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Economic and Political Weekly

Status of Muslim Women


Author(s): Asghar Ali Engineer
Source: Economic and Political Weekly, Vol. 29, No. 6 (Feb. 5, 1994), pp. 297-300
Published by: Economic and Political Weekly
Stable URL: http://www.jstor.org/stable/4400757
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PERSPECTIVES
western countries ordination for women
Status of Muslim Women remains an unresolved issue. Recently the
Anglican Church was vertically divided
Asghar Ali Engineer on this issue. Though the Churchapproved
of women's ordination by a wafer-thin
All religions have accorded women an inferior status and relegated majority, it left a great deal of bitterness
them to a secondary position. This is true of Islam as well. However, among those opposed the measure. The
Catholic Churchhas still not allowed ordi-
religion itself is the end-productof patriarchal society and unless these nation of women. Only some Protestant
basic societal values change women will continue to sufferfrom a churches have approved of it.
situation where religion and patriarchlalsociety are in alliance.
QUESTIONSOF IDENTITY

IN a male-dominated society women have (i e 4:34 and 33:35) it will be seen that the Social change is bound to meet with
to face numerous problems both specific Quranhad not been unfair to her status and great resistance in India where functional
to their-religious group and specific to yet we see that the Islamic shari'ah, literacy is so poor, let alone advanced
their sex. All religions have accorded formulated by the great inmams(be it education -among substantial proportions
women inferior status and relegated them Abu Hanifa, Hanbal, Malik or Shafa'i) of population. Traditions are still very
to a secondary position. In my opinion it is under the influence of the patriarchalval- strong. Take child marriage, for example.
not religion but patriarchy wlhich is the ues, assigned women a much inferior po- The state of Rajasthan is notorious for it.
real culprit. Religion per se cannot be sition than what was intended by Allah in Every year. thousands of child marriages
blamed for assigning inferior status to the Quran.However, one can hardlyblame take place despite a law to the contrary and
woman. Religion itself is the end product the four imams (and other Shi'i and exposure in the media. Recently when a
of patriarchalsociety andso is male-domi- Isma'ili theologians) forwhat they thought 'sathin' (a female health worker) in
nation. So unless patriarchal values and about women's status. In the society they Rajasthan objected child marriage in her
patriarchalstructures are dispensed with, lived in, with all their fairness and hon- village she was brutally assaulted and
male attitudes towards women will con- esty, they could have hardly thought raped by the village notables and despite a
tinue to be one of domination. otherwise. great deal of effort by many women's
Even the communist system failed to do But what is sad is that the theologians organisations, the culprits could not even
away with patriarchy. Women in Russia and 'faqihs' (the jurists) are not ready to be arrested, let alone be punished. Even
could never achieve equal status with men. rethink women' s issues even today. Islam the campaign in the media did not succeed
Even wife-beating continued there though and its Prophet have provided the Mus- in this respect.
women did get those jobs which were out lims with a dynamic and revolutionary A few years ago Rajasthan was dogged
of bounds for them in other countries. But principle of 'ijtihad' (creative interpreta- with controversy about a woman, Roop
that may have been more because of short- tion) so that they can, in the true spirit of Kanwar, who was compelled to commit
age of male population than because of Islamic values, rethink many issues in sati. Not only was the act of sati justified,
communist ideology. Unless we success- view of the changed context. But I am not it became a question of prestige and
fully fight the patriarchalvalues we can- persuaded that the rigidity of theological identity for Raiputs. Rajput youth came
not get rid of male-domination. It would attitudes is applicable only to Muslim out with sworcds to guard the place of
be in order to give an example from the theologians and jurists; it is true of the sati. Roop Kanwar's in-laws were arrested
Propbet's time to illustrate tlhis. The whole tribe of theologians, whatever but later released on bail. The upsurge
Prophet of Islam was very favourably in- religion they belong to. However, differ- of religious revival has created additi-
clined to bring about improvement in ence in degree and context must be onal problemn for women fighting for
women's status, even give her equality, if admitted. their place under the sun. All the funda-
possible. In one instance he even allowed Just as the Muslim 'ulema' refuses to mentalist movements, Hindu, Muslim,
a woman the right to retaliate against her change the shari' ah provisionisin respect Sikh or Christian, frown upon women's
husband (i e, to slap him as he slapped of polygamy, divorce, etc, the Catholic liberty and want to send. them back to
her). But even a man of the Prophet's Churchrefuses to permit abortion.Even in their home and hearth. In fact, it is often
prestige could not have his way in view of an advanced industrialised country like seen that the question of caste and com-
prevailing strong patriarchalvalucs in the the US, abortionofteniacquires the serious munal identity, becomes intimately re-
society. In the then social context men proportions of a political controversy. It lated to women's rights (or rather lack
earned and spent their wealth on their was aniissue in the last presidential elec- of them). Roop Kanwar's committing
women and children and wieldecdpatriar- tion. Those against abortion (termed as sati became an issue of Rajput identity.
chal power. Allah thus allowed men. in pro-life) do not fight shy of usinigcoercion Anyone who attacked it was attackingthe
view of the social context and societal against those supporting'abortioni.Those Rajputidentity.
values, a slight edge over women but also places where abortions are carried out are The question of Muslim Personal Law
warned them elsewhere-a last revelation attacked. It became a major conitroversial has also become an issue of Muslim iden-
in respect of women in the l-Ioly.Quran issue in the US Supreme Court too. In the tity in Inndia.
Many Muslims, perhapslakhs
(33:35) that men and women are equal in Republic of Ireland also abortion)contin- of them, joine(dthe Shah Bano movement
the sight of Allah. ues to be illegal. Even a raped girl who more concerned with their Islamic iden-
Thus if we keep the two significant becamnepregnantthere had to obtain per- tity thainthe immutable-divine laws. Any
verses of the Quran related to the social, missioih from the Irish Court to go to clhange in the Muslim Personial Law is
economic and religious status of women Londonfor abortion.Similarly in advanced opposed mainly on the ground of Muslim

