Vol. 8 · pages 251–255

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.”

227 PAKISTAN : SOCIAL STAGNATION No Muslim girl has the courage to repudiate her marriage, although it may be open to her on the ground that she was a child and that it was brought about by persons other than her parents. No Muslim wife will think it proper to have a clause entered into her marriage contract reserving her the right to divorce. In that event, her fate is “once married, always married.” She cannot escape the marriage tie, however irksome it may be. While she cannot repudiate the marriage, the husband can always do it without having to show any cause. Utter the word “Tallak ” and observe continence for three weeks and the woman is cast away. The only restraint on his caprice is the obligation to pay dower. If the dower has already been remitted, his right to divorce is a matter of his sweet will. This latitude in the matter of divorce destroys that sense of security which is so fundamental for a full, free and happy life for a woman. This insecurity of life, to which a Muslim woman is exposed, is greatly augmented by the right of polygamy and concubinage, which the Muslim Law gives to the husband. Mahomedam Law allows a Muslim to marry four wives at a time. It is not unoften said that this is an improvement over the Hindu Law which places no restriction on the number of wives a Hindu can have at any given time. But it is forgotten that in addition to the four legal wives, the Muslim Law permits a Mahomedan to cohabit with his female slaves. In the case of female slaves nothing is said as to the number. They are allowed to him without any restriction whatever and without any obligation to marry them. No words can adequately express the great and many evils of polygamy and concubinage and especially as a source of misery to a Muslim woman. It is true that because polygamy and concubinage are sanctioned, one must not suppose they are indulged in by the generality of Muslims; still the fact remains that they are privileges which are easy for a Muslim to abuse to the misery and unhappiness of his wife. Mr. John J. Pool, no enemy of Islam, observes* :— “ This latitude in the matter of divorce is very greatly taken advantage of by some Mohamedans. Stobart, commenting on this * Studies in Mahomedanism, pp. 34-35.

228 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES subject in his book, Islam, and its Founder, says: ‘Some Mohamedans make a habit of continually changing their wives. We read of young men who have had twenty and thirty wives, a new one every three months: and thus it comes about that women are liable to be indefinitely transferred from one man to another, obliged to accept a husband and a home whenever they can find one, or in case of destitution, to which divorce may have driven them, to resort to other more degrading means of living. Thus while keeping the strict letter of the law, and possessing only one or certainly not more than four wives, unscrupulous characters may yet by divorce obtain in a lifetime as many wives as they please. “In another way also a Mohamedan may really have more than four wives, and yet keep within the law. This is by means of living with concubines, which the Koran expressly permits. In that sura which allows four wives, the words are added, ‘of the slaves which ye shall have acquired.’ Then in the 70th sura, it is revealed that it is no sin to live with slaves. The very words are: ‘The slaves which their right hands possess, as to them they shall be blameless.’ At the present day, as in days past, in multitudes of Mohamedan homes, slaves are found; as Muir says, in his Life of Mahomet ‘so long as this unlimited permission of living with their female slaves continues, it cannot be expected that there will be any hearty attempt to put a stop to slavery in Mohamedan countries.’ Thus the Koran, in this matter of slavery, is the enemy of the mankind. And women, as usual, are the greater sufferers.’ Take the caste system. Islam speaks of brotherhood. Everybody infers that Islam must be free from slavery and caste. Regarding slavery nothing needs to be said. It stands abolished now by law. But while it existed much of its support was derived from Islam and Islamic countries.* While the prescriptions by the Prophet regarding the just and humane treatment of slaves contained in the Koran are praiseworthy, there is nothing whatever in Islam that lends support to the abolition of this curse. As Sir W. Muir has well said † :— “... rather, while lightening, he reverted the fetter.... There is no obligation on a Muslim to release his slaves....” But if slavery has gone, caste among Musalmans has remained. As an illustration one may take the conditions prevalent among the Bengal Muslims. The Superintendent of the * Ibid., Chapter XXXIX. † The Koran, its Composition and Teaching, p. 58.

