Comprehensive Definition§
Shah Bano Begum Case: Refers to the landmark Indian legal case Mohammed Ahmed Khan v. Shah Bano Begum, AIR 1985 SC 945 which brought the debate over the maintenance rights of divorced Muslim women into national focus. This case catalyzed far-reaching discussions on the intersection of religious laws and women’s rights.
Etymology§
- Shah Bano Begum: Derived from two lexemes: “Shah,” a Persian-derived term meaning “king” or “royal,” and “Bano,” an honorific given to women, common in South Asian Muslim cultures. “Begum” is a title of respect for Muslim women of high social rank.
- Case: From Latin “casus,” meaning fallen or happening, referring here to legal matters.
Background§
Shah Bano, a Muslim woman, petitioned for maintenance from her husband after being unilaterally divorced through triple talaq (“talaq-e-bid’ah”), which in his view absolved him of further financial responsibility to her. The Indian Supreme Court, ruling in favor of Shah Bano in 1985, held that she was entitled to alimony under the Criminal Procedure Code (CrPC) Section 125, which applies to all citizens irrespective of religion.
Historical Facts and Dates§
- April 23, 1985: The Supreme Court of India delivers a ruling favoring Shah Bano, upholding her right to alimony.
- 1986: Following backlash from conservative Muslim groups claiming a violation of Muslim Personal Law, the Indian Parliament passes the Muslim Women (Protection of Rights on Divorce) Act, 1986, effectively overturning the Shah Bano verdict and limiting the scope of alimony under the CrPC for Muslim women.
A Touchstone for Gender Justice: The case spotlighted the conflict between secular law and religious personal laws, deepening the discourse on gender equality in India’s legal system. It drew support from women’s rights activists but encountered opposition from conservative factions within the Muslim community who argued it as an infringement on religious freedom.
Cultural Differences and Similarities§
- In Islamic countries beyond India, interpretations and implementations of Islamic personal law on issues like divorce and alimony can significantly vary, reflecting the vast cultural and judicial diversity within the Muslim world.
- Within India, the Shah Bano case juxtaposed the secular law favored by the Supreme Court against the Muslim Personal Law, which follows the Islamic Sharia principles specifically aligned with personal and domestic matters, creating a dichotomy in the understanding of women’s rights.
Synonyms§
- Maintenance Case
- Alimony Lawsuit
- Personal Law Conflict
Antonyms§
- Mutually Agreed Divorce Settlement
- Uncontested Divorce
Related Terms§
- Triple Talaq: An Islamic practice of instant divorce by pronouncing ’talaq’ thrice.
- CrPC (Criminal Procedure Code): Indian legal provision applicable for maintenance cases.
- Muslim Personal Law: A set of laws specifically for Muslims in India concerning personal matters like marriage, guardianship, inheritance, etc.
Exciting Facts§
- The Shah Bano case contributed significantly towards the mobilization of women in urban India, leading to greater awareness and demands for enhanced rights and legal protections.
- It pushed legal fixtures in other Muslim countries towards more gender-sensitive reforms. For instance, Tunisia, Turkey, and Tunisia have set a precedent by reforming personal laws that conflict with modern principles of gender justice.
Quotations from Notable Writers§
“It is a question of whether the law of the land will run subservient to the tenets of religious scriptures or whether religious scriptures will have to run subservient to the law of the land. In equal measure, all citizens, regardless of creed, must abide by the law that governs them all.” - O. Chinnappa Reddy, Supreme Court of India Justice on the Shah Bano Verdict.
References and Suggested Literature§
- “Muslim Women and the Politics of Amazing Law & Justice” by Indira Jaising - A critical scrutiny into Shah Bano’s case and its aftermath.
- “Secularism and Its Discontents” by Jean Nehru - Contextual analyses on Indian secularism and legal challenges.
- “Gender and Politics in India”, edited by Nivedita Menon - Examination of gender issues through critical case studies.
Farewell Note: In dissecting the reverberations of this critical legal battle, we find inspiration to strive towards higher justice, ensuring the people’s rights align respectfully within the layered fabric of pluralistic societies.
- Fatima Noor, October 2023.