Economic and Political Weekly February5. 1994 297

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identity. Changes in other spheres-not (thus totally defeating the Quranic intent cloth alone), a separate house and if not
related to male domination-are easier to and spirit) is the cause of misery of many possible, a separate, room with separate
admit. These changes perhaps do not put a Muslim women. Quite a few Muslim access so that she is not obliged to stay
caste or communal identity to such grave women in every major city have been with her in-laws, and all other necessary
peril. However, even a slight change in arbitrarilydivorced. The Muslim Women things like toilet items, hair oil, medical
women-related laws do. (Protection of Rights on Divorce) Act has charges in case of illness, etc.
The whole question of change in Mus- made their plight more miserable as they However, what Islam had given her, the
lim Personal Law in India has become cannot get any succour from the Wakf male-dominated society has taken away.
identity-related. Of course the argument Boards who have no money. In many cases Except in case of educated upper class
that the shari'ah is divine is also put for- parents or relatives are also unable to girls, women are not consulted before
ward (though it is not sustainable as the support them. Often the 'mehr' amount is marriage. The father considers it his right
shari'ah has both the divine as well as the a pittance-in some cases as little as Rs 101 to marry her off according to his choice
human component and is mutable to the or 501. In many cases the divorcees alone. She can hardly stipulate any condi-
extent that it has human component) but have children too. They really find it very tions. More often thani not, she has to
more often the argument that it is the difficult to maintain themselves and their accept the customary mehr amount.andin-
question of Muslim identity carries more children. Though it is beyond the reach of case the mehr amountis substantially large
tonviction. It should also be kept in mind many women to go to the court, there are only a small portion of it is paid and the
that the clhangesbeing demanded in Mus- hundreds of cases pending in most of the rest deferred (which, in some cases, might
lim Personal Law are intimately connected district courts. It is a clear indication of be paid at the time of divorce, or death of
with women's rights i e, polygamy and the fact that a large numberof women are her husbapd).
divorce. It is not merely coincidental. There suffering because of the arbitrarynature She can hardly exercise her right to
was not much resistance when the British of 'talaq-i-thalatba' (triple divorce, i e, 'khul'a'. The Hanafi school almost de-
scrapped the Islamic criminal code. The utterance of the word talaq thrice in one prives her of this right. There is no quces--
British too left the personal law in tact as sitting). The divorced woman has no de- tion of ever stipulating the condition for
any change in it was thought to be risky, fence whatsoever. 'talaq-i-tafwid' (delegated right to di-
not only in the case of Muslims but all The Quranunambiguously stresses gen- vorce). On the other hand she becomes
castes and communities. der justice. It took care of the rights of victim of triple divorce in many cases. The
Thus identities become very central if women in matters of marriage, divorce, triple divorce was strictly prohibited by
male privileges are underchallenge. Male- property,inheritance,custody of children, the Holy Prophet and naturally the Quran
dominated values have percolated so etc. Marriagewas made a contract and the does not mention it as it is highly unjust to
widely thateven Muslim women relate the bride's consent was made compulsory and women. The Prophet strictly forbade this
question of change in personal law to the she was also given the right to stipulate form of divorce. It is, therefore, referred
