Triple Talaq: Patriarchy not just a 'women's issue', marriage no holy cow

From academic jargon, the word 'patriarchy' has come a long way in the Indian public sphere. But it has a long way to go yet.

Contrary to the impression one gets from the popular social media usage these days patriarchy is not simply a system of male-dominance over women. According to bell hooks, “Patriarchy has no gender”. Elsewhere she says, “Patriarchy is political-social system that insists that males are inherently dominating, superior to everything and everyone deemed weak, especially females, and endowed with the right to dominate and rule over the weak.”

Patriarchy is not just ‘women’s issues’

It is an entangled problem of power. It is a problem for all those that are deemed weak.

It is regrettable that many women’s right activists who critique patriarchy and root for gender justice among Muslims ignore the social and cultural impact of economic 

exclusion and exploitation of Muslims. While intersectionality of identities is important it is also equally, if not more, important to see the interlinkages of political and economic conditions. Advocates of women’s rights who also have a commitment to secularism face a dilemma – as do Muslim women who do not wish to align with Hindutva elements – lest they forfeit the security and right to dignity of the entire community.

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It is more difficult to demand (and win) changes in economic relations that will make women’s lives better than to demand and win laws on violence against women. When we look at the actual use of these laws to bring the responsible to book and convict them, it is easy to understand why.

If the demand is for a law that provides the majoritarian oppressor an opportunity to dominate the weak (yes, all men are not equally powerful) the task is easier. Without broader changes in outlook on the forms of discrimination Muslims face, it will be difficult for all to share the view of the criminalisation of arbitrary triple talaq as a ‘victory’ of Muslim women.

Personal law is not just ‘women’s issues’

The Uniform Civil Code in India is often understood simplistically as abolition of Muslim Personal Law, which has been declared oppressive for Muslim women. In fact, legal pluralism itself is declared gender-unjust. This perspective prevails not only among those who are prejudiced against Muslims, but also among many well-meaning people.

Business Standard