Category: Muslim

If there is one group of people who tend to face extreme discrimination and social subjugation in the United States of America, it is undoubtedly religious minority groups. Muslim American Women in particular, stand out amongst the rest. The degree of orientalism that Muslim women continue to face in America has increased tenfold following the September 11, 2001 terrorist attacks, and today we find Muslim women experiencing particularly intense and laborious upbringing in their own homes, as well as in American society. Shabana Mir, a Muslim American scholar, wrote an essay regarding double consciousness in Muslim-American culture, “Muslim, American – these identities effervesce and simmer in many Americans’ minds like a chemistry experiment gone wrong.” (Mir 30). The Muslim American woman -whose identity is shaped from a myriad range of cultural and societal ingredients- is marginalized, a victim of orientalism, and ultimately treated unequally in the United States of America.

In the Declaration of Independence, Thomas Jefferson, one of the most influential politicians in US history, argued that all Americans are equal. “We hold these truths to be self-evident that all men are created equal, that they are endowed by their creator with certain inalienable rights, that among these are life, liberty, and the pursuit of happiness.” (Jefferson 565). Jefferson envisioned an American society where race, class, ethnicity, culture, and religion did not impede its citizens to thrive. Nevertheless, US society remains a long way from reaching true equality. The US has always grappled with racism, leading to tense relationships between the majority white, Protestant and minority groups. At the heart of racial stereotypes and discrimination, is the concept of “we” versus “others.” American society experiences pervasive stigmatization and social subjugation, leading to a strained relationship between dominant social groups and the minority. Similarly, diverse religious backgrounds have not been fully accepted because of the belief that their ideals do not represent what the majority culture sanctions. As such, it has forced people who have different beliefs to cover, hide, and refrain from relishing in their culture because of the need to be accepted. Indeed, given the situation in the US, what Jefferson envisioned remains a far-fetched dream.

Similarly, the Muslim minority in the US face almost identical challenges to Jewish people, as the majority group challenge their values and use stereotypes to marginalize diverse groups. Shirley Jackson, a Jewish woman, wrote a short story shorting after World War II called “The Lottery”, which reveals deeply embedded marginalization and tradition, fanned by aggression and disregard from a dominant group. In “The Lottery”, Tessie, who won the (arguably sadistic) lottery, was stoned to death for no justifiable reason, other than the fact that it’s tradition. “Tessie Hutchinson was in the center of a cleared space by now, and she held her hands out desperately as the villagers moved in on her. ‘It isn’t fair,’ she said. A stone hit her on the side of the head.” (Jackson 310). It is clear in this narrative that the dominant group hold the minority -Tessie- in contempt. Disregarding her pleas, and turning their back on her when she declares that such treatment isn’t fair. Although Shirley Jackson’s story is fiction, the nature of this treatment… utter neglect, violence, and disdain, is very much a reality for Muslim American women.

Furthermore, American society is shaped by the discourses of the dominant community. White, Christian, liberal, represent the normal, whereas Muslim and minority groups are viewed as backward and primitive, thus, the continuous abusing of their rights is overlooked (Mir 33). In classic scholar and historian Donald Kagan’s essay, “On Patriotism”, he reveals the need for Americans to understand that they must love their country and carry ideals that represent patriotism. However, he remains cautious that the diversity of the American population poses a danger of division among different groups. “The great strengths provided by this diversity are matches by great dangers. We are always vulnerable to divisions that can be exploited to set one group against another and destroy the unity and harmony that have allowed us to flourish.” (Kagan 699-700). Indeed, the struggles of Muslim women in America are a representation of the dangers of a diverse society, which can easily turn against each other. On campus, Muslim women have realized that the intense power of marginalization from the dominant groups forces them to take identities that do not represent their values (Mir 33). The stereotyping gaze that people of the Muslim faith have to deal with is very telling about the forcing of the community to sacrifice their ideals. The pressure from the dominant western culture in the United States is centered towards pushing for their normalization. Muslim women are believed to be better off renouncing their religious faith because the discourse is that their religion is a source of oppression for these women. The dominant communities tend to push social construction, which paints Muslims as individuals of a homogenous group.

Religion in India is identified by the diverse existence of religious practices and beliefs. The preamble of Indian Constitution clearly states that India is a Secular State. Citizens have Right to choose their religion. Personal Laws are used to regulate matters regarding marriage, divorce, maintenance, etc for Indian Citizen. However, these laws are criticized for Gender inequality and biased attitude. The most criticism for being biased is received by Muslim Personal Laws. There has been the core controversy between personal laws and gender justice.

In the case, Shayara Bano vs. Union of India ,

• Shayara Bano (Petitioner) was married to Rizwan Ahmed for 15 years, and later, in 2016, he divorced her through instant Triple talaq (Talaq-e-biddat).
• It is a form of Islamic divorce which has been used by Muslim men in India to legally divorce his wife by simply pronouncing the word talaq three times in oral, written or electronic form.
• She filed a Writ Petition in the Supreme Court and asked to hold three practices talaq-e-biddat, Polygamy and Nikah Halala unconstitutional as these practices violates Article 14, 15(1), 21 and 25 of the Indian Constitution.
• Article 14 provides for Equality before Law, Article 15(1) provides for Prohibition of discrimination on the grounds of gender, Article 12 provides for Right to life and Article 25 provides for freedom of religion.
• Talaq-e-biddat is a practice in which Muslim men gets right to divorce their wives by pronouncing the word ‘talaq’ 3 times in one sitting without their wives consent. Polygamy is a practice in which Muslim men’s are allowed to have more the one wife. And Nikah Halala is a practice in which a divorced women’s who wants to remarry their husband’s would have to marry, and obtain divorce, from the second husband before she goes back to her first husband.
• On February 16, 2017, The Supreme Court of India asked Shayara Bano, All India Muslim Personal Law Board (AIMPLB), Union of India and other women’s rights bodies to give their written submission on the issue of talaq-e-biddat, polygamy and Nikah Halala. The women’s right organization like Bebaak collective and Bhartiya Muslim Mahila Andolan and The Union of India supported the Shayara Bano’s plea that these practices are unconstitutional.

After accepting the Shayara Bano’s petition, the Apex Court formed the five judge constitutional bench on March 13, 2017. On May 11, 2017, the first hearing was declared. And on August 22, 2017, the five judge bench of the Supreme Court by a majority of 3:2 assured its decision in the triple talaq case declaring that the practice of triple talaq was unconstitutional.

BACKGROUND

• The Muslim Women (Protection of rights on marriage) Act, 2019 comes in the background of preceding practices and judicial judgments. In the case, Mohd. Ahmed Khan vs. Shah Bano Begum and others , Shah Bano, a 62 year old woman filed a writ petition in Supreme Court of India demanding maintenance from her divorced husband Mohd. Ahmed Khan. They were married in 1932 and had 5 children. The maintenance which was demanded was for her and her five children. It was held by Supreme Court that Mohd. Ahmed Khan was liable to pay maintenance money to Shah Bano.
• But later, The Muslim Women (Protection of Rights on Divorce) Act, 1986 as passed by the Government of India which diminished the positive impact created by the Shah Bano’s Case. This Act changed the liability of the husband to pay was narrowed to the period of Iddat only. Iddat is the time period which Muslim Women must observe after the death of her husband or after a divorce, during that period she is shall not to marry another man. Generally the period of Iddat is 3 months, but it varies according to a number of circumstances.
• In the case, Danial Latifi and another vs. Union of India , the validity of the Shah Bano’s Judgment was sustained by the Supreme Court of India.
• In 2017, Supreme Court of India formed five judge bench and had declared that the practice of triple talaq as unconstitutional. This judgment was declared in Shayara Bano vs. Union of India, Shayara Bano who was divorced from her husband after fifteen years of their marriage. He divorced her by means of a letter that had talaq written thrice. She moved to the Court challenging that the practices of talaq-e-biddat, Polygamy and Nikah Halala violates women’s rights under Article 14, 15(1), 21 and 25 of the Constitution of India.
• Even after the judgment of Shayara Bano’s case in 2017, there were many instances of triple talaq throughout the country, so on the basis on this, the Centre decided to make a law that prohibits the practice of Triple talaq.
• Later, in September 2017, the Government of India had proposed the Muslim Women (Protection of rights on Marriage) Bill in the Parliament and endeavored to make Triple talaq a punishable and criminal offence under law.
• At first, in 2017, the Bill was passed in Lok Sabha but failed in Rajya Sabha. Later, The Muslim Women (Protection of rights on Marriage) Bill, 2019 was introduced by Mr. Ravi Shankar Prasad, Minister of Law and Justice on 21 June, 2019. It took the place of an ordinance implemented on 19th February, 2019.

