A study on the women rights in Islam with reference to Indian Constitution

The women rights in Islamic Sharia ruled countries are decided by a combination of religious interpretations, local customs, and political frameworks. These religious implications in Islamic countries were acted as the obstructions in women equality as well as personal freedom. The legal reforms will be helpful to women for living life with dignity, freedom, honor and security. As per the reports available in respect to Islam; Women are granted spiritual equality, the right to own property, the right to education, and the right to choose their spouse. However, the actual situation and status of women is totally different. In Islam, divorce is permitted but discouraged, and is meant to be a last resort after attempts at reconciliation. Both the Quran and Hadith emphasize fairness, justice, and compassion in the process. Women are granted significant rights within the divorce process, including the right to seek divorce (khula), maintain their property (mahr), and be supported financially during the waiting period (iddah). The major objective of this is to keep the dignity and rights of both parties, particularly the woman, ensuring she is not left vulnerable or exploited. The rights of women in both Islam and the Indian Constitution affirm equality and protection, but challenges persist due to cultural interpretations, legal variations, and societal norms. While the Indian Constitution offers a secular legal framework, Islamic law provides spiritual and moral guidance that can sometimes be at odds with contemporary gender equality issues in different countries. Both systems aim to protect women’s dignity, but practical implementation and interpretation can differ. Overall comparative study of women rights in Indian constitution with Islamic countries reveals that Indian constitution provides provision for women rights, dignity, equality, honour, freedom and protection etc. as compare to the Islamic countries. On the basis of present studies, it is suggested to reform Islamic rules and should be replaced by the uniform civil code of legal procedures.

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