This chapter deals with understanding of the status of women in Muslim society in general and in Jammu and Kashmir in particular. It attempts to understand how the status of Muslim women is changing. The chapter analyses the rights of women in Islam and tries to understand how patriarchy and culture affect her position and as a consequence bring in a change in her status. Davis (1964) 1 writes that a person in a social situation with an already established, his identity refers to his status within the given social structure and establishes his rights and obligations with reference to others holding positions within the same structure. Government of India report (1974) 2 defined status as: a position in a social system or sub system which is distinguishable from and at the same time related to other positions through its designated rights and obligations. But as each status positions in a particular structure can be viewed in terms of superiority and inferiority (i.e., in terms of power, privileges, advantages and disadvantages, the notion of status involves comparison and grading. Sassen (2002) 3 writes that there are certain determinants of status which are generally known as indicators of status. These include income, property, opportunities, education and training in skills that open up chances of employment, health levels, rights and privileges. In terms of every set of indices of status, relatively women have been found to be at a much lower status then their fellow men. The lower status of women is the result of social evolution of their biological characteristics. These characteristics are entrenched in social belief and values and such value system promotes male as being more important socially, while women to be submissive. The stereotypes thus formed on these bases validate and justify that the roles defined for women are subordinated to those defined for men. She further writes that the rights for women are fewer and less emancipating than those that men have and the obligations women have are more limiting than those of men. Dixon (1978) 4 defines status as degree of women s access to (and control over) material resources (including food, income, land and other forms of wealth) and to social resources (including knowledge, power and prestige) within the family, in the community and in the society large. The problem of the status of women by and large relates to the equality between men and women (Agrawal 1988) 5. Gupta (1988) 6 observes that women 34
face subordination to men in all the societies and countries of the world and such inequality is more serious in the third world countries like India. Women in India have been denied equality of status and opportunities in the social and economic spheres which results in their low status. In traditional India women had a distinctly inferior status that was based not on individual ability, skill and accomplishment but on inherited positions in the society. They were seen as only a member in a family or in the role of a daughter, wife or mother and denied the role as an individual with an identity, aspiration or rights of their own. Uplanokar (1983) 7 also writes that women were denied the right to education and were also not allowed to take up occupations outside their homes. The author further argues that although women from the lower castes and peasant groups worked on the fields, this fact did not however, alter their social status in the terms of their rights and duties. The various factors like illiteracy, traditional values and norms, poverty, patriarchy, dominance position of male and economic dependency of woman on man are responsible for low status of women in India In discussing the position of women in Muslim society, rights granted by the Islamic doctrine and the actual present conditions are taken into account. The teachings of the Quran and the traditions of the Prophet (Hadith), constitutes an important source of the status and position of Muslim women. Religion in its true spirit deeply concerns with the spiritual development of its followers and this development cannot occur in a socially stagnant situation. In India, Muslims are not only a minority, but also a tradition bound and economic- educationally backward community. For various reasons, the Muslim women do not enthusiastically utilise the development facilities whatever available to them. Therefore, the enhancement of women s social position as well as transformation of Muslim society depends much upon the modification of community behaviour (Chaturvedi 2003) 8. Women have been socially, economically, physically and psychologically exploited sometime in the name of religion and sometimes by the social customs and traditions (Giri 2006) 9. Muslim women in India are potential catalyst for development. Their emancipation may be a crucial step in the development of community. Their present status by and large reflects the dominance of traditional attitude. An improvement 35
in their present day status will not only contribute in the progress and modernization of the community but also the development and modernization of entire nation (Jain 1988) 10. 2.1 Status of women in Islam The Muslims in India as well as in other part of world never differentiate their social and religious life. Shibani Roy (1979) 11 argues that, in Muslim society religion regulates the sacred and as well as the secular practices. The Muslims by and large accept their religion as unalterable and resist any major innovations. The men women Relationship and the authority structure in the family continues to be rooted in traditional sanctions as written in the sacred text for the followers of Islam even the minutes details of their every day secular life becomes the concern of religion. In Muslim society the code of conduct for the followers of Islam is laid down in the religious text and this forms the base for the functioning of the society. According to Sachar Committee Report, the obsessive focus on select cases of Muslim women discussed in the media results in identifying the Muslim religion as the sole locus of gender injustice in the community. Consequently, the civil society and the state locate Muslim women s deprivation not in terms of the objective reality of societal discrimination and faulty