question of identity. Muniza Khaii, whio whatever conditions she,liked. She has to as 'talaq-i-bid'a' (innovated form of
conducted a survey of 25 educated Mus- been given the right to what is called divorce) or even as 'sinful form of di-
lim women in Benares found that though 'talaq-i-tafwid' (i e, delegated right to vorce'. Yet, it is most widely practied in
these Muslim women resented the law divorce) whereby she can divorce herself India and elsewhere. It leaves a woman
relating to polygamy and triple divorce, on behalf of her husband. She has also completely at the caprice of man. As the
they did not favour any change on the been given right to what is called 'khul' a', Prophet was a great votary of gender jus-
grounds of Muslim identity. Muslim i e, to liberate herself from her husbandby tice, he forbade it as already pointed out.
women too participated in the Shah Banu returning the mehir(dower) amount. She This form of talaq was prevalent in the
movement in not insignificant numbersto need assign no reason for this. It amounts 'jahilliyyah' (i e, pre-Islamic) period. As
protect the Muslim identity. Only those to opting out of the contract. This right is the Islamic revolution stressed genderjus-
Muslim women committed to the concept also absolute and she can exercise it at her tice, it was abolished. But it crept back
of sexual equality-a tiny minority after own will. into the Islamic system in a male-domi-
all-opposed any change in the Criminal nated society. The Quran bs prescribed
Procedure Code to exempt the Muslim GENDER JUSTICEIN QURAN the procedureof talaq w4ch is very fair to
women from its application. woman. It even prescribes hrbitration(wife
The argument here is not that identity is As for the right to inherit, she inherits as appointing one arbiter and the husband,
not important. No community in a plural- daughter,as wife and as mother. Thus she the other). The 'Qadi' is required to take
ist society like that of India can sacrifice inherits in three capacities. Of course she the recommendation of these arbitrators
its religio-cultural identity. However, it gets half that of her brotherbut then nei- into account, before giving his verdict.
should not be hinged on the question of ther she has to pay dower (on the contrary Thus the Quranic procedure of the talaq is
women's social status. There are a tlhou- she receives) nor has she to maintain her- quite fair to woman. However, it is never
sand other ways of protecting one's iden- self. She is maintained by her father(as of practised.
tity. How can one make women-related right) wlhileunmarriedand by her husband The right to inheritance of a woman is
issues so vital to the question of identity after marriage (she is not obliged to give also observed more often in breach than in
that no change in women's status will be anything of her wealth, whatever she pos- practice. During the feudal ages the agri-
admitted?If the triple divorce is abolished sesses, to her lhusbandwho is obliged to cultural property was never given to the
(it is admitted even by the ulema that it is maintain her even if she is rich and he is married daughter as it would divide it.
a sinful form of divorce) and polygamy poor). Also, she has absolute right to prop- Though there is no concept of primogeni-
restricted to certain exceptional cases (and erty, neither her father nor her husband ture in the Islamic law of inheritance it
the Quran has also permitted polygamy can claim any part of it unless she gives it was in practice among the Muslim feudal
with strict condition andnot as free licence) by her own consent. Alsd, as for mainte- families. The British made it legal through
how can Muslim identity be endangered? nance, lherlhusbandis obliged to provide an enactment and no Muslim theologian
It is true that triple divorce which is her' with cooked food (raw ingredients protested. It was made optional in Punjab
exercised in the most arbitrary manner would not do), sewn clothes (not a piece of when thle ulema codified Islamic law and

