Men, women and the links that bind them

Two major religious books, namely, The Holy Quran and The Bible, confirm that the conjugality of man and woman and the process of human procreation set in following the great union of Adam and Eve. Later, as societies evolved and governments grew, union between man and woman was formalised through laws and social conventions. Most Muslim societies pursue the dictates of the Holy Quran.
Bibaho O Bichhed, which inquires into the sources of Islamic laws on marriage and divorce, is the Bangla version of Marriage and Divorce originally written by Nik Noriani Nik Badli Shah, a Malaysian scholar in comparative laws. It exposes the principles of rationalizing man-woman relations through mutual consent and exercise of the natural rights of women. The book cites elaborately as many as 42 legal cases which help us in interpreting the Islamic concepts and laws in their true perspective.
Comprised of six chapters, the book is rich in Quranic references. Chapter I traces briefly the evolution of Islamic laws, Islamic jurisprudence, origin of Shariah, Ijtihad, Ijma, and seeks to posit that Islamic laws are timeless and therefore require no revision. The author claims that people with little education suffer from confusion which in turn infects common people. The status of women has been first ascribed in the Holy Quran which supercedes all customs and conventions that practically lowered the position of woman. Surah An-Nur declares through Ayat 24; 26:
"Bad statements are for bad people (or bad women for bad men) and bad people for bad statements (or bad men for bad women). Good statements or for good peoples (or good women for good men) and Good people for Good statements (or good men for good women)" The author laments that despite all the directives in the Holy Quran, no significant impact is visible as yet in providing due status to Muslim women.
This chapter also refers to the western perception about woman's position in society. It also refers to the Chinese and Hindu conception of women's position as both once used to base their social system on patriarchy. Genesis 3:6 portrayed women as satans in female form whereas the New Testament avers that Adam was not deceived; rather woman was deceived, and later he became a sinner (1 Timothy 2)
Chapter II begins with reference to Ibn Rushd's Bidayat al-Mujtahid where he mentions the conflict between Sunnis and Hanafis concerning the guardianship necessary to solemnise wedding between man and woman. This tension arises because, as the author says, neither the Holy Quran nor the Hadith clearly prescribes any principle about the guardianship of someone as a precondition to marriage
This chapter is replete with judicial references which repudiate the due statues of women and significance of their consent in formalising matrimony. The author refers to a Nigerian case in which a Muslim girl resorted to judicial action against her father who had given her in marriage without her consent to one of three selected youths. The court declared the marriage invalid and allowed the girl to marry a man of her choice. The value of the bride's consent has been focused in Ayat no. 2:232 ---" And when you have divorced women and they have fulfilled the terms of their prescribed period do not prevent them from marrying their (former) husbands, if they mutually agree on reasonable basis."
Chapter III discusses issues regarding polygamy of men. Polygamy is often equated with Islam and disbelievers cite cases of polygamy as examples of male chauvinism in Islam and subordination of females by males. The fact is that Islam has never given any licence to males to practise polygamy. Indirect restriction to polygamy has been enunciated in Ayat no. 4:3 of Surah Nisa: "And if you fear that you shall not be able to deal justly with the orphan-girls than marry (other) women of your choices, two or three, or four; but if you fear that you shall not be able to deal justly (with them), then only one or (the slaves) that you right hands possess. That is nearer to prevent you from doing injustice". It is practically not possible for men to ensure justice and equality in having several women as wives concurrently. The Prophet spent 25 years of wedded life with Khadija (R.) and married, as the author reports, a few divorced women (except Aisha (R)) on the ground of politics and communal harmony. Many Muslim countries, including Pakistan, Malaysia and Indonesia have either prohibited or controlled he practice of polygamy.
In Chapter IV, the writer discusses the rights of women to divorce men. It clarifies that both men and women have right to divorce their partners when any of the provisions of "Kabinnama" is violated; in other words, violation of the provisions of "Kabinnama" offers sufficient grounds to institute cases of divorce. Surah Al-Maidah (561) has hinted at the compulsion of complying in letter and spirit the commitment declared by the wedded partners in the Kabinnama.
Chapter V relates to the financial provisions of post-divorce condition. Surah Al-Baqura Ayat 2:236 and 2:237 and Ayat no 33:49 of Surah Al-Ahjab ensure the financial security of women and when they will be divorced by their husbands. Laws enacted in Malaysia, Jordan, Syria, Egypt permit women to institute cases against men who divorce their rives new lawfully.
The last chapter unfolds the grounds on the reforms initialled by governments of different Muslim countries in the light of the Holy Quran and the Hadith. It is a recapitulation of what has been discussed in earlier chapters. It asserts that whatever anti women customs or practices have been in vogue in the Eastern and western hemispheres are not due to the Holy Quran and the Sunnah but because of the myths created by men-in-power to serve their our parochial purposes. The Holy Quran will remain as the original and perennial source of guidance to law-makers to rationalise relations between males and females towards building a harmonious society.
The references to judicial and non-judicial cases will act as sources of guidance not only to men and women but also to legal practitioners and opinion leaders. Through this publication, interested readers will obtain list of the statutes and statutory instruments of countries like Malaysia, Algeria, Egypt, India, Indonesia, Iran, Iraq, Jordan, Morocco, Pakistan, Singapore, Syria, Tunisia, The UK, and the US.

Syed Naquib Muslim, PhD, is a secretary to the government and a freelancer.