taken in the presence of few witnesses.

Ninthly, If the husband wants to get married twice or thrice he should have a valid reason to do so and he should tell that reason in front of the court or Qaazi . He should not get married without informing or taking permission from his wife. This would help the woman protect her life, secure it and live it happily while enjoying her rights too.

There are several examples in the society where Qaazi on request of a Husband issues a FATWA regarding a Talaaq , such kinds of Fatwa which goes against the Islamic laws should never be considered legal and people behind issuing it should be punished for misusing and misquoting the laws as prescribed in the Holy book. The innocent girls who are affected by these illegal Fatwa’s struggle all their life to get justice , even if they go to police station or family court , they are often refused for Justice by stating that they will stay out of this matter since it is based on Islamic Principles. Hence when they go to darul Qaza , they return hopeless from there too as they do not bother to listen both parties , they often issue FATWA or pass judgment only by hearing one party .

Following are the Key points that we would like to bring in your kind notice and hope to have strong actions from you considering you in such a powerful position.

• Muslim Women should be given rights under the Constitution of India as according to the Islamic shariyat law .
• The one who commits rape with a woman should be hanged to death as it’s the punishment prescribed under the Islamic law.
• All the crimes committed against women should be registered under “Fast Track Court” and within a year judgment should be passed and her rights should be given.
• All the Properties under the “waqf” should be rechecked and those people should be punished who have illegally acquired such properties. These lands should be used for the dependant, needy and poor women and a shelter house should be constructed for them.
• There should be 50% Reservation for Women in Parliament and other judiciary Bodies.
• All the Students who have studied in the Madarsa Board should also be given opportunity is entering other Universities, Colleges in order to acquire sound education.
• Till the Islamic law is not compiled with the Constitution of India , a Female Mufti or an Alima should be appointed within the Judicial system for special cases to help the passing a good judgment under the light of Islamic Law.

This system should be changed and hence we seek help from the Constitution of India and a strong appeal regarding this to your Highness.

With a Strong hope

Yours truly,

Mrs. Shaista Ambar

Details of the Verses mentioned in Quran regarding some Important Issues

1	Nikah	Sure-An Nisa Al-Araf Rom	Verse no- (1) 19 189 21	Chapter no- 4 8 21	Names of the Translated version of the Holy Quran
2	Talaq	Sure-Talaq	Verse- 1-2-3-4-5-6-7-8-9	Chapter no- 28	Hazrat Maualna Shafiur Rahman’s Book “Maruful Quran”
		Sure-Baqar	226-227-228-229-230-231-232-233	2	Hazrat Maulana Seyyid. Ala Modudi’s Book “Tafhimul Quran”
		Sure-Nisa	1-13-19-20-32-35-40-42-64-112-128	4-5
		Sure-Anfal	25-26
3	Mehar	Sure-Baqar	236-237	2	Hazrat Maulana Abdul Kerim Parikh’s “ Tashrihul Rah. Quran” ( English, Hindi, Urdu)
	Mehar	Sure- An-Nisa	1-4-13-20-21	4
	Mehar	Sure- An-Nisa	4	4
	Mehar	Sure- An-Nisa	23-40-42-112	5
	Mehar	Sure-Anfal	25-29	9
4	Property	Sure-Baqar	180-181-182-183	2	Hazrat Maulana Shaikh-ul-Islam Dr. Tahir-ul Qadri’s “Irfan-ul-Quran” (English,Urdu)
		Sure- An-Nisa	2-3-5-6-7-8-9-10-11-12-14	4
		Sure- An-Nisa	29-30-32-33-40-42-125	5
5 6 7	Khula Maintenance /Period of Iddat (Permission Given to the Woman to raise and look after her child) Remarriage	Sure-Baqar	29	2
		Sure-Nisa Sure-Anfal	42-128 to 130 25	5 9
		Sure-Baqar	233-241-242	2-2
		Sure-An-Nisa	13	4
			39-40-41-125-129	5
		Sure-Anfal	20-25	9
		Sure-Baqar	234-235	9-2
		Sure-An-Nisa	20-21-35	4-5
		Sure-An-Nisa	128-129-130	5
		Sure-Anfal	25-28-29	9