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“DO NOT BETRAY GOD OR YOUR PEOPLE”: NEGOTIATING WOMEN’S RIGHTS UNDER MUSLIM FAMILY LAWS IN ISRAEL AND INDIA

“DO NOT BETRAY GOD OR YOUR PEOPLE”: NEGOTIATING WOMEN’S RIGHTS UNDER MUSLIM FAMILY LAWS IN ISRAEL AND INDIA

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Abstract: Reforming Muslim family laws in countries where Muslims live as minorities has been a challenging task for the proponents of reform. Those who demand reform in such minority settings — ie, women’s rights groups — often fi nd themselves in a precarious position. They are often accused of putting their gendered interest before the community’s needs and aspirations and of allegedly collaborating with the majority institutions and actors in destroying the culture and identity of their own communities. In the face of such blatant accusations and attacks, women’s rights group were forced to innovate nuanced strategies to advance their individual and familial rights under religious laws while ensuring authenticity of their messages and securing the trust of their ethno-religious communities. Against this backdrop, this article will look at the case of state-enforced Muslim family laws in Israel and India, analyse the impact of these laws on women’s rights and freedoms and provide further insight into the ways in which Muslim women have overcome the aforementioned socio-political and ideological challenges and contested and reformed religious family laws particularly pertaining to postnuptial maintenance (nafaqa).

Keywords: Israel; India; shariʿa; Muslim family law; reform; women’s rights; marriage; divorce; maintenance; alimony

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