Economic and Political Weekly February5, 1994

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abolished customary laws in 1937. Even Many of theproblems of Muslim women It is undoubtedly so but with/the acqui-
with regard to non-agricultural property, are on account of illiteracy. But here tco, sition of great deal of wealth attitudes in
sbe hardly ever receives her share in in- it must be emphasised thatIslam has never the Arab,countries are fast changing and
heritance. As Zainab points out in her proscribed literacy for women. It is highly female literacy is shooting up. Social tra-
paper (based on a survey in UdaipurBohra misleading to think so. According to the ditions born in the past have their own
families), no daughter receives a proper Quran both Muslim men and women are resistance to change and it takes a great
share in her father's porperty. The broth- requiredto prbty"Lord, increase me in my deal of struggle to bring about change in
ers give her a token amount and even when knowledge" (20:114). Also, the Prophet the attitudes and hence many traditions
the sister is aware that her brothers have has said '"Acquisition of knowledge is persist for long even after there is no
not given her proper share they often re- obligatory on every Muslim men and social base for them. Those who suddenly
frain from litigation as it would disrupt Muslim women": Here the Prophet has acquire wealth cannot give up their old
cordial familial relations. In times of cri- specifically mentioned Muslim women attitudes. Thus socio-economic status and
sis the sister often has to look towards her ('muslimatin'). He also could have used social change should not be linked me-
brothers and so she would not like to risk the word 'muslimin' which would have thanically. It is a complex and tortuous
disruption of normal relationship with included both men and women but he did ielationship and needs to be studied care-
them. not do so and specifically used the word fully.
As for property (mobile or immobile) 'muslim women' so that men do not find Mehdi Hussain's survey of Muslim girls'
generally very few Muslim women work any excuse of depriving her of education. education establishes that if the parents,
and earn (though this trend is increasing particularly the father, is educated, chil-
among educated middle and uppermid4le ILLITERACY ANDPOVERTY dren have much better chance of educa-
class women). Islam does not prohibit tion. In the majority of cases the fathers
them from working at all. The Quran al- Yet we see that traditional societies are poor and illiterate: coolies, rickshaw
lows her to earn (4:32) and it would be have tried to keep her uneducatedor gave pullers, mechanics, vendors and, there-
hers. She is given the right to own property her only elementary religious education fore, there is not much motivation for
in her own right. Thus her individuality so that she can perform certain religious female literacy. Artisans too see little
and her being a legal entity is recognised duties, nothing more. However, this is benefit in educating their male children,
in Islam. However, traditional society more a sociological thanreligious or ideo- much less female children. A large section
hardly allow her to earn. In Islam there is logical problem. Our attitudes are deter- of urban Muslim population comprises
no concept that she has to confine herself mined as much by social factors as by artisans who too, use no benefits in send-
to domestic duties alone. In fact she is not religious or ideological ones. At times ing their children to schools. Also, among
even obliged to suckle her child. If she societal aspects prevail over religious or these backward sections of the society
refuses to do so her husband has to make ideological aspects. The education of there is a common belief that girls have to
alternative arrangements, such as a wet women is a case in point. In the feudal mind their homes and hence, there is no
nurse. This clearly shows that bringing up ages women were completely confined to need for them to go to schools. This is
children is not her responsibility alone but domestic chores (with some honourable valid for all the communities. However,
is a joint one. The husband is equally exceptions, of course) and hence it was the bright side is that among Muslims too,
obliged to make arrangements,forrearing thought quite unnecessary to give them a new middle class and even an
children. But in a traditional society the advanced education. It would not have entrepreneurial class is emerging which
husbandoften requires his wife to confine been of much use to her. Feudal traditions recognises the value of not only male but
herself to domestic duties and disapproves persist and social attitudes remain hard- also the female education. Some field
of her working to earn. It is only in some ened.. Also, poverty and illiteracy go to- surveys establish it beyond doubt that
enlightened families that slheis allowed to gether. It is an unchallenged fact that Muslim girls are going in for modern
work. Muslims inIndia arerelatively poor. Some education in substantial numbers, from
Producing children is also dependent on economic indices even indicate that their among these classes.
m'utual consent as far as Islam is con- plight is worse than that of the scheduled Also, the understanding of religion de-
cerned. It is not true that the husband can castQs.If female literacy is comparatively pends on one's social status. In other words
force her to produce as many children as low among Muslims today, the cause is one should not go by religibnper se but by
he wants. Also, according to some 'hadith' socio-economic rather than religious. which social strata practices it. The poor
husbands cannot force wives not to give Ihere is an erroneous impression among and working classes have their own under-
birtlhto child. 'Azl' (which means coitus many scholars that the lower rate of fe- standing and interpretationof religion and
interruptus but also includes other male literacy is oti account of Islamic the middle and upper classes another.
contraceptory devices) can be practised teachings. Nothing could be farther from Religion is often used to rationalise one' s
by the husband with the wifcq's specific the truth. own social behaviour. The poor and illit-
consent. According to imam Ghazzali, a Syed Mehdi Hussain, in his paper 'Mus- erate would invoke it tojustify the preven-
celebrated theologian, a woman can insist lim women and Higher Education:A Case tion of female education (and even male
on 'azl' even if she desires to preserve lher Study of Hyderabad'rightly says, "It may education in some cases) whereas the edu-
charm and figure as well as if her life is in bc pointed out that education and socio- cated middle and upper classes justify
danger due to childbirth. Abortion is also economic status are closely related. But it higher female education by invoking reli-
permitted in such cases up to the period of is also conditioned by the value system gion. The same is true of family planning
four months (of conception). Howiever, prevalentin a given society." He then goes also. Educated Muslim families
many Muslim males consider it their right on to point out, "It is evident that despite unhesitatingly go for it while the poor and
to produce as many children as they like. higher levels of percapita income in Saudi illiterate Muslims invoke religion to re-
Enlightened educated women of course Ar-abiaandotherpetrol-producingSheikh- ject it. In fact producing more children is
are exceptions as are educated husbands doms, thierate of literacy is quite low in a functional need of the poorer classes
who do not insist on more children and the'population in general and females in whereas it is an economic burden for the
accept family planning techniques. particular." middle classes. Thus poorer classes, what-