development policies, but in the religious community space (Government of India report 2006) 12. Many scholars (Brijbushan 1980; Banamusa 1995; Kazi 1999) 13 write that true Islam means equality between male and female and that Muslim women s oppression is due to patriarchal misinterpretation of Islam. Jawad (1998) 14 also writes that Islam emphasises both that women differ from men and that they are equal to men. He further writes that in Quran and in Hadith literature, there are various statements concerning women in particular which makes clear pronouncement in favour of equal rights for both man and woman. As Islam had its roots and beginning in the tribal society of the Arabs, it is important to understand the position of women in Arab society before arrival of Prophet Mohammed and rise of Islam. The women were in a state of suppression and subjection to their father, brother, son and husband whose rights over them were regarded as their right over any of their other property. The birth of a girl child was looked down upon as a 36
disgrace to the family and the custom of female infanticide was prevalent in Arab. Marriage by capture, purchase and contract was prevalent among Arabs and polygamy was common among them. The husband was free to divorce his wife and no rights for women. In pre Islamic Arab society women were in inferior position and were treated as property. Islam improved their position in many ways. Prophet Mohammed (PBUH) brought reforms in many customs and made laws for improving the position of women in the society by restricting polygamy to four wives, prohibited female infanticide, assigning a share of inheritance to women, declaring mehr as a gift to the bride, and reconstituting the Arab laws of marriage, inheritance and divorce. Before the arrival of Prophet Mohammed many local customs were prevalent among tribes of Arab which were not in favour of women. Women enjoyed no rights and were treated like commodity. Not only were they enslaved, but they could also be inherited as a possession. Arabs used to bury their daughters alive and this barbaric custom of burying female infants alive was wide spread in pre- Islamic Arabia. During this period there were no restrictions on the number of wives a man could have. The tribal chiefs and leaders had many wives in order to build relationships with other families. Arab society was patriarchal and women in a patriarchal society enjoy a status lower than man and remains completely subjugated in a patriarchal- feudal. Women were considered as a burden rather than a supporting hand as in an agricultural society. Female child was often buried alive. In pre- Islamic Arabian society before the arrival of Prophet Muhammad (Peace Be Upon Him) and his proclamation of Prophet Hood, the history of women was the history of subjugation and oppressive, she was treated like a chattel and sold like animals and made slaves. She was condemned as a low and mean creature and was regarded as the root cause of all evils and disasters. She was denied all rights and had to live on the pity and mercy of man with no individuality and dignity of life and was considered burden on man and was held responsible for the sin of Adam. During such a dark period in the history of women Islam raised its voice. It was loudly proclaimed: 37
O mankind! Reverence Your Guardian Lord, Who created you From a single soul Created, of like nature His mate, and from the twain Scattered (like seeds) Countless men and women: Reverence God, Through Whom Ye demand your mutual (eights) And (reverence) the wombs (that bore) for God Ever watches over you. (Quran, 4:1) (Qureshi 2003) 15. Ahmed (2003) 16 mentions that the discrimination which the world has made between one man and the other is false, absurd and baseless. The whole mankind is the offspring of the single human soul. Originally all have the same descent. No one is noble or mean, or low or high by birth. All are equal and enjoy equal position. Any kind of distinction between them on the grounds of family status, race, colour, tribe, region, language, occupation or nationality is null and void. Islam repudiated the notion that man is dignified and honoured merely because he is a man and woman is low and mean simply because she is a woman. Both man and woman are equal in the eyes of Islam. Neither the inferiority of any one nor superiority of anybody is written down for eternity. Whoever is adorned with faith and fair practice emerged successful here and in the hereafter and whoever is devoid of such qualities falls in this as well as in the eternal world (Qureshi 2003) 17. Many prevalent customs and laws were changed by Prophet Muhammad to improve the social position of women. But still in many ways women in Muslim society is socially backward as compared to women in other communities. Jeyaraj (2001) 18 states that we think that women are liberated and that the women s liberation movement began in the 20 th century. Actually, according to Islam, the women s liberation movement was 38
not begun by women but was revealed by God to a man in the seventh century by the name of Muhammad (peace be upon him), who is known as the last Prophet of Islam. The Quran and the traditions of the Prophet (Hadith or Sunna) are the sources from which every Muslim woman derives her rights. In Islam, a woman has the basic freedom of choice and expression based on recognition of her individual of her individual personality. Women are encouraged in Islam to contribute their opinions and ideas. There are many traditions of the Prophet (PBUH) which indicate women would pose questions directly to him and offer their opinions concerning religion, economics and social matters. A Muslim woman chooses her husband and keeps name after marriage. A Muslim women s testimony is valid in legal disputes. In fact, in areas in which women are more familiar, their evidence is conclusive. The Prophet said: seeking knowledge is mandatory for every Muslim (male and female). This includes knowledge of the Quran and the Hadith as well as other knowledge. Muslim women must acquire the appropriate education to perform her duty in accordance with their own natural talents and interests. Islamic society became feudalised soon after the death of Prophet and end of caliphate and