The customs and social traditions of the Mughal era were often shocking, but the Mughal emperor Jahangir took a step in 1611, which gave a new identity to the women of that era. It is recorded in the historical document named ‘Majlis-e-Jahangiri’ that Jahangir had made a big and bold announcement related to divorce on 20 June 1611. He had said that if a Muslim man divorces his wife without any valid reason then it would be considered illegal.
This order of Jahangir was approved by the Qazi and it was implemented as law. In this way, for the first time, women got the right to get justice in divorce cases. Before Jahangir’s decision, the words of men were considered law in the society. Divorcing was a personal decision in which women’s opinion did not matter, but this new law changed the situation. Women now got the opportunity to express their views and raise their voice against injustice. BBC report states that after this decision, women not only started understanding the process of divorce, but also openly demanded divorce many times.
Case of 1628: Demand for coins in exchange of divorce
A Muslim man asked for 60 Mahmoodi coins from his wife to grant her divorce. After finding the coins, she divorced him, but the reason was not recorded in the document. This case shows that male supremacy was still deeply present in society, but the law gave women a way to fight.
Fath Banu’s case divorce from drunkard husband
In another example, a woman named Fath Banu complained to the Qazi against her husband Chisht Mohammad. She said that her husband is an alcoholic and has lost his rights as a husband. The Qazi accepted what he said and approved the divorce. This was one of the first examples of that era when women’s views were given importance.
Case of 1612: Dispute between Mohammad Jiyu and wife
On 5 February 1612, a man named Mohammad Jiyu applied for separation from his wife. Qazi fixed the condition of divorce that it would be mandatory to give one copper coin, two kurtis and two sarees to the wife daily. Later, when the husband did not fulfill these promises, the wife told the Qazi that while signing, she had said that if I could not pay this compensation, the marriage would be considered over. The Qazi heard the woman’s side and declared the divorce valid.
Beginning of new thinking in society
This order of Jahangir not only changed the legal framework but also shook the social mentality. Now women could go to the Qazi and express their views. Their complaints began to be heard and men’s judgment began to be questioned. Historians believe that this decision was the first legal step towards women’s rights in the Indian subcontinent.
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