This long article is written by Mukesh Shukla, LL.M. (Law), Department of Law, M.A., (Criminology and Criminal Justice Administration), Department of Social Work, Faculty of (MSW), Lucknow University of Lucknow, Lucknow, Uttar Pradesh, India.
Abstract
Gender equality under Islamic law in India represents a complex intersection of religion, personal law, and constitutional principles. Muslim personal law, primarily governed by the Shariat Act of 1937 and the Dissolution of Muslim Marriages Act of 1939, regulates matters such as marriage, divorce, maintenance, inheritance, and guardianship. While rooted in religious traditions, these laws have often been criticized for perpetuating patriarchal practices that restrict women’s rights. Practices such as polygamy, unilateral divorce (talaq), unequal inheritance, and child marriage have raised serious questions about justice and equality for Muslim women.
At the same time, Islamic teachings, in their essence, emphasize fairness, dignity, and respect for both men and women. The challenge arises when cultural traditions and narrow interpretations overshadow these principles, creating inequalities that contradict the spirit of Islam itself. Indian courts have played a pivotal role in addressing this imbalance, delivering landmark judgments on maintenance, custody, divorce, and women’s autonomy. These judicial interventions attempt to harmonize personal law with constitutional guarantees under Articles 14, 15, and 21, which ensure equality, non-discrimination, and dignity for all citizens.
The broader debate also includes the contentious issue of the Uniform Civil Code, which seeks to unify personal laws across religions while balancing community rights with individual freedoms. In this context, gender justice under Islamic law is not only a legal question but also a social, cultural, and constitutional challenge. It calls for sensitive reforms that protect religious identity while ensuring women’s rights and equality remain at the forefront of justice.
Key words: Gender Justice, Islamic Law, Muslim Personal Law, Women’s Rights, Equality under Constitution, Judicial Interpretation