PROVISIONS OF THE 2019 ACT

• This Act was made in accordance to protect the rights of the married Muslim women and to ban divorce by uttering talaq by their husbands and to provide for matters connected therewith. The Act is divided into Three Chapters containing Eight Section in total.
• Chapter 1 states the extent on this Act. Section 1 states that the Act shall be called the Muslim Women (Protection of Rights on Marriage) Ac, 2019 and it shall extent to the whole of India. Section 2 (a) states that the meaning of ‘Electronic form’ shall have same meaning as stated in Section 2 (1) (r) of the Information Technology Act, 2000. And Section 2(b) allows the Judicial Magistrate of the first class to exercise jurisdiction under the Code of Criminal Procedure, 1973.
• Chapter 2 declares that the pronouncement or utterance of the word talaq by a Muslim Husband on his wife by means of words, may be written, spoken or in electronic form or by any other means to be illegal and void. If any Muslim man utters the word talaq on his wife as specified in Sec. 3 of this Act then, he will be punished with imprisonment which can be expanded to three years, and will also be liable to pay fine.
• Chapter 3 Provides for the Protection of Rights of Married Women. Section 5 states that the Muslim married women on whom the word talaq is uttered by her husband is entitled to receive maintenance from her husband, such amount of maintenance allowance, for her and her children, in manner as may be determined by the Magistrate. Section 6 states that the if the word talaq is uttered by Muslim Husband on his wife and, if they have children in such case, the Muslim woman shall be entitled for the custody of her minor children, in such manner as may be determined by the magistrate.
• Section 7 provides offence to be cognizable, compoundable, etc., in spite of anything stated in the Code of Criminal Procedure, 1973. An offence punishable under this Act shall be cognizable, if the Married Muslim woman on whom the word talaq is pronounced or any person related to her by blood or marriage has given the information relating to the performance of the offence to an officer in charge of a police station. Cognizable offence is the one in which the police officer has authority to arrest accused person without any arrest warrant. An offence punishable under this Act shall be compoundable, at the instance of that woman with the permission of the Magistrate, on such terms and conditions as he may determine.
• The person accused of an offence under this Act shall not be released on bail. The bail can only be granted after hearing the woman on whom the word talaq is uttered and only if magistrate finds reasonable grounds to grant bail.

CONCLUSION

Form this article, it can be concluded that even though the issues of practices like triple talaq were severely criticized, this Act has brought the good change in Islamic Laws. The Act comes with the good positives for Muslim women who had been suffering from the practice of triple talaq for several years. The Act banned the Practice of Triple talaq in India and declared it as a criminal offence. This practice was already banned by more than twenty Islamic Countries.

This Act stands against gender justice discrimination policies against Muslim women and held those practices as unconstitutional. The Act shows respect towards the rights of Muslim Women and declined Social Customs like Triple talaq, polygamy and Nikah Halala.

Introduction

Islam has women rights that have often been perceived in different ways according to different ulemas. But what remain is the specific responsibilities of men and women that are distinctive in nature and not identical, it is said that both male and female have equal rights, as both are descendants of Adam. “And for women are rights over men, similar to those of men over women.” Qur’an 2:228

Equal Reward and Accountability

Both men as well as women are to worship Allah in the same manner. They are supposed to perform the same prayers, rituals and acts of worship. They’re to follow the same scripture i.e. the Qur’an, and carry the same belief system.

Allah judges everyone fairly and equally, and emphasizes that all humans will be justly treated and rewarded on their actions. “Never will I allow the loss of the work of any worker amongst you, male or female; you are of one another.” Qur’an 3:195

Education

The Prophet Mohammad (PBUH) emphasized in his teachings that education is compulsory for all Muslims; either they will be men or women.

Great female Muslim scholars have always existed, acting as an influence to young Muslim girls. Some of these scholars were also from Prophet Mohammad’s (PBUH) family; some were his daughters and some companions. One of the most prominent Muslim scholars was Aisha through whom about a quarter of Islamic teachings and laws have been relayed.

Employment

An indication that women can pursue employment outside their houses is the fact that Khadija, the first wife of Prophet Mohammad (pbuh) was employed as a merchant, both before as well as after accepting Islam.

As of 2015, up to 25.12% of Pakistani women’s population was employed, the demographic has possibly and hopefully increased now. This portrays that even though there might be lesser opportunities for women and unequal working conditions, the women of Pakistan are still going strong.

It is said that it is a Muslim community’s responsibility to organize employment opportunities for women. This is beneficial as the women would be working in a familiar Muslim environment. This is also important so as the women’s rights as Muslims will be respected and they are not required to do work that violates their rights and Islamic law, and the women can maintain their modesty while executing duties outside the protection of their homes. Although women are allowed to work, their first and foremost duty is still to be responsible wives and mothers.

Dress Code

Allah stated in Quran: ‘O offspring of Adam, We have offered to you attire to hide your reproductive organs and as a fine enhancement and the garments of uprightness that is ideal.’ (Al-A’rāf 7:26).

Allah has referenced here reason behind attire: to cover the body and camouflage what should not to be expose out in the open, and to enrich the body so the individual looks better. Islamic dress is known by its modesty. A Muslim is allowed wear whichever articles of clothing he wishes because of the fact that they are unassuming, free from defilements, not made unthinkable materials and inside scholarly guidelines. Artistic standards suggest that it must submit to the guidelines of the Qur’an and Prophetic Tradition.

Ladies are likewise advised not to expose their body. This implies dress is intended to shield the wearer from badgering and to keep one from getting to be fixated on pride in one’s outward appearance. Along these lines every individual is made a decision for their devotion, genuineness, diligent work and qualities, not insignificant outward magnificence and design. Numerous Muslim ladies totally disguise themselves in a ‘jilbāb’ (external piece of clothing covering them from head to toe), close by gloves, and a face cover (niqāb) that licenses only the eyes to be seen. Most of this is from Islam, at any rate few out of every odd last piece of it is compulsory: the gloves and face shroud are definitely not commitments, yet just proposals and most ladies decide not to wear them. Allah taught the men, ‘to bring down their look from taking a gander at ladies with want other than their spouses, and shield themselves from sex. That is cleaner for them.’ (A Nūr 24:30)

Many individuals erroneously feel that hijāb suggests a headscarf, yet it truly connotes ‘a screen’ or ‘spread’. The word khimār infers scarf which is worn over the head, shoulders and chest of a woman. The jilbāb is an external piece of clothingthat is worn over the ‘house-articles of clothing’s and over the khimār of a woman. The jilbāb covers her from the head to her feet. It will in general be one piece or two pieces – and she wears it before she leaves the home or when in the relationship of non-mahrams (insignificant men). The Prophet (concordance and gifts arrive) stated: ‘When a lady achieves the time of youthfulness, it isn’t right that she shows any piece of her body aside from this and this, he indicated his face and hands.’ (Abu Dawood 4104).

Marriage

Marriage in Islam is often referred to in a poetic manner describing the love and mutual rights that exist between men and women. In Islam men are also specifically commanded to treat their wives with kindness and respect The Prophet Muhammad have said ‘The most perfect in faith amongst believers is he who is best in manners and kindest to his wife.’

The Concept of Mehr

Mehr is the dowry which is given to the bride at the time of nikkah before. She is free to do what she wishes with the gift. She is not required to share it. Cultural traditions often shape the mehr gift because there are essentially no requirements other than the actual giving of the mehr .

Financial and Legal Rights

In Islam there are many rights that are given to women’s by God. One of them is the financial and legal rights. Financial security is guaranteed for women. In Islam no such discrimination is done between men and women, whereas women’s are given more financial security as compared to men. Islam does not burden a women for any financial obligation, it is the duty and responsibility of a men in the family to look after the financial matters. Even if a women works all her earnings are her property they are not obliged to spend any of her earnings on the household until and unless she herself wants to. If a women wants to work she works on her own will she is not forced to work even if she is it is not her duty to look after the financial aspect as it is the duty of the men. Moreover, women are not allowed to spend any penny from her property or income on the household.

Allah has clearly mentioned in Quran that women are not obliged to spend any money on housing food or general expenses. Even if she is working she has no obligation to share her money with her husband if she is married or her family. Therefore she can spend her money as she wishes to. Women’s are entitled to receive the marital gifts, as well as present as future income and properties for her own security. Islam is a religion that has treated women with generosity and has given women’s more right than men. In one of the verses of Quran it is clear that women can work and it is not there duty to do the financial support.

