Muslims take on Shah Bano case

Mohammad Ahmed Khan v. Shah Bano Begum, popularly known as the Shah Bano case. AIR 1985 SC 945,954

In this case, a Muslim woman, Shah Bano, claimed for maintenance from her husband under Section 125 of the Code of Criminal procedure after she was divorced by him. The Supreme Court held that the Muslim women have a right to get maintenance from her husband under Section 125. It ruled that Shah Bano be given maintenance money, similar to alimony.

Let’s try to study this case from every angle and with an impartial viewpoint & try to find out if Islam oppresses women by not providing alimony. We will divide this article into three parts:

1.point of view of Non-Muslims
2. Point of view of Muslims
3. Does Islam oppress women by not providing alimony?

1. Point of view of Non-Muslims.
Critics strongly argued (and still argue) that upholding of the personal law over procedure code and rejecting the petition for the alimony was only to appease minorities and safeguard the Muslim vote bank.
The Shah Bano case generated tremendous heat in India. Critics argued that “fundamentalist” minorities can exert pressure on government and judicial decisions. The mainstream media disapproved of the decision. The opposition reacted strongly against the Congress party’s policies (which, according to BJP, reflect “Pseudo-secularism”).
Personally, I think that anyone who has no knowledge of Shari’ah will criticise this Act. The problem is that most of us criticise without knowing what we are criticising. There is absolutely no harm in criticising Islam but the least that the critics can do is that they do some research of Shari’ah before criticising it! Because criticising something without having proper knowledge of it is very unfair.

2. Point of view of Muslims.
The Muslims in India described providing alimony as a violation of the Shari’ah (Islamic Law), and protested loudly at the initial judgement. Their spokesmen, Muslim community leaders Obaidullah Khan Azmi and Syed Shahabuddin formed an organization known as the All India Muslim Personal Law Board and threatened to agitate in large numbers in all major cities.
The question is that why did Muslims agitate? Let’s see the point of view of Muslims and after that we will see if Islam is oppressing women with its laws.
It is mentioned in Surah Yusuf (Joseph), Chapter 12, aayat/verse 40 “Legislation is not but for Allah”. This does not mean that Indian Muslims will not accept the constitution of India. It means that Muslims should not accept that part of the constitution of their respective countries that overrule the Shari’ah. For example, a Pakistani Muslim should not accept that part of the constitution of Pakistan that goes against Shari’ah.
I have used the example of Pakistan on purpose! Because unfortunately most of the Non-Muslims think that Indian Muslims protested against this case because they don’t like to obey Indian constitution, which is not true. The truth is that if any country passes a law that goes against Shari’ah, the Muslims of that country must not obey that law.

Also, in Surah Al-Azhab, Chapter 33, ayah 36, Allah says, “It is not for a believing man or a believing woman, when Allah and His Messenger have decided a matter, that they should [thereafter] have any choice about their affair. And whoever disobeys Allah and His Messenger has certainly strayed into clear error”.
Indian Muslims have not vowed to disobey Indian constitution! It’s just that, we want to follow the Qur’an, which commands us to uphold Shari’ah. And what we want is not something that endangers other people of our society.

3. Does Islam oppress women by not providing alimony?

Islam doesn’t oppress women by not providing alimony, instead Islamic marriage rules saves both men as well as women from being oppressed. The spouses in marriage agree to share rights and responsibilities. In this regard it is a contract entered upon by both participants who vow to be ruled by the established law of Allah.

Allah (swt) commands in the Qur’an: And give the women [upon marriage] their gifts graciously. But if they give up willingly to you anything of it, then take it in satisfaction and ease. (Surah an-Nisa, ayat/verse 4)

Now the question is that what is this “gift” that Allah mentions in the Qur’an? This “gift” is called “Mehr”. Islam does not support any concept of dowry. On the contrary, the woman receives Mehr (bridal – money), an exclusive right of the bride. This Mehr may be paid at once after the solemnisation of marriage or any time in life, as the bride wishes. What’s more, it is the bride who decides the amount of Mehr she wants from her to be husband.

After divorce a Muslim woman remarries and gets a new Mehr from her new husband. But when a man remarries, he has to give Mehr to his new wife according to her terms. Imagine giving Mehr to the new wife and then providing alimony to the ex-wife as well! Providing alimony to the ex-wife does more harm to the husband than good to the wife.

Today we are seeing a fast decline in the marriage rate in the West. Mostly, it’s men who refuse marriage. Why would any man want to get married when they know that they are leaving an opening to being robbed by their wives at any point? This insecurity and distrust is creating serious problems for women. The West in thinking of “liberating” women is actually causing more problems for women while Islam which provides the solution for both men and women is being perceived as an enemy.