‘Muslim Personal Law discriminates against women rights’: Kerala High Court Justice- B. Kemal Pasha

Kozhikode: Addressing to the gathering in Seminar, the Kerala High Court Justice- B. Kemal Pasha said that the Muslim Personal Law on matters relating to the dowry, divorce and inheritance discriminated against women and also he sought to maintain that this position is in contradiction to the position of the Holy Quran on these issues.

The said Judge of the High Court of Kerala was speaking over the gathering, while in seminar which was organized by Nisa- a progressive Muslim Women’s forum and a Punarjani Charitable Trust. The said seminar was held yesterday i.e. on Sunday 6th March and the said judge- Pasha stated that the Holy Quran had actually granted women the right to extra- judicial divorce by way of Faskh, however, the Muslim Personal Law didn’t grant that right to women even as it allowed men the right to pronounce talaq.

While discussing the topic on ‘Constitution- Gender equality- belief’, while there being an International Women’s day observance by the concerned organizers, the said judge- Pasha that the Muslim personal law had adopted various tenets from the Holy Quran, however, refused to adhere to the Holy Quran when it came to women and their rights.

It is further commented by him that the Holy Quran is offering various freedoms to the women too, while it is concerning the matters of Marriage and Divorce, however, personal law denied many of them to women. He also said that when a man can marry up to four times in muslims, the personal law “denies the freedom to women”. Further, he blamed the religious leaders for forcibly implementing the law which denied justice to women.

Moreover, he further stated that the situation is being created by the “discrimination and the religious leaders” and now they cannot shy away from addressing it. As per his opinion they should introspect whether they are qualified for pronouncing judgements. And the people who receive such judgements must also think about that, he further stated.

He also sought to question that when Constitution guaranteed equality to both man and woman, he said all laws of the country come under the purview of Article 14 and 21 which guaranteed right to equality and right to life respectively.

Adv. Faim Khalilkhan Pathan