Before I started to write on this topic, the first thing that comes in my mind is that What is Islamization? and what is the history of Islamization? To begin with, we must be known What is Islamization? The Islamization is the method of getting something or someone under the Islamic rules or laws is known as Islamization. In some of the countries, Islamic sentiments has still been alive like in Pakistan, but different governments have utilized this to their benefits. In this essay, I outline the history of Pakistan under the Islamic laws and their impact on women. I also discuss the links between the state, religion and women’s organization and demonstrate how they have shaped women’s lives in Pakistan. Also, my focus is on General Zia-ul-Haq ideologies and policies regarding women. As well as, my all the essay around on the Islam and female oppression, history of Islamization, gender disparity, Islamization impact on women, women rights violation and how we provide proper women rights.

According to my research, overall the concept of Islamization came after the World War I. If we see Islamization in Pakistani context, the concept of Islamization came after the fall of Dhaka. And after sometimes the concept of Islamization came into terrorism in Pakistan. In the Pakistani context, most of the motivated people as well as Ulemas defined Islamization in different ways, but some people have proved dangerous for Pakistan. After some time, the concept of Islamization closer to the Talibanization. Then it pushed the state of Pakistan to the verge of collapse. Poverty and illiteracy continue to hide behind the appearance of Islamization. Additionally, Pakistani society could accept laws which specified that women are less than men in different ways. Because of that Muslims in general consider it a self-evident truth that women are not equal to men. We know obviously in Pakistan women are treated less responsibility as compared to men. But generally, women are also equal to men. Some of the women think that we can’t do this and that. They can do everything whatever they want, they just need self-confidence and self-esteem.

Pakistan is the second most populous Muslim majority country in the world. In Pakistan, the legitimate status of women is completely unequal as compared to men. In 1973 the structure of Pakistan ensures it as a principal right expressing in Article that “Before law all citizens are equal, and all are equal to the protection of law”. The position and status of women has been a political issue over the globe and over the ages. The recent resurgence of religious fundamentalism has given new life to debates on the position of women in Islam. But these debates frequently neglect the historical specificities which shape women’s lives in a variety of contexts. Also, Women are not a monolithic group. If I talk about the women in Islam require that there is an uncontested, universal understanding and implementation of Islam which affects all Muslim women in all over the world. Basically, in this paper, I outline the history of Pakistan’s involvement with Islamic laws and their effect on women and follow some of the links between the state, religion, and women’s organizations in forming women’s lives in Pakistan.

I argue that in order to completely understand the current position of women in Pakistani society. One of the must look at the history of Pakistan and the role of the state in effectively formulating and promoting a particular definition of womanhood. In Pakistan, various Pakistani sees that it was a single adaptation of Islam is practiced or ought to be practiced in entirety Pakistani society, but what the adaptation ought to be comprised are highly conflicting issue. As Pakistani community comprises of numerous ethnic groups and distinctive orders of hammer having their claim standards and rules to be taken after. Compiling with this numerous individuals basically the rights Muslim women have, in case everybody offers and grasps a one-dimensional view of women’s rights, though there is no one adaptation being taken after in Pakistan.

Across Europe, nationalist movements attempting to regain sovereignty have led to the rise of populist, right-wing parties. This has also led to a rise in secularism, especially in France. The discouragement of religion in the public sphere placed a target on Muslim women as their clothing was a clear indicator of religious affiliation. The debates surrounding the wearing of the veil in public areas have existed for a long time. In 2009, Nicolas Sarkozy, the French president at the time, stated during a speech that the veil was a sign of submission and oppression of Muslim women. Building on this, he went on to say that those who wear veils would not be allowed into France as his country did not hold the values of the imprisonment of women’s identity. In April 2011, France became the first country in Europe to pass legislation to ban full-face veils in public areas. The debate around the veil in France is based on several factors, including nationalism, security, immigration, and equality. Since then, the veil has been weaponized by right-wing political parties to further drive their nationalist movements. Despite this, the number of adult women who wear a veil in Western countries is, on average, well below half of one percent. So, why has the veil become such a target, and how has it been used to fuel other political debates? This essay will examine the extent to which the veil has been weaponized by right-wing politics in France. Firstly, I will introduce the history behind veil-wearing customs and traditions in Islam and highlight how they became debated. Moving on, I will then highlight how secularism in France placed a large target on Muslim women and how this then began to weaponize the veil. To conclude, I will challenge the perceptions created by right-wing politics in France before summarizing the essay, where I will further highlight the extent to which the veil has been used by right-wing politics.

Today, head coverings hold a place in most religions, not just Islam. The use of veils and other head coverings in cultures across the Arabian Peninsula, the Middle East, and Saharan Africa can be dated back to times that pre-exist Islam. As Islam began to spread across the world, local veiling customs began to be incorporated with the religion, and this further influenced other customs and traditions. There are a wide variety of veils and headscarves now incorporated with Islam. The most popular of these in Western society is the hijab. The hijab consists of one or two scarves that cover both the head and the neck. This is considered to be the most traditional veil, with the majority of Muslim women wearing it. Other veils include the niqab and the burqa, and these are the type of veils that are causing the largest amount of controversy across Europe. It is important to highlight that veils can hold meanings that are not religious, with some veils holding political meanings or others being associated with a location. Politicians, especially those on the right wing of the political spectrum, argue that these veils create security concerns whilst also interfering with communication. It is not new for the veiling traditions of Islam to receive some criticism. Many critics of these traditions will argue that Muslim women are somewhat forced to wear the veil. On the other hand, Muslim women in the Western world argue that the veil is an image of devotion, religious identity, and self-expression. Some Muslim women have even suggested that the banning of the veil in France and other countries across Europe will consequently lead to more women choosing to wear the veil as a symbol of resistance and defiance. The political debates surrounding the veil began well before the ban on full-face veils in France in 2011. French and British colonizers would encourage Muslim women to remove the veil in an attempt to force them into the mold of the stereotypical European woman. Because of this, the veil has become a symbol of resistance to the West in countries across Northern Africa and the Middle East.

The French government’s obsession with the veil surprisingly exceeds that of the large majority of countries in the Western world. Even in countries such as the United States and England, two countries hit hard by multiple extremist attacks, the veil is not seen politically as an image of uprising and rebellion. As well as this, the need for ethnic, racial, and religious differences to be suppressed to some extent for a person to experience inclusion within a nation is not required in the majority of countries in the Western world. Whilst it is possible to argue that with the rise of populist, right-wing parties across Europe this may become the case sooner or later, currently, it is not the case. So, why is France an outlier in its preoccupation with the veil?

It seems reasonable to diagnose the French fixation on the veil as an image of rebellion as some form of political hysteria. The political actions in the form of disciplinary laws, warnings, and the aggressive expression of politics directed towards the veil appear to be, on the surface at least, unreasonable. This political rhetoric has also found its way into mainstream media in France. Charlie Hebdo, a French satirical magazine infamous for its controversial cartoons, began to suggest that there was some sort of correlation between the wearing of the veil and terrorist attacks across France. Cartoons of this nature could easily be viewed as a form of Islamophobia which, ironically, is something both Charlie Hebdo and France as a country frown upon.

Secularism in France, also known as laïcité, discourages the involvement of religion in government affairs, especially discouraging the influence of religion in the creation of state policies. The use of laïcité began during the late 19th century in an attempt to reduce the power of the Catholic Church in the public domain. Today, laïcité attempts to separate religion from the public sphere, suggesting it should stay in a person’s private life in an attempt to make the public sphere a more equal place. This then implies that items of religious clothing should not be worn in the public sphere. It can also be seen as a way to define a certain identity of ‘Frenchness’ that brings with it the exclusion of Islamic cultures and traditions.

The banning of the veil in the name of equality, more specifically women’s equality, brings another dimension to the worrying fixation on the clothing worn by Muslim women. Whilst the principles of laïcité state that the government must remain neutral when it comes to religion, it does not have any implications for the equality of both men and women. ‘La nouvelle laïcité’ was developed in 2003, just as the debates surrounding the veil and other head coverings were just beginning. This collection of legislation is what requires people to get a better grasp on religious neutrality in the public sphere. Building on this, it also suggests that removing all indications of religious affiliation is a necessity for inclusion within a nation.