women came to be subjugated more and more. She gradually lost the status won through Quran. Among the ruling classes she was confined to harem. Elaborate rules were laid down for her chastity and for her to be good daughter and wife. It was a feudal attitude which through corresponding interpretation of the Quran during the medieval period came to be thought to have religious sanction. Thus the received tradition became the religious tradition. The religious tradition as expounded by the holy Quran is much more conducive to according equal status to both the sexes in the present socio- economic condition which has the necessary institutional framework for the true liberation of women (Engineer 1987) 19. Islam, of course imposes certain restrictions on the part of women to deal outside activities, but at the same time, it admits that constructive participation of women is necessary for the growth of family and society. In the view of some Islamic scholars, there is a need to compromise between the basic tenets of its faith with the demands of life under new situation. But for various reasons, the Muslims have been generally found conservative in their outlook so for the employment, education and organisation of the 39
women is concerned, the Muslims have a very low rate of economic activity by women, low female literacy, and low school enrolment at all levels (Chaturvedi 2003) 20. 2.2 Rights of women in Islam Islam has granted numerous rights to women including property rights and Mehr which no other religion has given. Some rights given to her several centuries ago have not been given to her even in the modern system of law. Men and women are equal in Islam the inequality is created by society and not by religion. Religious scholars who interpreted Quran denied women their basic rights given by Islam. Islam provides full protection to the rights of woman. The rights Granted to her by Islamic Shariat cannot be taken away by any one (Qureshi 2003) 21. Women are allowed to play an effective and helpful role in the Islamic Society. Shariat allows them to form their own organisation for the uplift of the society. Though such organization did not exist during the time of Holy Prophet (PBUH) but the women used to get together during those days and put before the Holy Prophet (PBUH) the problems which they faced and the Prophet listened to them. Now the circumstances are different the Muslim women have to face various difficulties all over the world. Therefore, they can form their own organizations to solve the problems concerning women and children and they can do a lot for their upliftment (ibid) 22. Ganai (1986) 23 writes that the Prophet restrained polygamy by limiting the number of marriages to four, the essential emphases of the Quran is for justice to women for the protection of rights of women in marriage. Quran while permitting polygamy laid strict conditions that a man may take another wife only if he can treat all his wives equally. Polygamy is based on justice, monogamy should be the rule in marriage and polygamy should be allowed in exceptional cases. Islam gave rights of inheritance and other property rights to women. Islam encouraged female education and granted the right to hold a job and to involve her actively in trade and commerce. During the early Islamic period women helped men in their outdoor work and were allowed to move about freely among them but not among the strangers. But on practical grounds polygamy along with triple talaq affect the woman most. Husband do not fulfil the conditions of second 40
marriage and gave no equal treatment to his wives as a result of this it affects her social status and also become the cause of domestic violence in which only woman suffers. A Muslim woman has the right to choose her husband; Islamic law is very strict regarding the necessity of having the women s consent for marriage. The husband gives marriage dower (mehr) to his wife for her own personal use at the time of nikah. After marriage she keeps her own family name, rather than taking her husband s. As a wife, a woman has the right to be supported by her husband even if she is already rich. She also has the right to seek divorce (khula) and custody of her young children. She does not return the dower, except in a few unusual situations. Besides all other provisions for her protection at the time of marriage, it was specifically decreed that woman has the full right to her mehr which is given to her by her husband and is included in the nuptial contract. Her share in most cases is one-half the man s share with no implications that she is inferior to man. This variation is only consistent with the variations in financial responsibilities of men and women. According to Islamic law, man in Islam is fully responsible for the maintenance of his wife, his children especially the females (Ahmed 2003) 24. Ahmed (2003) 25 states that Islam assigns different spheres of activity for men and women the field of work of women is her house and of men is the world outside world. Islam has not barred women from economic activities; rather it has given permission while imposing on her a few appropriate limitations. Although it is doubtless that her involvement in family affairs affects her economic struggle, Islam offers its own solution to it. Islam has held man legally responsible for the maintenance of his wife and children. Islam also has not forbidden women from other activities beyond the house hold activities. What Islam virtually emphasises is that a women is mainly a queen and forerunner of her house. Hence, she should not bear the outward burden of the work at the risk of her indoor work. She can participate in economic activities and can take interest and contribute her abilities in different fields of life while keeping into consideration her condition, social environment and her own interest. Islam allows woman to work and support her family in case of her husband is not able to work due to illness or other reason and no one is to maintain her and her children 41
