Divorce, kinship, and errant wives: Islamic feminism in India, and the everyday life of divorce and maintenance

Abstract

This article is an ethnographic exploration of a women’s sharia court in Mumbai, a part of a network of such courts run by women qazi (Islamic judges) established across India by members of an Islamic feminist movement called the Bharatiya Muslim Mahila Andolan (Indian Muslim Women’s Movement). Building upon observations of adjudication, counselling, and mediation offered in cases of divorce and maintenance by the woman qazi (judge), and the claims made by women litigants on the court, this article explores the imaginaries of the heterosexual family and gendered kinship roles that constitute the everyday social life of Islamic feminism. I show how the heterosexual family is conceptualised as a fragile and violent institution, and divorce is considered an escape route from the same. I also trace how gendered kinship roles in the heterosexual conjugal family are overturned as men fail in their conventional roles as providers and women become breadwinners in the family. In tracing the range of negotiations around the gendered family, I argue that the social life of Islamic feminism eludes the discourses and categories of statist legal reform. I contribute to existing scholarship on Islamic feminism by exploring the tension between the institutionalist and everyday aspects of Islamic feminist movements, and by exploring the range of kinship negotiations around the gendered family that take place in the shadow of the rhetoric of ‘law reform’ for Muslim communities in India.