Gender Equality

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INTRODUCTION

Throughout the world laws are an important instrument for enforcing freedom, development and social equality in general. Right to property especially is very fundamental as it is not merely a symbol of dignified living but also affects the life-style of the concerned party. Presently, no one can deny the fact that women are equal to men in all walks of life. In view of law there has to be no discrimination based on gender – but in case of right to property (any many others) apart from the elite class, gender equality is a long lasting dream in Indian society and this has been an important aspect of the ongoing debate on women’s economic equality with men. In this age, where gender equality is a concept of importance, the debate …show more content…

Succession laws are classified in two groups: the first set of laws is religion based and ancient in time. These laws are either rooted in their respective religion or are deeply influenced by them. The second set of laws is the ones that are passed by various legislative bodies. With respect to succession law, the former set consists of Muslim law, Hindu law and Parsi law as they were before legislative intervention, which later refers to the Indian Succession Act, 1925, Hindu Succession Act, 1956 etc. a notable difference between the two categories is that the latter set of laws the position of men and women is equal whereas in former set, the laws relegated women to background with respect to inheritance and other rights. An analysis of these religion based succession laws show that they stem from a fundamental desire to secure and keep control over property in the hands of men and to assert the superiority of one gender over the other. The main focus of this paper will be to study the Hindu and Muslim personal law to trace out the gender bias that is present. A comparative study is undertaken between the two laws for a comprehensive study of gender equality in …show more content…

The Quran is not a book of law but is connected with the conduct of law. Till 1937 Muslims in India were governed by customary law which was highly unjust. After the Shariat Act of 1937 Muslims in India came to be governed in their personal matters, including property rights, by Muslim personal law as it “restored” personal law in preference to custom. The Shariat Act deals with the enforcement of the personal law rather than the laws themselves. A comprehensive piece produced by the All India Muslim Personal Law Board lists down all the laws and rules and is utilized in this paper to address the main issue. The All India Muslim Personal Law Board (AIMPLB) is an organization set up in 1973 to protect Muslim personal laws and for continued applicability of Muslim Personal Law (Shariat) Application

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