Muslim Personal Law in Secular Democracies: A Challenge for Gender Equality

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Rahul Gupta, Dr. Anjum Parvez

Abstract

The intersection of Muslim Personal Law (MPL) and secular democratic principles presents a complex challenge for gender equality. MPL, which governs personal matters such as marriage, divorce, inheritance, and child custody for Muslims, is deeply rooted in religious traditions and practices. In most cases, the use of MPL in secular democracies brings conflict between religious rights and the principles of equality and nondiscrimination set in the constitution. On several occasions, provisions within MPL have been attacked as entrenching inequality along gender lines, especially women's rights. This research paper looks into the impact of MPL on secular democracies, specifically regarding its role in ensuring equality of genders. It critically examines some of the major case laws that involved landmark decisions by courts concerning the conflict between MPL and constitutional rights. In addition, it looks into gendered implications of MPL, such as marriage, divorce, inheritance, and maintenance cases, in which the law is often seen as unfavourable to women. Finally, the paper discusses potential reforms aimed at reconciling the practice of MPL with the secular democratic values enshrined in the constitution, emphasizing the importance of protecting both religious freedoms and the rights of women. By balancing these competing interests, this paper seeks to provide insights into the possibility of achieving gender equality while respecting religious diversity in secular societies.

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