Jayaraj (2001) 26 states that the Islamic shariat recognises the full property rights of women before and after marriage. The Quran states: By the creation of the male and female; Verily, (the ends) ye strive for are diverse, (19: 3-4) In these verses, God declares that He created men and women to be different, with unique roles, functions and skills, As in society, where there is a division of labour, so too in a family each member has different responsibilities. The Muslim woman has the privilege to earn money, the right to property, to enter into legal contracts and to manage all of her assets in any way she pleases. She can run her own business and no one has any claim on her earnings including her husband. The Quran states that: And in no wise covet those things in which Allah hath bestowed His gifts more freely on some of you than on others; to men is allotted what they earn, and to women, what they earn; but ask Allah of His bounty, for Allah hath full knowledge of all things. (4:32). But all these privileges are denied to women by male dominated society. Women were denied their right to property and have no access to education and work and were living under the burden of purdah and polygamy. In Bhaderwah women working outside their domain is not considered bad and found many working women who look after their household in a better way but some educated women were not allowed to go out for work and take jobs by their father and husband. Patriarchy and culture of Muslim community is responsible for the poor position of Muslim women in India. Ahmed (2003) 27 argues that the status granted to women by the Quran reforms which prevailed during the early Islamic period from 7 th up to 12 th century did not last long. First certain pre- Islamic customs re appeared. Secondly various social attitudes infiltrated Islamic culture from conquered people and were assimilated as norms and then identified with Muslim society. Muslim women became less and less part of social life in general. They were neglected, assumed heavy veiling and employment opportunities and prevented from participation in the public life. Seth (2001) 28 stated that in India during medieval period in the matter of inheritance regional and customary laws began to prevail and Muslim women became non inheritor. They denied education and employment. She is supposed to enjoy the rights given by shariat, in reality she was never allowed to enjoy 42
her rights both by local customs and the men who dominated her life. The Muslim women in India who have been pushed into seclusion could never secure a platform from where she could mobilise herself and fight for regaining the lost privileges to seek further improvement in her social status. Naeem (2001) 29 writes that Muslim women suffered and continue to suffer all over the world. One reason has been that the text or the Quran has been interpreted variously, rigidly and loosely according to the mind-set of the interpreters. Author further writes that we do not see in practice most of the rights granted to her by Quran or the honourable status accorded to her by Islam. In some societies like ours, traditions and customs have been given a religious sanction whereas the religious injunctions have been buried many fathoms deep. After the Prophets death his successors known as khalifs continue to teach the Muslims the teaching of Quran and Hadith (sayings of Prophet) but during later period, different kinds of interpretations were given to the Quran by different religious scholars and Muslims follow different school of Islam ( four school of Islam Hanifi, Hanbili, Shafi) who incorporated their individual ideas. 2.3 Islam in India Islam came to south Asia prior to Muslim invasion of India. Islamic influence felt in India with the advent of Arab traders in Malabar region in the early 7 th century and many Arab traders married local Mappila women s. The province of Sindh was conquered by an Arab army under Muhammad Mir Qasim and Sindh became the eastern most province of the Umayyad Caliphate. Before Arabs began to conquer Sind in 711 A.D., Arabs were already trading and settling along the west coast from modern Kerala to the Gulf of Cambay (Raphael 1982) 30. There was presence of Muslims, presumably traders, in some of the towns in north India befor the opening of Mahamud of Ghazni s campaign into north Indian plains in 1001 A.D. (Ibid) 31. A successful invasion by Mohammad Ghori in 12 th century eventually led to the formation of Delhi sultanate and north India came under Muslim rule. Muslims are in minority in India, their women s position is even worse, because Muslim men have generally prevented their women from modern education and social 43
and economic progress. Educated women are not allowed to seek employment because the patriarchal respectability is likely to get smeared. This has resulted in the general backwardness of Muslim women in India which is aggravated by the discriminatory treatment as well as the feeling of the discrimination experienced by them in many parts of the country (Naeem 2001) 32. In India Islam is the second largest religion, making up 14.9% of the country s population with about 180 million adherents (2011 census). India has the second population of Muslims after Indonesia. Abedi (2011) 33 states that Muslims in India are governed by the Muslim personal law (shariat) application act, 1937 It directs the application of Muslim personal law to Muslims in marriage, dower, mahr (dower), divorce, maintenance, gifts, waqf, wills and inheritance. The Indian constitution provides equal rights to all citizens irrespective of their religion. Article 44 recommends a uniform civil code. However, the attempts by successive political leadership in the country to integrate Indian society under common civil code is strongly resisted and is viewed by Indian Muslims as an attempt to dilute the cultural identity of the minority groups of the country. 2.5 Women in Muslim society in India During Muslim rule in India Muslims enjoyed power and patronage at all levels. They had the lion s share in the services and also held high posts under the Marathas after decline of Mughal rule. With the advent of British rule in India they lose all privileges and patronage and refused to absorb the new influences which gradually lead to their economic backwardness. Later they were slow to adopt new reforms and policies in this Muslim women suffered more than men. Reddy (1986) 34 states that after independence women began to participate in certain spheres of socio- economic activities in India and started coming out of their seclusion and started active participation in vocations that are largely the monopoly of males. Kapur (1970) 35 also states socially one of the most fundamental and most remarkable changes brought about since independence is the comparative emancipation of women kind and its emergence from the seclusion of home into the activities of the world outside. But no spectacular transformation has taken place in the case of Muslim women. Muslim women are not a monolithic community like other women but belong to 44
