Indian muslim personal law. All India Muslim Personal Law Board 2019-01-07

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A short history of Muslim personal law in India

indian muslim personal law

In fact, that is still the basic framework today. While Shia law does not perceive the standard of abatement. Sardar Shah, a case from Lahore High Court, the husband sold the ornaments of the wife with her consent. Even the important legal terms and words used in Indian Judicial System such as Munsiff, Sheristadar, Nazir, Ameen, Vakalath, Mahazar etc are pure Arabic words. Of a few bequests, the first in time prevails until the point that the bequeathable third is depleted.

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Muslim Personal Law

indian muslim personal law

Even the father cannot deprive her of it. It has only six sections and section 2 reads as follows. The moment H makes this third pronouncement, the marriage stands dissolved irrevocably, irrespective of iddat. But she loses her right if she deviates from the path of chastity. There are two categories of divorce under the Muslim law: 1. However, failure to fulfil requirements on that behalf does not make marriage invalid.

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Muslim Personal Law

indian muslim personal law

The wife refused to do so because according to her beliefs this was against the Islamic way of life. Before Islam was introduced as a religion to Arabia, a tribal social structure prevailed there. Also, Section 6-17 of the Hindu Adoption and Maintenance Act, 1956 talk about who can adopt, what are the essentials for a valid adoption, conditions for a male and female to adopt, who can be adopted, what are the rights and relationship in the eyes of the law between the parents and the adopted child etc. Most well known among these is the Shah Bano case. During the regime of and , the earlier laws were followed, and the ulemas religious scholars had considerable influence on legal decisions. According to Shia law Zihar must be performed in the presence of two witnesses.

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Hindu Muslim Christian Personal Laws in India Article

indian muslim personal law

The next step is to divide the residue if any among such of the residuries as are entitled to the residue. Example: W, a wife, is having her period of purity and no sexual intercourse has taken place. No religion in India mandates as an obligation to enter into bigamy or polygamy. After passing of this Act the earlier rulings based on custom equity and good conscience which were the guiding principles of British courts have no application. It gives to both husband and wife the right to petition the Court for divorce on certain grounds enumerated in the section. Talaaq-i-tafweez or delegated divorce is recognized among both, the Shias and the Sunnis.

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Marriage under Muslim Law

indian muslim personal law

Accordingly, modern Islamic nation states have responded to the needs of modernity by embracing the Shariat in ways suiting their social and political needs. The Board has also objected to the Right of Children for Free and Compulsory Education Act, 2009 as they believe it will infringe on the Madrasa System of Education. Pir Bux, again an attempt was made to grant divorce on the ground of irretrievable breakdown of marriage. The absolute power of a Muslim husband of divorcing his wife unilaterally, without assigning any reason, literally at his whim, even in a jest or in a state of intoxication, and without recourse to the court, and even in the absence of the wife, is recognized in modern India. After the passing of Muslim Personal law Shariat Application Act 1937, Muslim Personal Law applicable in India continued to be uncodified and it was difficult to Courts and Lawyers to find out the correct Shariat law provisions on matters of Personal law. If a Muslim man or women wants to make a will of his separate property then he can only make a will of the one-third property and not more than that and the remaining property will go to the legal heirs and if the person wants to will more than one-third property then he has to take the consent of other legal heirs and if he has not taken the consent of other heirs and wills more than his right of one-third the share of property after his death, then the person to whom the property was willed will be only to the extent of one-third.

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What is wrong with the Muslim Personal Law in India?

indian muslim personal law

But while Indian Muslims might see personal law as vital to their identity as Muslims, the act that made it mandatory for them to follow Muslim personal law — the — was created just 80 years ago in 1937. In mubarat, the outstanding feature is that both the parties desire divorce. Through the Acquisition of Certain Area at Ayodhya Act, 1993, the central government had acquired 67 acres of land in Ayodhya, including the plot of 2. It took till the 19th century for this figure to reach its current status of 100%. A husband may not maintain his wife either because he neglects her or because he has no means to provide her maintenance.


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All India Muslim Personal Law Board

indian muslim personal law

But the Dissolution of Muslim Marriages Act 1939 lays down several other grounds on the basis of which a Muslim wife may get her divorce decree passed by the order of the court. If the pronouncement is not express and is ambiguous then it is absolutely necessary to prove that the husband clearly intends to dissolve the marriage. Therefore, the decree can be passed in her favour only after the expiry of the date for appeal by the husband or after the appeal by the husband has been dismissed by the final court. They are called constructive divorce. The Special Marriage Act, 1954 extends to the whole of India except the State of Jammu and Kashmir, but also applies to the citizens of India domiciled in Jammu and Kashmir. The husband left his father-in-law's house without paying the amount. In 1945 in Umar Bibi v.

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Marriage under Muslim Law

indian muslim personal law

If the wife has crossed the age of menstruation, the pronouncement of it may be made after the interval of a month or thirty days between the successive pronouncements. It can be revoked if: i The husband observes fast for a period of two months, or, ii He provides food at least sixty people, or, iii He frees a slave. After the expiry of fourth month the wife has following rights: i She may go to the court to get a decree of judicial divorce ii She may ask the court to grant the decree of restitution of conjugal rights. Section 10 of the Indian Divorce Act of 1869, states the right of women to apply for the divorce from her husband on certain grounds as mentioned in the section such as adultery, bigamy, desertion, etc. In this line this research paper attempts to analyse the on-going debate on the implications of Muslim Personal Law in India and suggests various solution to empower Muslim women. Earlier, women were not treated as equals to the males and did not have the same rights in the property but after the amendment in the year 2005 they are treated as equal and possess the same right as the males and now they can also become either a Karta or a coparcener after the amendment, of which they did not possess the right earlier.

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(PDF) Rights of Muslim women: An Analysis of Indian Muslim personal Law

indian muslim personal law

The Act lays out that in matters of personal dispute the State shall not interfere. The Hindu Marriage Act of 1955 had codified laws related to marriage among Hindus. But he may also divorce by Ila, and Zihar which differ from talaaq only in form, not in substance. Child Marriage The Child Marriage Restraint Act, 1929, from 1 October 1978, provides that marriage age for males will be 21 years and for females 18 years. Thus, the Hindu law allows the adoption of a child under the Hindu Adoption and Maintenance act, 1956 and every adoption has to take place within the confines of this act and any contraventions of the provisions of this act will be void. Both schools, however, agree that father while alive is the sole guardian.

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Hindu Law and Muslim Personal Laws

indian muslim personal law

The Indian Evidence Act and Muslim laws on Evidence are almost the same. While the Prohibition of Child Marriage Act, 2006 stipulates 18 and 21 years as minimum age for marriage for girls and boys, respectively under the Islamic law, marriage as per Islam is permitted after puberty. The Shariath Application Act is thus to apply Shariath law in these matters discarding any customs and it has no over riding effect over coming the general law of the land. As regards rights of a natural guardian, there is no doubt that father's right extends both to property and person. The board will however, reiterate its stand against the implementation of Uniform Civil Code, as was expressed in its firt meeting with the commission in April last year. It clearly lays down that father's right is primary and no other person can be appointed unless the father is found unfit. Leprosy may be white or black or cause the skin to wither away.

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