Building upon the identity of ‘Frenchness’ previously mentioned, it can be argued that cultural assimilation is one of the defining attributes of this identity. This is also commonplace across nationalist, right-wing identities across Western Europe. Far-right parties across Europe drive the idea of having a nation with a uniform composition, with immigrants being expected to immediately pick up the primary language and show that their loyalties lie with both the cultural and political characteristics of the country. However, how have these ideologies led to the obsession with Muslim women and their clothing?

As I mentioned earlier in this essay, populist right-wing political parties have experienced a rise in popularity over recent years. This could be attributed to how their policies help to promote the ideas of the nation, reclaiming their sovereignty and in this case promoting the idea of ‘Frechness’. Taking on the perspective of these parties, head coverings worn by Muslim women become an obvious target as they visibly display a person’s religious affiliation. The target of Muslim men is much smaller as their clothing in the public sphere is not as visible as a marker. The right-wing in France also uses the veil, as well as other head coverings, as an image of repression. Within the current political rhetoric in France, a veiled woman is considered to be subservient to her religion. An image such as this has no place in today’s society and, if anything, highlights a significant step back from religious inclusion in France.

Despite this, I believe that there might be more to the political hysteria surrounding the veil in France. As I stated in the introduction, the debate around the veil in France is based on several factors, including nationalism, security, immigration, and equality. This debate begins because of a variety of contradictions that are a constant throughout French politics, both on the left and right sides of the political spectrum. Ideologies of a homogenous nation are met by the ideologies of Islam, and this leads to many perceiving that the wearing of the veil contradicts the current French republican values of equality, liberty, and brotherhood. Focusing on this issue of equality, many believe that the veil signifies the submission of Muslim women, which shows the veil as a weapon of inequality. As well as this, a separation could be created between those who wear a veil and those who do not. To those who hold a nationalist view, this could mean that the values and identities of France are no longer desirable as those who wear a veil have chosen not to mold themselves around them. The large majority of non-Muslim people across Europe are unable to distinguish between veils that carry religious meanings and those that hold cultural importance. Because of this, nationalists are allowed to further weaponize veils which allows the debate surrounding them to continue. The factors of nationalism and immigration in this debate highlight a broader issue in France. The debate surrounding the veil highlights an issue of national cohesion, particularly surrounding how Islam fits into Western society. This issue can be seen in nearly all countries within Western Europe. It reflects how the relationships between Western societies and Islam have deteriorated because of right-wing politics and media representation. The sudden increase in bans and legislation surrounding religious clothing, especially that of Muslim women highlights an increased concern about national identities, cultures, and values. These concerns tend to represent cultural anxiety that has increased significantly over the past two decades. The rise of this cultural anxiety has been riled up by right-wing political parties and other political movements which hold strong nationalist views. Because of the rise of these populist parties across Europe, the movements which call for bans on face-veiling are now much more widespread. Germany, Italy, Spain, and Belgium have all now either taken some form of action against the wearing of the veil or are currently considering implementing a similar level of legislation. Because of this, the veil has become an image of the ‘significant other’, with nationalist parties using it as a weapon to attempt to show how Muslim women are refusing to integrate, whilst also highlighting the issues of multiculturalism.

On the other hand, I believe it is important to look at the arguments which exist for not controlling people’s ability to wear a veil in public. The governments across Europe that have taken action against the wearing of the veil in public have been cited as saying that the veil is a symbol of oppression. This then prevents Muslim women from fully integrating into Western society, causing a separation between them and Europeans. However, I do not believe these to be serious enough issues to incite a ban on veil-wearing in the public sphere.

Many people across Europe do not seem to see that the large majority of Muslim women do not wear a veil to please their male counterparts, but instead, they wear one as an act of worship or, in some circumstances, as a symbol of resistance. Whilst women in some countries have been forced to wear some form of head covering, these are very rare exceptions today and do not represent the general population. In France, it is estimated that only around 2000 Muslims choose to wear a veil. This is out of a population of about 5 million Muslim women. Whilst this is only a prediction, it highlights the fact that there are very few women today that choose to wear a veil. Arguments that suggest that the veil prevents Muslim women from fully integrating into Western society are also pretty redundant and quite ironic. The representation of Muslim women in governments across Europe is incredibly small. Because of this, it is ironic that governments across Europe are attempting to take away the right to wear religious clothing by suggesting that the veil does not allow Muslim women the ability to achieve equal opportunities in a European country. If anything, the banning of the veil in the public sphere would stop Muslim women from exercising their right to practice religion, which would then alienate them from society.

The debate surrounding the banning of the veil across Europe can be explained through many different factors. However, the reasons listed in this essay can be considered as circumferential issues used to simply highlight the main reason as to why people across Europe want the wearing of the veil in the public sphere to be banned. Surveys conducted across Europe indicate that people are simply uncomfortable with Muslim women wearing veils in public. Focusing again on France, surveys indicate that around 75% of people support the banning of the veil because of this reason alone. This offers a clear indication that the French public, as well as the majority of Europeans, do not approve of the wearing of the veil in public areas because they simply do not share the same values as those that do wear it. Scarily, this view is now shared by a large proportion of European politicians. It is human nature to feel uncertain about something that they do not like, however, it is just as human to accept the cultures of others and embrace the way in which they live. European politicians, especially those in France, need to use some patience to attempt to accept something they might dislike, rather than just condemn it in the name of national identity and security.

As someone who is not Muslim and does not have any religious affiliations, my personal view is that the banning of the veil in public spaces in France is a way to oppress Muslim women. Using the points I have discussed throughout this essay, I believe that Muslim women should be given the opportunity to decide for themselves if they would want to wear the veil in the public sphere. It is quite ironic, given the reasons why the legislation against the wearing of the veil was put in place, that an item of clothing is being used as a weapon to segregate women. Many people in power, like former French president Nicolas Sarkozy, have taken it into their own hands to drive the message that the veil is a symbol of female oppression. The legislation put into place is just as oppressive as it forces Muslim women to remove their veil against their will. European countries should respect the decisions made by Muslim women to wear the veil; especially given the deeper meanings it can carry. People should embrace the culture as they would like their own culture to be embraced if they were to travel somewhere.

To conclude, I believe that this essay shows that the debate surrounding the banning of the veil in France has been significantly influenced by nationalist identities and the greater ideologies of right-wing politics in the country. Debates that stemmed from the legislation put in place in France saw a sinister combination of right-wing populists and secularists. This combination has driven nationalist movements across France for the past decade and continues to use the veil as an image of oppression and as a threat to national security. This then allows the government to further justify its reasoning behind the banning of the veil in the public sphere. This essay has also highlighted that the rationale that the French government uses to provide support for the banning of religious clothing in the public sphere does not hold any credibility. While right-wing politicians have attempted to couple the veil together with the oppression of Muslim women, the opposite may be the case.

Muslim women choose to wear certain types of religious clothing, including the veil, for a multitude of reasons. Women will wear a veil to symbolize their devotion to Islam, whereas others will wear one as a symbol of resistance towards those who are attempting to suppress them. It is important to highlight that veils can hold meanings that are not religious, with some veils holding political meanings or others being associated with a location. Because of this, banning the veil in public places is arguably more oppressive, as it limits Muslim women’s right to practice their religion freely. Muslim women across Europe who choose to wear any form of religious clothing should not be limited in their choice. Sadly, it would appear that with the rise of populist political parties across Europe, legislation against the wearing of religious items in public will only become more common.

It could be argued that although there have been a few isolated cases, there is a growing issue of early marriage due to ill informed decisions. Child marriage cases that have come before grassroot organisations and the Quazi courts demonstrate that early marriages between the age of 14 and 17 are arranged by guardians in districts such as Puttalam and Batticaloa.34 Furthermore, in 2015 statistics showed that 22% of Muslim marriage registration in Kattankudy involved a bride below the age of 18.35 This was a substantial increase from 2014 where the statistic was 14%.36 Child marriages also occur in Mattakkuliya, Maradana and in the nation’s capital Colombo. Through focus groups, a study has revealed that it is due to the outlook of society who believes that the value of the girl decreases after they turn 17 years of age. As a result, this has significantly affected the autonomy and independence of many young Muslim girls and women.

An early marriage is highly complex as it does not allow a girl to enjoy their childhood fully, a right to pursue their education at tertiary level, bodily maturity and the ability and capacity to consent to marriage and sexual intercourse freely. Young women and girls who are ​given in marriage​ at a young age are more likely to discontinue their education to pursue the role of ‘housewife’,37 subsequently drastically limiting their educational and economic opportunities. Moreover, this also places young girls and women financially dependent on their husbands or in a financial difficulty if the circumstances of death of husbands, polygamy, divorce or abandonment arises.38 Furthermore, statistics from a 2011 report illustrates that Muslim girls are at a higher risk of teenage pregnancy.39 They are also vulnerable to gender-based violence, including domestic violence and marital rape.40 These issues clearly demonstrates the importance of removing the legal provisions in the MMDA to protect young Musim girls and women.