different sects, social groups, occupations, regional, Linguistic-cultural groups, educational level, etc. Their lives are similar at the intersection of gender, family and community within the dynamic context of Indian society, polity and economy. Hasan & Menon (2004) 36 writes in their study that stereotypes of Muslim women, entrenched by the trinity of multiple marriages, triple talaq and Purdah have held them hostage for so long that they have become difficult to dislodge. Muslim women probably comprise the poorest and most disadvantaged group in the country. Muslim women have been viewed as wards of their community, and on the other as independent freely- choosing subject entitled to rights, resources and protection, irrespective of sex religion. In most analysis as well as in much of the campaigning and struggle, greater attention has been paid to the question of Muslim personal law and its curtailment of rights vis-à-vis women and on legal equality in the matter of personal law as a minimum guarantee of equal citizenship than on socio-economic, historical on local factors. The problem of raising women from oppressed, a lower value status to social economic and political equality, from tradition to modernity has been a discontinuous and indeed a complex process linked with the contradictory pulls and tensions of class, caste and power. The realization of equality has been an inseparable process of modernization in our society of the Middle Ages and in a protracted and bitter struggle the dynamic concept emerged as a great ideological force. An important aspect of the transition from tradition to modernity is the change in the pattern of social stratification. Muslim women were slow to adopt new reforms and policies after independence due to various cultural and religious factors. Hashia (1998) 37 argues that the status of Muslim women in India is influenced by various factors as stated by different social scientists and feminist. Among them are Islamic injunctions, which are often misinterpreted or misinformed, assimilation and non Islamic practices into Muslim society, lack of religious and secular education, traditions, culture and practices. Indian society is a patriarchal society in which men direct social, political, economic and cultural life. Muslim society is also patriarchal in nature. Individual families were normally set up on patriarchal bases, with the husband and father being the sole authority and making the key decisions and women with humble obedience owed to his male authority. Patriarchal family structure rested on men s control of most or all property, 45
subordination to men was the normal condition for the vast majority of women. What the religion says has been interpreted by men, as the religious leaders are men denying Muslim women their religious and other rights. According to Towards Equality (1974) 38 report, it is largely seclusion that has kept women backward in respect of education, health, prevented their participation in economic and social fields and has been a hurdle in the way of realizing their property rights. It has made them heavily dependent on men for the business of living and hence also for achieving any progress and the practice of triple talaq has been most detrimental to the status of Muslim women. In their relationship with the divine, men and women stand on footing of equality in Islam, a woman, like man, is an individual who can pray to the almighty and can hope for redemption. Islam does not consider woman as an impediment in the path of religion, nor does it consider her as the root cause of man s downfall. The incidence of polygamy among Muslims is not as high as it is believed to be, there is no doubt that the prevalence of legal sanction for polygyny caused widespread resentment among the Muslim women. Menon (1981) 39 states that presently, in the changing Indian society, Muslim women try hard to get rid of the burden of traditionalism and ritualism by way of getting themselves educated, participating in social task, earning through occupying gainful employment and thus becoming self reliant and demanding reservation for themselves in educational institutions and in public sector jobs within the OBC. Hussain (1998) 40 in her study The changing half: A study of Indian Muslim found that the structural and institutional factors like customs, traditions, value system, patriarchal structure, misinterpretation of Islamic principles, lack of self initiative or motivation, lack of cooperation from male members etc. hinder women to adopt new values and change than the religious factors alone. But due to the prevalence of illiteracy, poverty, dependency etc. they are accepting reforms slowly. Different variables like education, age, family structure, income, duration of stay in town, exposure to mass media etc. have contributed significantly in changing the attitude of Muslim women towards the process of modernization and social change. Bhatty (1976) 41 states that various impediments have been imposed on women by Muslim community, by s series of social sanctions which have limited her role principally to that of mother and wife and for all practical purposes denied her freedom to choose a role or a combination of roles, As a consequence they remained backward in 46