Economic and Political VUeckly February5, 1994 299

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ever community they belong to, usually Jain compnsed 86 per cent ashraf (high the rule. But the 'ulema' remained lenient
refrain from family planning whereas the caste) and 14 per cent were ajlaf (low in enforcing this central provision of the
middle class consider it a vital necessity. caste). She examines the q,uestion of Quranand ploygamy became open. This is
We have already shown above that Islam modernisation in terms of (a) awareness nothing short of a gross misuse of the
is not against family planning. It encour- and access (b) socio-economic andvduca- Quranic provision. In fact taking of an-
ages it, on the other hand. tional background (c) political participa- other wife should not be permitted except
tion. Jainmaintains that "Given the socio- with the sanction of tile court and sanction
COMMUNALPROPAGANDA culturalandpolitical disabilities of women could be accorded with the permission or
in their religious scriptures as interpreted knowledge of the first wife and in cases
However, there is strong perception by theirreligious elites, women' s progress like medically proven barr'ennessof first
among non-Mtislims, particularlythe Hin- in literary enrolment, employment and wife or in case the wife is suffering from
dus, that Muslims do not practice family status has not been very remarkable as terminal disease. This would be in keep-
planning because Islam is against it. Field they are not effectively deriving the full ing with the spint of justice in the Quran.
studies also show that the middle class benefits of equality legislation in inde- Unfortunatelythe controversy aboutUni-
Muslims resort to family planning as the pendentIndia." This is a pertinentremark. form Civil Code also has communal over-
Hindus do. The issue of family planning Muslim women, despite their constitu- tones on the question of Muslims marry-
has been communalised and is being used tional rights suffer from greater disabili- ing more thanone wife as if it is a privilege
for communal propaganda.It is being said ties on account of lower socio-economic which is enjoyed only by the Muslim men
that the Muslims soon will overtake the status. Many of the problems being faced and not others. The question of rights of
Hindus in population and convert India by Muslim women would not arise if their women become quite secondary. Com-
into another Pakistan. Malika Mistry in socio-economic and educational status mon civil code or no common civil code
her paper shows that such a contention is improves. It would be erroneous to talk what is fundamental is women's rights
not borne out by the census data. Thierate only in religious terms. and status. Their rights should be as invio-
of increase in Muslim population has been It is unfortunate that in a male-domi- lable as those of men. The Quran accepts
marginally higher. "Davis (1951)", ac- nated society questions of social change this position (2:228). However, Muslim
cording to her, "examined I-lindu-Muslim and women's rights are politicised from 'ulema' who have learnt traditional theol-
fertility differentials for the period 1891- both sides, i e, from the side of Muslims as ogy which evolved during medieval ages,
1941 using child-woman ratio as an index well as Hindus. The Shah Banu movement do not accept the ringing declaration of
of fertility based on census data. This is one example and the question of com- sexual equality in the Quran (2:228), i e,
study revealed that Muslims had shown mon civil code, another.Thouglhthe Holy "Rights of women are equal to what is
higher fertility than Hlindus.David attrib- Quran nowhere prescribes that the main- against them in a just manner". The sig-
uted this to higher widow riemarriage, tenance to a divorcee be restricted to the nificance of this verse perhaps was lost on
higher marital fertility and a slightly lower period of 'idda'h'(it was the opinion of the the 'ulema' during the medieval ages.
