This paper analyzes Mughal textual sources, such as court chronicles and legal documents, including nikāḥnāma (marriage contracts), sale deeds, and gift deeds, to understand the legal status of women during the Mughal period. It highlights certain rights that women possessed in the past and provides a foundation to strengthen the position of women in today’s society. I will discuss women’s rights in marriage and divorce, issues related to violence, and property rights enjoyed by women from the fifteenth to the seventeenth centuries. Farhat Hassan rightly points out that “social groups exploited the flexibility and lack of fixedness in shari’a to manipulate it to protect their interests.” This flexibility therefore served as a useful tool for women to resist their oppression. The examination of legal documents indicates that women from various religious communities across the empire frequently engaged with the Mughal legal courts. This was true not only for Muslim women but also for non-Muslim women who understood shari’a and the procedures of the legal courts. Women recognized the importance of records and testimonies, demonstrating their agency within this legal system.

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Women as Chattels or Women with Agency? A Study of the Legal and Civil Rights of Women in Mughal India

  • Angbin Yasmin

摘要

This paper analyzes Mughal textual sources, such as court chronicles and legal documents, including nikāḥnāma (marriage contracts), sale deeds, and gift deeds, to understand the legal status of women during the Mughal period. It highlights certain rights that women possessed in the past and provides a foundation to strengthen the position of women in today’s society. I will discuss women’s rights in marriage and divorce, issues related to violence, and property rights enjoyed by women from the fifteenth to the seventeenth centuries. Farhat Hassan rightly points out that “social groups exploited the flexibility and lack of fixedness in shari’a to manipulate it to protect their interests.” This flexibility therefore served as a useful tool for women to resist their oppression. The examination of legal documents indicates that women from various religious communities across the empire frequently engaged with the Mughal legal courts. This was true not only for Muslim women but also for non-Muslim women who understood shari’a and the procedures of the legal courts. Women recognized the importance of records and testimonies, demonstrating their agency within this legal system.