every field of life. The minority position of Muslims in India further discouraged them from accepting modern culture and values. They were scared of imbibing democratic culture for the reasons of losing their identity and maintained old customs and traditions, backed by the support of ulemas. This attitude affected the development of Muslim women. Muslim society is also changing slowly in India and now days providing education to their daughters and taking benefits of different educational policies of government. Ghanchi (2012) 42 states that in every sphere there have been major changes taking place from traditional to modernity and from conservation to rationality. Muslim social structure is passing through a transitional phase of tradition, lack of education and paucity of suitable sources of information that has been instrumental in women s adherence to conservative norms and values, attitudes and ideas. Once exposed to modern education, women not only change themselves, but become ardent advocate of change. Better status of the Muslim women demands positive action on poverty and social restrictions which presuppose superiority and dominance. To improve the status of women it is essential to bring about changes in socio- economic conditions of Muslims in India, if Muslims remain poor and illiterate it will be difficult to improve the social status of Muslim women. Ghanchi (2012) 43 in his study among Muslims in Surat highlighted that Muslims too have started favouring higher education of women and believe that education make women more independent and self reliant as well as gives better position in society. Daughters are not resented in Muslim society and found equal sex ration among Muslims in general speak of relatively better position of women in Muslim society. If women are widows, divorced or separated their share in the father s property is morally justified. However, if they are married, a demand for a share in the property is seen as an encroachment on the superior right of the brothers. And women do not demand share in property to keep long term gains and maintaining good relations with brothers as a subtle patriarchal intervention indeed. Gender roles and patriarchal ideologies affect women s access to inheritance. In Jammu and Kashmir Muslim society is traditional and patriarchal and women are dependent on male members. 47
Azim (1997) 44 argues that Muslim women are as modern and as backward as their counterparts in the various income groups in other communities. The various economic and sociological problems of the Muslim community cannot be isolated from the problems of the general backwardness and poverty of the Indian masses. Azim (1997) 45 also writes that the backwardness of Muslim women is the result of lack of culture among the community generally, clearly implying that Islam has not come to their rescue but it will be wrong to generalise the condition of the women by ignoring the fact of classes and class difference. The women belonging to the upper stratum are quite an emancipated irrespective of community or religion and women in lower strata are backward and conservative. In this context reliance on law or demand to change the personal or emphasis to retain it is a futile exercise. Such reforms enhance educational status of women and increase their participation in economic activities. Kidwai (1976) 46 present a comparative analysis of the role and status of women in different religious communities. As regards the role and status of Muslim women he writes that the condition of Muslim women is not universally uniform, but a trend of decline in their status is found everywhere. Brijbhushan (1980) 47 in her study reveals changes in all important aspects of women s life in Muslim society like marriage, purdah, polygamy, adoption of family planning measures etc. Jain (1986) 48 assessed the degree of modernization among Muslims in Jaipur. Her study reveals that in the sphere of education, employment, household authority and in the family economy women at the lower rungs of the social status. The author tried to find out whether the process of modernization in India has brought a change in the status of Muslim women. The trends show that Muslim women are favourably disposed towards economic independence. The author found that educated and working women showed a high degree of political consciousness, freedom in maintaining independent bank accounts and confidence in domestic dealings. Shafi (2002) 49 in her study of Muslim married working women in Srinagar district of Jammu and Kashmir state reveals that change has taken place in the status role of working women consequently has attained greater decision making power in the family. 48
Some of the roles which are exclusively the domain of the male members of the family are now being shared with housewife. The author concludes that inspite of traditional roles and statuses gainful employment constitutes an important source to raise the socioeconomic status of women in the family. 2.6 Purdah among Muslim women Purdah system among Muslims is regarded as one of the major impediments for the progress of women in Muslim society in India and is a major factor responsible for their backwardness Women were discouraged to go outside alone due to this system. Due to this the active participation of Muslim women in social and economic activities is not possible. Shibani Roy (1979) 50 in her study mentions that women among the Muslims are subjected to sharp restrictions in various spheres of their life. Instances of discriminations against them bring out the basic inequality of statuses between the two sexes. One of the significant features community in the northern region of India still attempts to retain its Islamic character. Hence amongst them the rules of purdah are strictly adhered to. In special instances some of the prohibitions can be disregarded. A woman is allowed to interact with a man under the following conditions; when a woman is being treated by the hakim or when a woman is to confront a kazi as a witness or an accused, or in case the woman is caught in a fire or she is drowning or when her life or chastity is in danger. Purdah has become an indispensable part of Muslim social structure because a high status was attributed to families which observed it. The Prophet ordered the women of his family and tribe to use chaddar while making public appearances in order to distinguish the women of his family from those of other families. The purdah regulations in Hadith pertain also to the interaction among women. The women are asked not to sit amidst other women without their dupatta. Further they are asked to expose nothing beside their face and hands while at home. The women are further instructed not to expose her body to any man or women expect her husband. If she does, it is considered to be sinful. Old women are exempted from this rule. In Bhaderwah position of women in cultural domain is not different then women in other part of India. 49
