Abstract

This paper presents a comparative analysis of women’s rights in matrimonial disputes by examining the personal laws governing marriage, divorce, and related rights in India, the Middle East, and Western jurisdictions. The study explores the intricate relationship between cultural, religious, and legal frameworks in shaping women’s rights in these regions, highlighting the contrasts and commonalities across different legal systems. In India, personal laws based on religion (Hindu, Muslim, Christian, and others) dictate the treatment of women in matrimonial disputes, with significant disparities in the rights granted to women across different communities. The legal complexity is amplified by constitutional guarantees of equality and individual rights, which often conflict with personal laws rooted in religious traditions. In the Middle East, the legal systems in many countries are influenced by Islamic law, which shapes the rights of women in marriage and divorce. The study analyzes the impact of Sharia law and how its interpretation across various countries such as Saudi Arabia, Egypt, and Iran affects women’s autonomy in matrimonial disputes. Although there are variations, a common theme is the patriarchal nature of family laws, which often restrict women’s rights and autonomy. In contrast, Western jurisdictions, particularly in Europe and North America, largely adhere to secular legal frameworks that emphasize gender equality and individual rights. Matrimonial laws in these regions focus on equitable distribution of assets, child custody, and spousal support, offering a more progressive approach towards women’s rights. However, challenges such as the impact of traditional gender roles and cultural norms continue to affect women’s experiences in matrimonial disputes. This paper highlights how different legal systems address the intersection of personal beliefs, gender equality, and the rights of women in marital disputes. It also emphasizes the evolving nature of women’s rights across these jurisdictions, noting how legal reforms and global human rights movements are gradually altering traditional legal norms. The analysis aims to provide a comprehensive understanding of the diverse approaches to women’s rights in matrimonial disputes and the ongoing challenges in achieving gender equality in legal systems worldwide.