Mainstreaming Misconceptions- Demonizing Muslim Personal Law: A Comment on the Muslim Women (Protection of Rights on Marriage) Act 2019

Abstract

Media is awash with reports portraying an immensely inhuman picture of Muslim Personal Law which treats women like objects, devoid of any rights. Deeply embedded misconceptions in the media about marriage and divorce, together with legislation based on flawed understanding of Islamic law have led to demonizing of Muslim Personal Law and 'othering' of Muslims in the society. The objective of the paper is to firstly, dispel misconceptions perpetuated by mainstream media and secondly, to critically analyse the Muslim Women (Protection of Rights on Marriage) Act, 2019. The paper is schematically divided into two main parts. The idea of marriage and divorce under Islamic law is discussed first. Thereafter, the problem as projected by the media and the solution provided in the form of legislation by the state is critically analysed. A conclusion is arrived at on the basis of the discussion in the two parts.

Keywords: Muslim Personal Law, Marriage, Divorce, Islam, Media, India