Child marriages can occur for several reasons such as socio-economic and cultural aspects but the key reason in Sri Lanka is that it could be because it is legal. The MMDA promotes and legalises child marriage, whereas the rest of the State it has not. The leaders in Sri Lanka have not been proactive in eliminating the practice out of the best interests of children under Islamic law. It appears that the current context is that Muslim politicians believe that MMDA reforms should be decided and mandated within the Muslim commnity. Although it is unlikely that there would be a consensus on raising the minimum age of marriage to 18 years and deciding that the State should set the minimum age of marriage for all citizens, it is important that the State recognises and protects the rights of all citizens.

Under international law, Sri Lanka is a party to the Convention on Rights of the Child (CRC) and Convention for Elimination of All forms of Discrimination Against Women (CEDAW) are international human rights instruments that Sri Lanka is a party to. Therefore, the government has an obligation to adhere to global benchmarks on child and women’s rights. The CRC acknowledges that an individual under the age of 18 is a child, this is expressly stated in Article 2 that no child can be treated unfairly on any basis including religion, ethnicity or gender. In addition, Article 19 of the CRC states that children need to be protected from all forms of violence, including physically and mentally. It is clear that CEDAW considers child marriage a harmful practice in which the State needs to seriously needs to reduce and eliminate the issue. Therefore Sri Lanka must ensure that the minimum age of marriage is 18 years for every citizen regardless of religion or ethnicity to protect the next generation and ensure every girl and woman is empowered to be independent and exercise their own autonomy.

The second issue of child marriage under the MMDA is that it does not promote equal autonomy and decision making for the bride. The MMDA does not require bridal consent as a prerequisite for a marriage to be contracted as under the Act the wali of the bride has the right to consent.41 Whereas in circumstances where there is no wali, the Quazi would be required to make an authorisation order of marriage.42Although the GMRO has express provisions for the women to consent and sign official marriages, that is not the case for a Muslim marriage in Sri Lanka where there is no provision for the bride’s signature or thumbprint.43 This demonstrates that the nikah c​ eremony and registration process only requires the signature and declaration of the ​wali of the bride. These provisions clearly demonstrate that the Sahfi’i madhab44 on which the MMDA is framed on, must have the permission of her ​wali ​to marry. Whereas under the ​Hanafi madhab​, women can marry without the approval of her ​wali ​if she marries a person that is legally suitable.45 Regardless, under the MMDA it does not allow the Muslim bride have her own independent decision-making as she would require the consent of the ​wali.

This concept restricts an individual’s autonomy and equal standing in familial matters. The provisions of the MMDA have entrenched the patriarchal notion that a woman’s decision-making should be controlled by a male family member. This notion must change and change will only occur if the law reflects the social changes that have evolved in Sri Lanka. Therefore, the signature and/or thumbprint of all documentation should be by the groom and bride as this would promote equal autonomy and decision-making. It could be argued that human rights specified by United Nations Conventions are rights that all Sri Lankan citizens are entitled to. However, the current social dynamics and conflict between ethnicities would be the barrier for change.

It could be argued that currently Sri Lanka lacks strong leadership and this would be one of the many barriers to a successful reform. The Sri Lankan government have made very little attempt to address the issues related to the MMDA and have demonstrated no concerns of the infringement of women’s rights and the impact the MMDA has on Muslim women and girls.46 The fact that government representatives have placed the responsibility on Muslim leaders and the community to resolve the issue, highlights the State does not prioritise women’s rights, child rights, human rights or violations against women.47 The discriminatory features that are embodied in the MMDA highlight how cultural and religious beliefs are deeply ingrained in legislation. In a country where there are pluralistic religious and ethnic belief, which requires sensitivity in such an environment, the MMDA has not been successful in addressing the issues that young Muslim girls and women are experiencing.48 In addition, Sri Lanka has ignored the pressure to take action from an international level49 which could be further argued how the right wing of Buddhism ideology may be playing its role.

With the upcoming federal election in Sri Lanka and the issues that have occured in the post-war context of Sri Lanka, it is vital that the new President includes Muslim women’s rights in their action plan. Amnesty International has stated that for Sri Lanka to uphold its transitional justice after decades-long civil conflict, the importance that human rights be at the heart of the next presidency is significant.50 Amnesty International has called upon that repealing repressive laws and protecting human rights rights must be addressed. This also highlights that by addressing these issues, it would also achieve women’s equality, protection, social cohesion and achieve a multi-faith and multi-ethnicity society.

In conclusion, girls and womens’ rights must be at the forefront of Sri Lankan leaders to eradicate child marriage and promote female autonomy, equality and independence. Currently, there is a strong right wing ideology of Sinhalese Buddhists in which small organisations and groups are dominating the social arena with hate and false information. Sri Lanka has endured decades of internal conflict and now it is more important than ever that the leaders of Sri Lanka respond to the needs of the people. Sri Lankan Muslim girls and women have advocated for change and want their rights to be acknowledged and upheld. With the current political situation in Sri Lanka, change may not occur but it is vital to bring the community together and uphold social cohesion.

Muslims are individuals that regularly live by or practice Islam, a monotheistic Abrahamic religion. Muslims think about the Quran, their religions blessed book, to be the exact expression of god as uncovered to the Islamic prophet and courier (Muhammad). Islam spread first all through Arabia including encompassing nations and afterward spread over the world. There are 1.2 billion Muslims spread overall remembering 7 million for the United States. Just about 18% of Muslims are Arabs and live in the Middle East. The nations with the most noteworthy Muslim populaces are Indonesia and India. The Muslims have six key convictions being:

• Belief in their god (Allah)
• Belief of heavenly attendants
• Belief in the heavenly books sent to every one of the prophets
• Belief in every one of the prophets sent by Allah
• Belief in the day of judgment and eternal life.
• Belief in god is almighty and nothing can occur without his authorization

The five mainstays of Islam are five guidelines they should pursue which incorporates:

• confiding in an understanding the expressions of the shahadah (which means there is no other god with the exception of theirs)
• Praying 5 times each day, bowing towards mecca
• Fasting in the time of ramadan, which implies not eating or drinking when the sun is out, just when the moon is available
• Giving cash to philanthropy
• hajj which is the adventure to mecca

Since we have a comprehension of the religion and their convictions for a superior understanding and point of view of what they do, we can proceed onward to the dressing and apparel. Alongside this religion comes convictions and practices for them to pursue, a vast lion’s share of it is the manner in which they look. The conventional Islamic dress is a hijab which is the head covering worn by numerous Muslim ladies. Customarily, it is square shape collapsed into a triangle, yet in addition can be a rectangular shape. To wear this piece you initially unite the two corners and connect it any path to the neck you wish, this could be stick/hitch/wrap e.t.c, there is additionally a Niqab which is a cloak worn to cover the face. There are explanations for their dress decisions, these are the instances of a wide range of outfits that are worn:

For some elective young ladies, the hijab has become a method for protection from models of female excellence that request a great deal of presentation. Advocates of this view contend that taking off dress to assist the male look doesn’t rise to freedom.

As indicated by analysts, ladies in hijabs note that businesses should act with them upheld their capabilities rather than their look which, in this manner, the hijab makes everything fair. In Western nations, nonetheless, young ladies understand that brandishing a cloak makes it progressively sturdy to actuate utilized.

At long last, for a couple of young ladies, the hijab is an accommodation. It will curtail remarks from others with respect to ladies going into open and decrease episodes of provocation headed straight toward their work.

Instances of hijab-wearing young ladies inside the administration, as of late appointive official Ilhan Omar, or competitors like Olympian contender Ibtihaj Muhammad, could encourage disperse these generalizations.

The hijab is a cloak worn by some Muslim ladies among the nearness of any male outside of their close family, which for the most part covers the head and chest. The term can allude to any head, face, or body covering worn by Muslim ladies that fits in with Islamic benchmarks of unobtrusiveness. Hijab can likewise allude to the disengagement of ladies from men in the open circle, or it might mean a magical measurement, for instance, alluding to the cover that isolates a man or the world from God.