(Azim 1997) 51 argues that purdah system is prevalent among Muslims all over the world and also a hindrance in women s progress in social life. Due to purdah system, the presence of Muslim women in India has been considerably low in social gatherings. It has also acted as a stumbling block in the progress of Muslim women and deprives them of equal opportunity in most of the spheres of human activity and on account of purdah system; men curb women in taking part in social activities. Azim (1997) 52 in his study among Muslims in Mangalore, states that purdah is one of the impediments for the progress and all round development of Muslim women. Due to purdah system many Muslims do not allow the grown- up girls to go out. It is also seriously affecting them in their education and taking up of employment but there are many changes in the practice of purdah system now days the system was disappearing. Practice of wearing burka in strict Islamic sense is not at all found today many women go out without wearing burka and those who wear it do not wear according to the Islamic sense and the autonomy of Muslim women in social, economic and cultural activities has improved considerably. Youssef and Smock (1977) 53 observes that although the veil becomes a symbol of respectability, the very logic of seclusion reflected negatively on the character and values of women. The Muslim Personal Law in India has safeguarded the legal rights of Muslim women; their social progress has been hampered by the custom of purdah. Bhatty (1976) 54 writes that wearing of burka lead to physical ill health. It affects the healthy physical growth and interferes with physiological functions. So the practice of purdah not only limits the social progress but also the physical development of women. The status of women can improve if they are allowed to take part actively in every sphere of life but the practice of seclusion deprives them of equal opportunities in every sphere of life. This system hinders their education as many traditional parents do not send their daughters for education due to this purdah system (Saiyed 1976) 55. Now a day s purdah system has changed a lot. it has also be seen that absolute female seclusion no more exist and Muslim women can be seen everywhere and many changes have taken in the pattern of burka as rigid burka is replaces by modern abayas and duppatta. In Jammu and Kashmir particularly in Bhaderwah women and young girls are seen with burka in colleges and schools but covering themselves with duppata and scarfs but women without 50
duppata and scarfs are not allowed to come out of home. Singh (1992) 56 states that purdah in the traditional sense no more exists. Even among the lower class women it is either much less found or is used flexible. Many women do not wear burka while going out for shopping and some women wear while going out for the occasion of marriage or on traditional ceremonies but majority of women carry chaddra or duppatta. Inter mixing with opposite sex is not allowed except in co-educational institutions. But overall the rigid practice of seclusion has undergone a major change and is no more a major hindrance in socio-economic progress of Muslim women. Roy (1979) 57 writes that in the male dominated Muslim society, purdah is a male imposed symbol of domination and seclusion symbolizing the eclipse of a Muslim women s identity and individuality. The Muslim women observing purdah is not the same traditional as practised by their older generations. Any transgression of purdah meant an anti- Islamic act. Today this attitude has been changed the basic reason behind purdah has been to avoid attraction but now day s modern burkas and abayas attract more attention than normal dress. Now day s purdah is no more hindrance in women s social progress. We saw women without proper veil or burka in public places and even in religious places but they cover their head with duppatas and young girls wearing modern scarfs. The main reason behind Muslim women s backwardness is illiteracy and poverty among Muslims in general. However, modernization and development have brought about several changes in the status of Muslim women, unlike in the past; they begin to take part in social, economic and cultural activities. And men involve females in matters related to children s and household management (Azim 1997) 58. Hussain (1998) 59 in her study found that the structural and institutional factors like customs, traditions, value system, patriarchal cooperation, misinterpretation of Islamic principles, lack of self initiative or motivation, lack of cooperation from male members etc. Hinder women to adopt new values and change than the religious factors alone the prevalence of illiteracy, poverty, dependency etc are also the major reasons. They are accepting reforms slowly. Different variables like education, age, family structure, income, duration of stay in town and exposure to mass media etc. have contributed significantly in changing the attitude of Muslim women towards the process of modernization and social change. Chaturvedi (2003) 60 states that the status of Muslim women is inter connected with their social and 51
