Essays

Introduction. A Muslim woman has no social prestige in the World of Muslims. She is the most oppressed lady. She is always sad at heart thinking the impending danger of divorce. She has reconciled herself to the barbarism of her husband. To see her is to feel pity for her.

The new Act and Its promises. The new Act called" The Muslim Women Act" has recently come into existence. Its purpose was to mitigate the suffering of Muslim Women. The Supreme Court allowed maintenance allowance to a divorced Muslim Woman called Shah Banu. A furious storm raised over this judgment of the Supreme Court all over the country. The Muslims raised a strong Protest by saying that its undue interference in their religion. To curb down this unnecessary social uproar the New Act came into existence-

Bill in the Parliament. A bill was presented in the Parliament to put an end to controversy in the circle or Muslims. In the bill it was declared that a divorced Muslim woman could claim alimony from

Her divorced husband. The Muslim Women in general welcomed the bill but it was attacked by those Muslims who were fundamental list. Some modifications were made in the bill and then it was presented in (he Parliament. It was discussed again and again. Heated debates look place over it. At last the bill was passed half-heartedly.

The criticism of the act. The act has been badly criticized the Following grounds: -

(i) The Act is a fraud on the sacred Constitution of the country because the Constitution does not permit the Government to make Laws community wise instead "f topic wise.

(ii) Again. the Act, is discriminatory against the Muslim women Since it deprives them of the benefits of Section 125 of the Criminal Procedure Code enabling destitute Muslim divorcees to get a

Maximum of Rs. 500 /- a month for their whole life from their Ex-husbands who create sufficient menace at their disposal.

(iii) Further the Act violates [he Constitution, the Quran, they had is and the Sunna. It is discriminatory beyond all doubts but it forcibly puts the burden of maintenance of the divorced women on their parents or relatives while parents and relatives in other Countries are not obliged to bear such a burden.

(iv) The new Act violates Article 27 of the Constitution because The Act amounts to texting at large for payments only to Muslim divorcees from the Funds. Such payments we avoided since there would be infringing the right of the doners of waqf whose Benefactions would be diverted for purpose other than those declared by them.

(v) The provision in the Act for the maintenance of minor Children by the father only till two years, is inconsistent with the Provisions in the shariat that a father must maintain a daughter all His life.

(vi) Finally, the Act would encourage diverse- or Talaq.

Conclusion. . For a Muslim woman her life is a curse on her. Through tout her whole life she suffers from ‘purdah’ and 'polygamy', to her ill tuck, if she is divorced, her condition becomes worst. May God help her in her plight!