Issues of identity, independence, acceptance by society, and practice of faith are not new to women. Add faith to the mix and it becomes an even more complicated subject. This paper examines the main arguments by Jasmin Zine in ‘Honour and Identity: An Ethnographic Account of Muslim Girls in a Canadian Islamic School’ and Anaya Mcmurray in ‘Can Black Muslim Women Be Down with Hip-Hop.’

Both women critically evaluate the double standards that Muslim women face with respect to their male counterparts in their respective communities. Their main arguments along with the rationale for these contentions are described. Moreover, the concerns of these two authors regarding the effects of these double standards on young Muslim women are presented. In doing so, this paper argues in favor of these authors’ stance by presenting an actual case study.

In her essay, Zine investigates how young Muslim females formulate notions of religious and gender identity within (and often against) the prevailing patriarchal discourses within Islamic schools in Canada. Based on her fieldwork examining Muslim female students within the realms of these gender-based Islamic schools, Zine observes obvious frustration from the students as they feel identities and self-expression oppressed by the strict regulations of these institutions. As she notes, these young female students and even their female educators are fully conscious of the disparity of their status as women within these academic structures (Zine, 2008, p. 57). Despite the efforts by Islamic schools to facilitate equal academic opportunities to both female and male students, their restricting gender-based structures and practices, especially towards the female students, makes them a powerful contributing factor in promoting gender inequality and Islamophobia in Canada.

For these young girls, independence necessitates resisting the prevailing so-called religiously ‘appropriate’ dialogues within sectors of the Muslim community (Zine, 2008, p. 57). For instance, Zine shares anecdotes of young Muslim women who have experienced repressing and constricting exchanges with their educators. In an effort to supervise their social behaviors in and out of the school, their actions are carefully examined, scrutinized and critically reprimanded in order to ensure they align with the teachings of these institutions and don’t degrade the respect of the family and the community at large. Bearing this immense social burden of having to constantly appease their families, school and the Muslim community, these young girls have to articulate their self-worth and seek equal footing while maintaining their Muslim identities. Accounts of young Muslim women interviewed by Zine speak to their inclination and desire to fight the stereotypical victim-centered and repressed images of Muslim women as portrayed in the mainstream media. They seek to take control of their identities and lives while maintaining their participation and devotion to their faith – like their male counterparts.

A CNN article by Gianluca Mezzofiore in 2018 discussed several reports of Muslim women, who came out with their experiences about sexual abuse during pilgrim. “Hundreds of thousands of Muslim women descend on Mecca in Saudi Arabia each year to take part in the Hajj, but in recent weeks some female worshipers have told CNN they experienced incidents of sexual abuse or harassment while participating in the five-day pilgrimage.”(Mezzofiore,2018) When these women reported these events to security, they were silenced because such heinous acts are simply considered impossible especially in a holy place. Even though these women were dressed in an appropriate manner and veiled completely, it didn’t stop the abuse from taking place. As discussed by the students in Zine’s study, men are never reprimanded for their actions and therefore feel entitled to holding superiority complex.

The challenges that Muslim women face stretches about cultural spaces. In her essay, Anaya McMurray argues that despite their contribution to the culture of hip-hop, Muslim women are hardly ever talked about in this creative space. McMurray points to a select group of Muslim women including Eve and Erykah Badu and herself for having contributed the hip-hop generation by infusing hip-hop culture and Islamic faith in their music. In spite of their creative accomplishments, their work is either marginalized and/or misrepresents the experiences of Black Islamic women. She attributes factors such as the popular images of Islamic women as portrayed in the mainstream media, the cultural norms regulating the Islamic values, and the gender-based stereotypical biases in the music industry all add to the this under and misrepresentation of the Black Islamic women (McMurray, 2008, p. 86). McMurray comparison of her own image and that of Eve and Erykah Badu with the popular images of Islamic women clearly paint stark differences. Islamic women are generally portrayed in the mass media as covered and conservative Middle Eastern women.

There is simply not enough representation of the true faces and facets of Muslim women let along their professional accomplishments or creative feats. Similar, McMurray argues that Christian domination of how the black religion is portrayed in mass media and black culture plays a huge role in repressing the voices of the Black Islamic women (McMurray, 2008, p. 86-87). For instance, two major’s television networks, TV One, and Black Entertainment Television, that should be representing the culture of African American primarily focus on the culture of Black Christians ignoring non-Christian religious representations. Additionally, McMurray notes that unlike the black female Muslim hip-hop artists, black male Muslim hip-hop artists have managed to create their own identity within this music space pointing to the gender-based biases and double standards that exist even within hip-hop culture (McMurray, 2008, p. 88)

To sum up, regardless of their culture or socio-economic backgrounds, Muslim women still face gender-based biases and double standards as shown in two different settings, the patriarchal Islamic educational system and in the entertainment industry. The consequences of these double standards on young Muslim women are damaging and necessitate a healthy dialogue by the Muslim and non-Muslim communities to fight the prevailing negative stereotypes and misconceptions about women in Islam and the religion itself.

Today in American culture it is apparent some people have antagonistic thoughts and view of Islam and Muslims. Hate crimes against Muslims have scaled in the United States, prompting the presentation of the term ‘Islamophobia’ into the ordinary vocabulary of Americans. Today in American society we can see that American Muslim women are battling to address the generalizations and misguided judgments related with the role of women in Islam. Muslim women involve a wide assortment of positions in American life like medicinal specialists, engineers, legal counselors, scientists… Etc. “Some are immigrants, from nations extending from sub-Saharan Africa to Indonesia, while many others are American-conceived; some American Muslim women were brought up in Muslim homes, while others held onto Islam. Some Muslim women use to cover their head just during praying; other use to wear the hijab; still others may cover their head with a turban or an inexactly hung scarf” (Curtis, Edward: 2009). In the book “Do Muslim women need saving? Lila Abu-Lughod is an American Anthropologist; investigates how the worldview of sparing Muslim women from what she has named ‘Islamland’ has picked up force especially in the fallout of 9/11. Her main argument focusing on the problem that Muslim women are facing. She illustrated that the issues of Muslim women gendered inequality not leaning on their religion only. It also, related to poverty, the miserable life they are living in, and the worldwide interconnections that embroil the West to increasingly definitive. The impulse for composing her book rose mainly from interviewing a decent variety of Muslim women. In this way, Abu-Lughod means to deconstruct well-known characteristics of Muslim ladies through a procedure of ‘composing against culture’, by which she attempts to bring powers and impacts other than culture to the fore. The talk of feminism serves to establish out why women specifically face many mistreatments. It feels shock when women are given rights, these alleged ‘rights’ are still uncomparable to the privileges of their male partners (Abu-Lughod: 2013). Therefore, this paper will explore the mistreatment that Muslim women faced through their religion, by looking at scholarly articles and how scholars conceptualize the misunderstanding of Muslim women. Moreover, I will analyze the separation among Islam and the laws that present today.

Abu-Lughod stated, “gendered orientalism has taken on a new life and new forms in our feminist twenty-first century” (Abu-Lughod: 201: 2013). Put differently this means that gendered orientalism has taken a new shape of conceptualizing the present form of feminist. More in depth, looking at the chapter, three “Authorizing moral crusades” Abu Lughod features how the most fundamental states of these women’s lives are set by political powers that are frequently worldwide in beginning regardless of whether they are adjacent in fact. She stated.“people around the world must learn how to be just and to measure up in a universal metric of humanity that is defined, in part, by aspirations for gender equality and women’s freedom” (Abu-Lughod: 81: 2013). In these terms of what seems to be ‘tradition’ it further cause to be a conflict, war, and political change. For instance, in the case of Afghanistan Lila Abu-Lughod argues, “if by liberation one means freeing women from a culture based on the importance of family and religion. In Afghanistan, as in many Muslim societies, there is a clear separation between the women’s world, which is most often focused on the family and household, and the more public role assumed by men” (Abu-Lughod: 208: 2013). This demonstrates the ideas of abuse, decision and opportunity are heavy handed instruments for catching the elements and nature of Muslim women’s lives in these countries.