economic upliftment. In case we are in a position to empower them economically and socially, it would lead to a rise in their status. 2.7 Socio- Economic status of Muslim women in India Against this background, it is necessary that we examine why Muslim women remained backward compared to the women of other religious communities in social, economic, cultural and political fields. When the British came to India in the 16 th century A.D., women had been completely degraded, as society was stagnated by religious customs and traditions. Purdah system, child marriage, female infanticide, sati and restrictions on widow marriage were common in those days when the British entered India with a new culture and social values based on equality. During the British rule in India, several laws were enacted to eliminate social evils prevalent in the society. Although only a few women belonging to the upper class took advantage of the new culture, the attitude and behaviour patterns of Hindus changed drastically. But Muslims did not take the benefit of the new culture. The Hindus had taken more readily to the western concepts of a humanistic and democratic way of life. On the other hand, the Muslims despite their forward-looking leaders like Sir Syed Ahmed Khan stuck to their conversation and refused to imbibe democratic values and even modern education. Thus, the hiatus between the Hindus and Muslims developed, giving rise to an inequality of status for which of course, no one but the Muslims themselves are to be blamed (Sarkar 1991) 61. The minority position of Muslims in India further discouraged them from accepting the modern culture and values. They were scared of imbibing democratic culture for the reasons of losing their identity and maintained ancient customs and traditions, backed by the support of religious ulemas. This attitude affected the development of Muslim women. They sanctioned ancient restrictions on them. They restricted their women from reaping the fruits of modern education and employment. The autonomy of Muslim women has been severely eroded (Azim 1997) 62. Muslims have to rethink their position being the largest minority community and inhabiting the second largest Muslim populated country of the world. Their status in social, and economic spheres such as education, public services, banking, public sector undertaking, etc., is 52
deplorable. The backwardness of the Muslim affects the development of their women more than their men. The women play a far greater role in the socialization of their children. An educated mother therefore can play an effective role in the physical and emotional development of children (ibid) 63. Sachhar committee report (2005) 64 presents the backwardness faced by the Muslim through various indicators. According to this report Muslim are lagging in socioeconomic sphere which affect the position of Muslim women. The reason behind their poor socio economic condition is not religious but social factors such as poverty, low income, illiteracy. Muslim have low rate of literacy and employment. According to this report Muslims are not only the victims of poverty, but have come to accept inequality and discrimination as their inevitable fate. However, Muslim women have remained backward in most of the areas of life and are slow in taking the benefits of modernization and development. But in recent years there have been signs of change. Modernization and development have brought about some changes in their role and status; they are no longer isolated from the outside world. In this process of change, they have surmounted several barriers. Some of these changes have taken the Muslim women out of the protected environment of the past into the rush and confusion of the modern world. Her world is no longer bounded by the four walls of the house, but by the wider area of civic and national interests and even international relationships (Woodsmall 1983) 65. Roy (1979) 66 writes that Muslim women are availing themselves the opportunities provided to an average citizen of India. Now- a- days, we can see Muslim women in the field of teaching, medicine and even judiciary and like. Many changes have taken place in the matter of education, employment and purdah for the Muslim women. Their status has considerably improved specially in the last three decades. Siddiqui (1987) 67 observes that there is definite evidence to show that Muslims are undergoing change, though the rate and extent of change varies between the rural and urban areas and different socio-economic classes. Chaturvedi (2003) 68 writes that in recent years, there has been a changing trend towards traditional status of the Muslim women owing to spread of education, slackening of patriarchal rigidity, dynamic political system and growth of women s organisation. 53
2.8 Muslims in Jammu and Kashmir In Jammu and Kashmir Islam spread by the arrival of Sufi saint bulbul shah from central Asia. Islamic rule began in Kashmir with the Sayyid dynasty and was annexed by Akbar during 15 th century and became part of great Mughal Empire. Muslim population in Jammu and Kashmir constitute 74.9% (census 2011). In early Kashmir society the most significant feature was the freedom that women enjoyed no attempt was made to marginalise them or deculturise their personality as was done in other contemporary societies in other part of the world. Women under the protective umbrella of the family occupied a pivotal place in social life and moved about with unfettered freedom. Undoubtedly, the society was patriarchal, but there was no restriction on the movement of women, nor was any irrational curb imposed on their activity. Female seclusion was something unknown in Kashmir. Socially the women did not enjoy the same status as men anywhere in the state. A woman primarily was intended for her role as a good wife and mother. The patriarchal structure of the society made for the superiority of man and strict notions of duty etiquette and moral obligations were infused into a woman s mind from her very infancy. The Muslim women of Kashmir enjoyed a position of somewhat equality with their men in comparison to women in other part of India. The status of women in the traditional family in Jammu and Kashmir was low in comparison to men. Women were considered weak less intelligent and inferior. These notions about inequality between men and women were supported by myths, dogmas and traditional belief systems and women too strongly believed in these man created notions (Dabla 1992) 69. In traditional Kashmir society the women generally remained confined to their household and were not considered equal partners in their family life, they were usually subjugated, discriminated and maltreated. In fact, they remained dependent, economically and non-economically, throughout their lives. This dependency was so deeply rooted that women s personal matters were also decided by the elder male members of the family. Their income was usually considered the family s income and was often spent by male members of the family. The majority of women were 54