229 PAKISTAN : SOCIAL STAGNATION Census for 1901 for the Province of Bengal records the following interesting facts regarding the Muslims of Bengal:— “ The conventional division of the Mahomedans into four tribes— Sheikh, Saiad, Moghul and Pathan—has very little application to this Province (Bengal). The Mahomedans themselves recognize two main social divisions, (1) Ashraf or Sharaf and (2) Ajlaf. Ashraf means ‘noble’ and includes all undoubted descendants of foreigners and converts from high caste Hindus. All other Mahomedans including the occupational groups and all converts of lower ranks, are known by the contemptuous terms, ‘Ajlaf’, ‘wretches’ or ‘mean people’: they are also called Kamina or Itar, ‘base’ or Rasil, a corruption of Rizal, ‘worthless’. In some places a third class, called Arzal or ‘lowest of all’, is added. With them no other Mahomedan would associate, and they are forbidden to enter the mosque to use the public burial ground. “Within these groups there are castes with social precedence of exactly the same nature as one finds among the Hindus. I. Ashraf or better class Mahomedans. (1) Saiads. (2) Sheikhs. (3) Pathans. (4) Moghul. (5) Mallik. (6) Mirza. II. Ajlaf or lower class Mahomedans. (1) Cultivating Sheikhs, and others who were originally Hindus but who do not belong to any functional group, and have not gained admittance to the Ashraf Community, e.g. Pirali and Thakrai. (2) Darzi, Jolaha, Fakir, and Rangrez. (3) Barhi, Bhathiara, Chik, Churihar, Dai, Dhawa, Dhunia, Gaddi, Kalal, Kasai, Kula Kunjara, Laheri, Mahifarosh, Mallah, Naliya, Nikari. (4) Abdal, Bako, Bediya, Bhat, Chamba, Dafali, Dhobi, Hajjam, Mucho, Nagarchi, Nat, Panwaria, Madaria, Tuntia. III. Arzal or degraded class. Bhanar, Halalkhor, Hijra, Kasbi, Lalbegi, Maugta, Mehtar.” The Census Superintendent mentions another feature of the Muslim social system, namely, the prevalence of the “panchayet system” He states :— “ The authority of the panchayat extends to social as well as trade matters and... marriage with people of other communities is one of

230 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES the offences of which the governing body takes cognizance. The result is that these groups are often as strictly endogamous as Hindu castes. The prohibition on intermarriage extends to higher as well as to lower castes, and a Dhuma, for example, may marry no one but a Dhuma. If this rule is transgressed, the offender is at once hauled up before the panchayat and ejected ignominiously from his community. A member of one such group cannot ordinarily gain admission to another, and he retains the designation of the community in which he was born even if he abandons its distinctive occupation and takes to other means of livelihood .... thousands of Jolahas are butchers, yet they are still known as Jolahas.” Similar facts from other Provinces of India could be gathered from their respective Census Reports and those who are curious may refer to them. But the facts for Bengal are enough to show that the Mahomedans observe not only caste but also untouchability. There can thus be no manner of doubt that the Muslim Society in India is afflicted by the same social evils as afflict the Hindu Society. Indeed, the Muslims have all the social evils of the Hindus and something more. That something more is the compulsory system of purdah for Muslim women. As a consequence of the purdah system a segragation of the Muslim women is brought about. The ladies are not expected to visit the outer rooms, verandahs or gardens, their quarters are in the back-yard. All of them, young and old, are confined in the same room. No male servant can work in their presence. A woman is allowed to see only her sons, brothers, father, uncles and husband, or any other near relation who may be admitted to a position of trust. She cannot go even to the mosque to pray and must wear burka (veil) whenever she has to go out. These burka women walking in the streets is one of the most hideous sights one can witness in India. Such seclusion cannot but have its deteriorating effects upon the physical constitution of Muslim women. They are usually victims to anaemia, tuberculosis and pyorrhoea. Their bodies are deformed, with their backs bent, bones protruded, hands and feet crooked. Ribs, joints and nearly all their bones ache. Heart palpitation is very often present in them. The result of this pelvic deformity is untimely death at the time of delivery. Purdah deprives Muslim women of mental and