In addition, Abu-Lughod examinate the legislative issues and the morals of the universal flow of talks about ‘the persecuted Muslim women’. She discussed the example of debating about women wearing the veil and how society view these women. She states; “western perspective seems ethnocentric as a result. The meaning of burqa was complicated in Afghanistan by its extension under Taliban rule to all women living in multi-ethnic Afghanistan, despite its original use only by Pashtuns. Some Afghan women may have adopted its religious meaning.It’s not surprising that many women, motivated by its usual significance, continued to wear” (Abu-Lughod: 208: 2013). This means that in terms of critique the Muslim women wearing the veil, Western argues that women don’t wear the veil by their own decision, and they are frequently forced to cover their heads and bodies. Interestingly, many Muslim women migrants in the West argue the cover symbolizes commitment and devotion and that veiling is their own decision. To them it is a representation of strict personality and self-articulation. Looking at the Western argument, we can see that not only people who live in the United States mistreated the idea of Muslim women wearing the hijab but also in other countries like France and other European countries. For example, arguing over France banning Muslim women of wearing veils. As France’s new law “prohibiting face veil became effective on April 11th, 2011, in excess of twenty veiled ladies and many others have been arrested in protest” (Susie of Arabian: 2011). Looking at the debate “Banning of face veils’burqa – niqab’, Mona Eltahawy and Hebah Ahmed both Muslim women, debate France’s decision to ban face veils (niqab) in public. Each one of them has a different point of view toward the banning law. “Hebah Ahmed‘wearing Niqab’ is a writer for the blog Muslim matters who’s against the ban law. Mona Eltahawy a columnist on Arab and Muslim issues who wants to see the ban extended everywhere” (Eliot Spitered, CNN: May 15, 2015). Mona believes Muslim women are not allowing do dress the niqab or veil in public, she stated, “as a Muslim woman this represents an ideas that does not believe in Muslim women rights to do any thing but to choose to cover her face … she believes niqab dangerously equates piety with the disappearance of women. Therefore, she supports banning it everywhere because it’s not an obligation for Muslim women to cover her face. She also believes the human face is central to communication” (Elthaway: 2012). Hebah respond to what Mona believes by saying “banning is a bad idea because I think it’s another example of men informing women how to dress, how to live their life, it’s another way to try to control women. Take this to a government level and try legislating the way that women dresses is not just wrong and against human rights but it really violates the whole basis that the democratic democracy and democratic countries are based on this is a free choice… She disagrees it’s some rights ideology. It is something that permitted in Islam” (Hebah: 2012). Through this debate we can see Mona with a misshaped feeling of reality attempt to constrain her closely held convictions all around the world, and it is extraordinary to see she is totally overwhelmed by a woman wearing a niqab. Also, Hebah Ahmed dispels every last bit of her arguments, in addition she raises some significant focuses that plainly make her in a stronger position to go forward with the issue. Mona perspective is Muslim women should not cover their face in terms of identity protection, and she believes that women who are wearing the niqab are forced by their men to wear it. While Hebah believe that wearing the niqab is something that women have the freedom to choose to wear or not. She believes all women who wear the niqab are unforced to wear it. Therefore, in terms of somebody doesn’t accept it that does not mean there should be a law to prevent these women of wearing it and violate people’s freedom of expression and freedom of religion.

In addition, connecting this with what Abu-Lughod concluded; she stated.“instead of saving Afghan women from their own cultural customs and values, Western feminists should concentrate their efforts on helping to promote justice to women’s lives by preventing war and increasing education and freedom of want” (Abu-Lughod: 209: 2013). In other words this demonstrates the idea of protecting Muslim women rights. Regardless to the countries that pass ban niqab, I think that these counties guarantee freedom of expression, freedom of speech and freedom of religion. Therefore, in one hand I do not support the idea of controlling the Muslim women, and think there should be a law that protect Muslim identities instead of putting them under control and ban their freedom. On the other hand, I understand that wearing a niqab can sometimes be a security issue and the privilege of a resident is to see each other’s faces especially if it related to security like in the airport, bank… Etc. This is something that most of the Muslim women who’re wearing the niqab understood and they always is welling to show their faces anytime they ask to do, if they needed to show their identities.

Despite the event 9/11 attack we can see that Muslim women who are wearing hijab are the most people that are facing discrimination and violence. According to “discrimination against Muslim women fact sheet”, “Muslim women who wear hijab face particular exposure to discrimination and have increasingly been targets for harassment in the aftermath of September 11. While it is difficult to gain accurate statistics about discriminatory incidents, reported instances of discrimination appear to be on the rise” (ACLU). This means that discrimination against Muslim women who are wearing the hijab had increased after 9/11. Proving this with some statistics by looking at Council on American Islamic Relations it shows that “Civil rights complaints filed with one Muslim advocacy group rose from 366 in 2000 to 2,467 in 2006, an increase of 674%.”Also, the same group reported that“in 2006, there were 154 cases of discrimination or harassment in which a Muslim woman’s head covering was identified as the factor that triggered the incident. The most common complaint in these cases was being prohibited from wearing a head covering, which accounted for 44 incidents” (CAIR: 2006). This shows that 9/11 crystallized the picture of Muslims as terrorists, turning into the focal picture of Muslims women in American society and bringing forth Islamophobia. Another statistics shows that Muslim women who wear the hijab are more likely to face discrimination than the Muslims that are not wearing the hijab“69% of women who wore hijab reported at least one incident of discrimination compared to 29% of women who did not wear hijab” (Alyssa E. Rippy: Elana Newman: 2007).

Muslim women’s lives through the structure of rights as fortifying generalizations. Abu-Lughod does not clearly analyze the media perception toward Muslim women but her assertion with the lives of individual ladies she has known as an approach to influence through the homogenized classification the Muslim women. She states.“intimate familiarity with individuals anywhere makes it hard to be satisfied with sweeping generalizations about cultures, religions or regions” (Abu-Lughod: 17: 2013). She tries saying it is hard to satisfy the stereotypes against muslim women, is it becasue of the culture or religion believes. In addition, Muslim women in America today perceive many oppression against their religion, this because people in America do not see Islam and Muslim as part of the society. Looking at the Findings from Pew Research Center’s 2017 survey of U.S. Muslims “half of Muslim Americans says it has become harder to be Muslim in the U.S. in recent years. And 48% say they have experienced at least one incident of discrimination in the past 12 months.” “And while Muslims say they face a variety of challenges and obstacles in the U.S., this too is nothing new. The share of U.S. Muslims who say it is getting harder to be a Muslim in America has hovered around 50% over the past 10 years. Over the same period, half or more of Muslims have consistently said that U.S. media coverage of Muslims is unfair.” (Pew Research: 2017). This shows that the Muslim populace in the U.S. is developing and exceptionally differing, make up to a great extent however, they all live in fear and feel that they are not welcome into this country.

Consequently, returning to the question of title “does Muslim women need saving?” Abu-Lughod work expects to put culture and sexual orientation in a more extensive financial setting. She demonstrated the role of class over culture in encircling impression of Muslim women. She talked about essential points that indicates how women’s liberation in the Muslim world and even political resistance to Islamists qre being unreasonably rejected on the off chance that they can just related with the West. Therefore, it is very significant to figure out ways that can protect these women identities, they should have their right to do whatever they want. We can not judge them about what they should/not wear. Moreover, the book gives a lavishly prove and simple to peruse deconstruction of oversimplified culturalist clarifications of any marvels which relate to Muslim women in the entirety of their assorted variety. Abu-Lughod speaks to a valuable explanatory to investigate contemporary claims about the encounters of the Muslim and Other women in the world. In addition, she explored different perspectives of muslim women from different countries. She emphasized the significance of recognizing Muslim women’s, instead of diminishing them to emblematic elements rendered weakly imperceptible by their hijabs or niqabs. This view stands out unequivocally from many contemporary frames of mind in regards to the condition of women in Muslim group, and in this sense speaks to an invigorating counter-culture point of view.

References

1. AbdelAzim, M. (2016, March 13). Saving Muslim Women. The Cairo Review Global Affairs. Retrieved November 6, 2019, from https://www.thecairoreview.com/midan/saving-muslim-women/.
2. Alyssa, R. E., & Elana , N. (2007, February 24). Perceived Religious Discrimination and its Relationship to Anxiety and Paranoia Among Muslim Americans. Retrieved November 6, 2019, from https://www.tandfonline.com/doi/citedby/10.1080/15564900600654351?scroll=top≠edAccess=true&.
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INTRODUCTION

This point chiefly bases on the issues of Muslim ladies in India which is looked by them in the midst of the demonstration of TrippleTalq. We overall understand that TrippleTalq was a kind of division in Islamic religion. A division is a legal movement b/w married people to end their wedding relationship before the downfall of either life accomplice or it can similarly implied as breaking down of wedding. The Talq is an Arabic word in Muslim laws which infers opportunity from the enslavement of wedding by the buddy. TrippleTalq was the principle practice under which a Muslim man can division his life partner by simply articulating ‘Talq’ on numerous occasions. All things considered, Muslim men have segment their companions by issuing the trippleTalq by letter, telephone, SMS, Skype, Watsapp, etc. Basically, TrippleTalq closes marital status of the couple immediately. Likewise, it was against the benefits of Muslim ladies. In Islam, SHIA and SUNNI Muslims have interchange perspectives and measures for performing division. There were various cases of TrippleTalq in, for instance, Shah Bano Case, Shayara Bano Case and Ishrat Jahan Case. There are a couple of reasons which shows that TrippleTalq has encroached the Fundamental Rights of Muslim ladies. The legitimate official in India has watched the terrible structure done to the women in the issues of various individual laws. It has been voicing its stress through different choices showing the need consistency in near and dear issues of the extensive number of locals.

