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226 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Can the position among the Musalmans so far as childmarriage goes, be considered better than the position among the Hindus ?
Take the position of women. It is insisted by Muslims that the legal rights given to Muslim women, ensure them a greater measure of independence than allowed to other Eastern women, for example, Hindu women, and are in excess of the rights given to women in some Western countries. Reliance is placed on some of the provisions of the Muslim Law.
Firstly, it is said the Muslim Law does not fix any age for marriage, and recognizes the right of a girl to marry any time. Further, except where the marriage is celebrated by the father or the grandfather, a Muslim girl, if given in marriage in childhood, has the power to repudiate her marriage on attaining puberty.
Secondly, it is held out that marriage among the Musalmans is a contract. Being a contract, the husband has a right to divorce his wife and the Muslim Law has provided ample safeguards for the wife which, if availed of, would place the Muslim wife on the same footing as the husband in the matter of divorce. For, it is claimed that the wife under the Muslim Law can, at the time of the marriage, or even thereafter in some cases, enter into a contract by which she may under certain circumstances obtain a divorce.
Thirdly, the Mahomedam Law requires that a wife can claim from her husband, by way of consideration for the surrender of her person, a sum of money or other property—known as her “dower”. The dower may be fixed even after marriage and if no amount is fixed, the wife is entitled to proper dower. The amount of dower is usually split into two parts, one is called “prompt” which is payable on demand, and the other “deferred” which is payable on dissolution of marriage by death or divorce. Her claim for dower will be treated as a debt against the husband’s estate. She has complete dominion over her dower which is intended to give her economic independence. She can remit it or she can appropriate the income of it as she pleases.
Granting all these provisions of law in her favour, the Muslim woman is the most helpless person in the world. To quote an Egyption Muslim leader :—
“Islam has set its seal of inferiority upon her, and given the sanction of religion to social customs which have deprived her of the full opportunity for self-expression and development of personality.”