Marriage in Islam by Begum Habibullah (1883-1975)

Abstract

This article identifies some of India's key legislative acts, reform measures, and Islamic laws on marriage in India and reports a speech in support of the Sarda Act that was passed in 1929. The speech was delivered by Begum Habibullah at the annual meeting of the Oudh Women's Social and Educational Conference. She was married to a landed family, and her husband was educated in England and a member of the civil service. She founded a school for Muslim girls and was elected in 1937 to the provincial legislative assembly. Social reforms were promulgated during 1920-47 among the legislatures of India. Many reforms changed Hindu laws, and some targeted women of all communities. Many reforms addressed child marriage and women's rights with regard to marriage, divorce, and inheritance. The impact of these reforms manifested itself in the stimulation of discussion of gender issues. The Age of Consent Committee in 1928 included mostly Indians and two women. The Committee collected evidence across the country of the prevalence and effects of child marriage. The Committee report concluded that child marriage in India affected about 40% of girls. Child marriage at ages under 15 years was most prevalent in Bengal, Bihar, and Orissa states, followed by the Central provinces and Berar and Bombay. Child marriage was more prevalent among Hindus than Muslims. Liberals tended to oppose child marriage, while religious Hindus and Muslims and conservatives tended to oppose restrictions to child marriage. The bill to regulate marriage age was introduced in 1929. The Sarda Act made it illegal to marry under the age of 14 years for girls and 18 years for boys. The Act was supported by women's groups. Begum's views were indicative of views of the time regarding the concern for women. She stressed the Act's complementarity to Islamic law.