TrippleTalaaq in India

In Islam, there were confined rules for parcel for the two individuals under the terms and conditions of Islamic law.According to Islamic religion, when a man venture up to the plate in a division, the technique is called Talq. Additionally, when a woman has ventured up for a parcel it is called khula.SHIA and SUNNI Muslims have exchange perspectives and norms for performing separation.

• SUNNI’s while practicing segment need not to have any eyewitnesses and empowers the existence accomplice to end their wedding relationship by saying the one, two or trippleTalq.
• SHIA’s when practice Talq they requires two eyewitnesses, which is moreover trailed by holding up period (iddah) to decide the issues b/w the couples with the help of their relatives and if the couple split the holding up period the segment is voided.

Differing kinds of Talq in India

Talq-ul-Sunnat-this sort of Talq is practiced by the existence accomplice and there must be multi month holding up period which is known as Idaat in Islam.

Talq-e-Bidaat as indicated by this sort of Talq, in the occasion that mate expresses Talq sequential on various occasions, by then parcel become rapidly autonomous of idaat.

Nikah-Halala-Under this kind of parcel, in case a separation woman needs to again remarry with her pervious life accomplice, by then she needs to seek after a couple of stages. In the first place, she ought to get hitched with someone else. By then make that wedding faultless and later on get a segment from that life accomplice. After this, by then just she is met all requirements to get marry to her first mate.

KHULA-Last structure is khula. Through this system a woman can offer separation to her mate in Islam through lawful announcement or shared consent.

FIGHT AGAINST TRIPPLETALAAQ IN INDIA

There were various occasions of TrippleTalq in India, for instance,

Shah Bano Case-this was one of the achievement judgment in the legal history and battle started from this case for the protection of Muslim ladies Rights. She mentioned budgetary help for her five youths. This case also gave the affirmation to muslimladies’ case for treatment with equalization and respectability.

Shayara Bano Case-her life accomplice gave her Talq in 2015. After that she went to Supreme Court and mentioned the value. Shayara bano mentioned the cancelation of routine with respect to trippleTalq. So Supreme Court reported Talq-e-bidaat, polygamy and nikah-halala unlawful and illegal.

Ishrat Jahan Case-she was separation by her mate on the telephone. She referenced for the consideration of her adolescents and mentioned upkeep for their lives. As demonstrated by Ishrat, the way in which she got Talq is particularly bothered and not as indicated by the Islamic laws.

Like these cases there were various cases of Muslim ladies. A few Muslim ladies who have been disconnected on telephone, through letters and even strategies for Watsapp had battled that the preparation was ‘unlawful’ and addressed the best court to end it.

Reasons which shows that TrippleTalq has suppressed the rights of the Women

1. Practicing of trippleTalq has been used as an instrument to get share despite the way in which that the Holy book Quran does not interface with settlements.
2. In this manner after Talq women are left and are not given help and are surrendered completely.
3. In a wide bit of the cases trippleTalq is verbalized without his significant other which is absolutely self-self-assured and irrational. In light of which companion get minute parcel in her nonattendance with no genuine reason.
4. In few cases, the segment women are not permitted to see or associate with their children, neither show mind nor sympathy towards them. For a circumstance, the separation Muslim woman was not allowed to have telephonic chat with her children.
5. Essentially half of the Muslim ladies are denied mehr at the season of wedding. The likelihood of mehr has been passed on with a specific genuine target to confirm and ensure the vitality of married women, if they are ever dismissed. Denying mehr places them in a revealed and exposed condition.
6. Explicitly cases, the man is under the inclination that he has master that he can marry some one of a kind women if he wishes to do as necessities be, by basically giving minute Talq to his present mate.
7. Everything considered women have reported that with a particular outrageous focus to get re-married they have been affected an enthusiasm to perception to halala by their life associate.

LAWFUL RESPONSE

• The Supreme Court of India on 22 August, 2017 limited TrippleTalq or minute division practices by various Muslim social order saying it is illicit.
• The SC of India in Shayara Bano versus relationship of India and others declared the unlawful by 3:2 bigger parts.
• The judgment was passed on by five judge’s seat.
• Justice Kurian Joseph, Justice UU Lalit, Justice RF Nariman, Justice Abdul Nazeer and Chief Justice Khehar Singh.
• Justice Nariman and Justice Lalit set trippleTalq as unlawful, Justice Joseph set it aside on the ground of that it is against the exercises of Quran.
• While Chief Justice Khehar Singh and Justice Abdul Nazeer were pleasant to putting on hold for a half year the demonstration of trippleTalq and solicitation that organization turn out with a law in such way.

UNIFORM CIVIL CODE

The UCC in India proposes to override the individual laws in light of the sanctified pieces and shows of each essential religious assembling in India with a run of the mill set managing each occupant. These laws are seen from open law and spread wedding, legacy, arrangement, segment and upkeep. Uniform Civil code is respected as article 44, as a component of the Directive principles of States course of action, in the Indian Constitution.

Uniform Civil Code-Gender Justice

The Indian Courts have again and again made confirmations with regards to the necessity for having a run of the mill regular code for the whole of India. It has been strikingly observed that notwithstanding following a significant extended period of time of the coming in of the Indian Constitution, the game plans respected under Article 44 have not yet been brought energetically. This concentrations towards the failure of the State to realize a noteworthy Directive Principle of State technique.

In the praised case of Mohammad Ahmed Khan v. Shah Bano Begum (routinely known as Shah Bano’s case) a Muslim ladies, who was left unmaintained by her life accomplice who gotten a second wedding, ensured for help under portion 125 of Code of Criminal Procedure. As indicated by the Muslim individual laws, a woman was met all requirements for help simply up to the idaat period. The Court held that it was a standard piece of institution and even a Muslim woman could be fit the bill to help the identical. Regarding the Uniform Civil Code, the Supreme Court saw that, it is moreover a matter of disillusionment that Article 44 of our Constitution has remained a dead letter. In light of the decision of Supreme Court, unprecedented stun was showed up by the Muslim social order, inferable from which the central Government was obliged to set up the Muslim ladies’ (Protection of rights on Separation) Act 1986, which explicitly blocked perfect from guaranteeing backing to Muslim ladies under Section 125 of the Code of Criminal Procedure and made the mate in danger for upkeep simply up to the season of idaat. This highlights the way that women’s rights hold less importance despite for the basic territory of India. It was the individual laws which were allowed to beat a typical piece of authorization and finally undermined women’s rights.

CURRENT STATUS OF TRIPPLETALQ

• In 2017, SC of India announced the practiced of trippleTalq as unlawful and put some legitimate approvals against it. Of course, for all intents and purposes half of the Muslim ladies are uneducated due to which they were so far oblivious about their rights and the changed circumstance. By virtue of nonattendance of instruction they don’t have the foggiest thought what should do in their life.
• Supreme Court nullified the Talq-ul-bidaatby giving real choice on it and it can’t impact the wedding in any way. Along these lines, Wife can’t be constrained to encounter the Nikah-halala paying little mind to whether the trippleTalq given by her mate.
• Practice of trippleTalq in Islam is very old and it is difficult to in a brief moment crash. In such way, there is a need to offer preparing among muslim ladies so they can take speak to themselves and fight against such underhandedness practices.
• Landmark choice given by SC declared only a solitary sort of Talq i.e Talq-ul-bidaatunconstitutional rest of the structures not negated by the court. So it suggests others kinds of Talq can impact the mariage of muslim couple.
• There must be stoppage on various practices like polygamy, Talq-e-sunnat, khula and minors wedding. By then simply muslim ladies live energetically and benefit as much as possible from their rights totally.

CONCLUSION

TrippleTalq was found discourteous practice which impact the weddings and benefits of muslim ladies. Various Talq cases confronted by the SC and judges articulated it unlawful and illicit to ensure welfare of muslim ladies. One sort of Talq is repealed and diverse structures still cleaned which really impact the weddings of muslim couple.