infant mortality among Muslims." But jurists only in view of the then prevailing IHowever,they must realise its import in
this higher population growth among situation) the Supreme Court judgment the present epoch of women's conscious-
Muslims is far from alarming. Census was strongly opposed as it delivered a ness. Such an attitude will not only serve
reports show that the growth differential blow to male privilege. The IHolyQurani the women's cause butalso the trueQuranic
is 1/2 per cent per annum and at this rate it was so considerate that it made it obliga- spirit. Perhaps the 'ulema' may not accept
will take more tlian three centuries for tory for Muslim men to make provision sexual equality even though it is provided
Muslims to catclhup with the Hindus. But for the divorcees (2:241) still they are for in the Quran(though progressive theo-
until then the population cannot go on deprived of this'privilege in the name of logians like Maulana Azad did, see his
growing at the present rate. It will reach an 'shariah'. In fact, despite this provision in Tarjuntanal-Quran). Muslim women will
absurdfigure more than 300 crores. In fact the Quran no Muslim was making any have to struggle hard for it.
population growtlhis expected to stabilise provision for his divorced wife (at the '[here is also the question specific to the
around2050. It may not be possible for the most threemonths'maintenancewas given Bohra Muslim women. Rehana Ghadially
Muslims to take over even after three to her) until, as result of the Shah Banu has dealt with it in her paper. The Bohra
centuries! Moreover, as pointed out by movement, the Muslim Women (Protec- high priest oppresses all the Bohras, men
Mistry, "There is also evidence to show tion of Rights on Divorce) Act was passed. as well as wom,n, and it is unfortunatethat
that the fertility of Muslims has been When it came to the women's question, often he chooses women as an instrumentof
declining in recent times. Socio-economic even religious prescription could be to- oppressing the entire community as they
variables such as education and economic tally disregarded. The 'ulema' were not have greaterneed for religious rituals in the
status have slhown significant effect in enforcing the provision of the Quranic given social context. They themselves be-
reducing fertility rate. These,observations verse (2:241) as they are not enforcing come victims of oppression as well as in-
suggest that the onset of fertility decline strictly women's riglhtto property. Even strumentsof oppression by bringing pres-
among Muslims has already begun but the as regards the question of taking more sureon theirmenfolkto submitto thepriestly
pace of decline has been rather slow." than one wife the Quraniicverses (4:3) oppression.However, therearemany Bohra
Sushila Jain discusses in her paper 'Tlhe insist on justice between the wives and women who have challenged the priestly
Process of Modernisation in India and the even goes on to say that if you cannot do authority and have put up a courageous
Clhanging Status of the Muslim Women' justice betweetnthe wives then marryonly struggle against it. The Bohra women in
in Jaipur. Her conclusion is no different one. However, the provision forjustice, so Udaipurfought with great courage against
from otlhersimilar studies. Thncsocial sta- central to the Quranic verse, was never exploitation by the priesthood and created
tus very much depends on education and rigorously enforced and it almost bec.ame history. Their struggle continues. Udaipur
economic status of womcn. The Muslim a male privilege to marry.more than one women have convincingly shown that the
community in Jaipur is fairly backward. wife. If one goes by the rigorous provision stereotypeaboutBohra women as timid and
Most of them come from artisan back- of the HIolyQuranincidetices of bigamy or submissive is no more true. These are great
ground. I-however,thlesample ch)osen by polygamy would be exceptions rathserthan signs of changing times.

300 Economic and Political Weekly February5, 1994

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