Woman in Islamic  Shari‘ah
        
        
          3. Womanhood in Islam
        
        
          ~ 48 ~
        
        
          REMARK OF THE CHIEF JUSTICE
        
        
          Giving his verdict in the Muhammad Ahmad-Shah
        
        
          Bano case, Mr. Y.V. Chandra Chud, Chief Justice of
        
        
          the Indian Supreme Court, has written a special
        
        
          note in which he says:
        
        
          Some questions which arise under the
        
        
          ordinary civil and criminal law are of a
        
        
          far-reaching significance to large segments of
        
        
          society which have been traditionally
        
        
          subjected to unjust treatment. Women are one
        
        
          such segment.
        
        
          “Na stree swatantramarhati”
        
        
          (The woman does not deserve independence),
        
        
          said Manu, the law giver. And, it is alleged
        
        
          that the “fatal point in Islam is the
        
        
          degradation of woman. “To the Prophet is
        
        
          ascribed the statement, hopefully wrongly,
        
        
          that “woman was made from a crooked rib,
        
        
          and if you try to bend it straight, it will break;
        
        
          therefore treat your wives kindly.”
        
        
          41
        
        
          I would like to make it clear that the phrase in this
        
        
          passage, “hopefully wrongly,” does not mean that
        
        
          this saying has been wrongly attributed to the
        
        
          Prophet. It means rather that although the Prophet