763:
176:
Indian's relationship with politics and the law was indeed determined by these social measures; the
Fundamental Rights Constitution was passed and intended to reverse this concept that an individual could be limited based upon caste, religion, economic status, etc. However, the new standards laid out in the Constitution have not come to fruition in society, even 6 years after the passing of the act. Aspects of gender, caste and religion are still determinants of political influence and access to resources.
218:
but was given only Rs. 200 per month upon the separation agreement. No contribution was ever made to her, and she decided to seek legal counsel as a result. Khan very clearly dictated the purpose of the divorce by deciding exactly how much to award Shah Bano with, when to award her and how to do it. By finally deciding to enter into the legal system, Bano shows her pursuit of other interests and the conflict related to Muslim domestic life.
366:
The wife gets one-eighth of the share if there are children and one-fourth of the share if there are no children. In case the husband has more than one wife, the one-eighth share is divided equally among them. The husband gets one fourth of the share of his dead wife's property, if there are children
217:
The Shah Bano case of 1978 is related to these discriminatory provisions. A woman named Shah Bano was married to a man named
Mohommed Ahmed Khan. Khan fathered several children with a second wife and Shah bano was forced out of the home; she initially sought a maintenance order for Rs. 500 per month,
207:
Recent debates related to Muslim
Personal Law (MPL) are particularly in favor of abolishing the existing legal system for several reasons. It is said that the current organization of MPL in place discriminates against women in three distinct ways; they are that 1) a Muslim man is allowed to marry up
179:
The
Shariat Application Act was enacted by the British government in India in 1937, and, after India became independent from Britain, the Shariat Act (MPL) was maintained in Indian society. The law was originally introduced as a matter of policy by the British government, but upon independence MPL
175:
India's achievement of independence from the
British was meant to show about significant change in the regular life of Indians. Previously under British rule, Indian society was defined by social collectives, caste and religious identity, with a lack of focus on citizenship and the individual. An
208:
to four wives at a time, 2) he can divorce his wife without entering into any legal processes, and 3) he does not need to provide financial support to his ex-wife after three months of the divorce, whereas men of other religions are likely required to support their ex-wives forever.
306:
Section 5 of the
Shariat Act of 1937 concerns Muslim women seeking divorce. Section 5 was subsequently deleted and replaced by Dissolution of Muslim Marriages Act 1939. Muslim women can seek divorce in a court of law. A woman can ask for divorce in the following circumstances:
496:
147:"in all suits regarding inheritance, succession, marriage and caste and other religious usages or institutions, the laws of the Quran with respect of Mohamedan and those of the Shastras with respect to Gentoos (Hindus) shall be invariably adhered to."
180:
became significant to Muslim identity and religion. This primary aspect of religion has created controversy across both Muslim communities and Hindu political organizations. The Indian
Parliament passed Hindu Code Bills, consisting of
823:
47:
deals with the circumstances in which Muslim women can obtain divorce and rights of Muslim women who have been divorced by their husbands and to provide for related matters. These laws are not applicable in the states of
587:
488:
793:
370:
If the parent has more than one daughter, only two-thirds of the property is divided equally among daughters. If the parent has only one daughter, half of the parent's property is inherited by her.
454:
270:
815:
292:
on three separate instances, each one at least 1 lunar month apart. If the husband changes his mind after the first or second talaq, or cohabits with his wife, the divorce is nullified.
594:
755:
619:
886:
72:
Evidence of Muslim personal code can be found since 1206 on the Indian peninsula with the establishment of
Islamic rule in parts of the region. During the reign of
642:
785:
459:
43:
373:
The mother gets one-sixth of her dead child's property if there are grandchildren, and one-third of the property if there are no grandchildren.
226:
In India, Muslim marriage is a civil contract between a man and a woman. Dissolution of marriage can be done at the instance of the husband (
923:
100:'s regime, the powers of the court were restricted and Muslim law was modified to suit the requirements of the times. During the regime of
212:
193:
189:
167:
The
British Raj passed Shariat Act in 1937 is followed in India in matters related to marriage, divorce and succession among Muslims.
547:
139:
Under the East India company, Muslim Law was enforced except when
Muslims left the disputes to be determined according to Hindu
335:
if the husband associates with women of evil repute or leads an infamous life or attempts to force her to lead an immoral life
928:
277:
illegal, void, and cognizable offence, came into effect retroactively from 19 September 2018 after being given assent by the
682:
Patel, Razia (2009). "Indian Muslim Women, Politics of Muslim Personal Law and Struggle for Life with Dignity and Justice".
882:
198:
Those who practised Sikhism, Jainism, and Buddhism were considered to be Hindus under the jurisdiction of the Code Bill.
31:
853:
634:
526:
449:
376:
Parents, children, husband and wife all cases, get shares, whatever may be the number or degree of the other heirs.
61:
127:'s regime, cutting of noses and ears and death penalty could not be inflicted without the Emperor's permission.
933:
410:
which is given to the wife when the marriage has ended, either due to the death of the husband or by divorce.
439:
262:
73:
348:; or carries out any other ground recognised as valid for the dissolution of marriages under Muslim law.
247:
392:
is the total money or property that the husband is required to give the wife at the time of marriage (
326:
if the husband has been insane for two years or is suffering from leprosy or virulent venereal disease
185:
691:
464:
444:
278:
181:
613:
197:
338:
if the husband disposes of her property or prevents her exercising her legal rights over it
557:
332:
if the wife has been given in marriage by her father or guardian before she reached age 15
81:
41:. This law deals with marriage, succession, inheritance and charities among Muslims. The
123:' powers were reduced and shattered the dominance of the orthodox Sunni school. During
101:
97:
77:
53:
341:
if the husband obstructs her in the observance of her religious profession or practice
917:
709:
344:
if he has more than one wife, or does not treat her equitably in accordance with the
152:
60:. These laws are not applicable to Indians, including Muslims, who married under the
593:. Journal of Dharma: Dharmaram Journal of Religions and Philosophies. Archived from
85:
17:
816:"Triple Talaq verdict: What exactly is instant divorce practice banned by court?"
261:
at once and proclaiming instant divorce as valid method. On 22 August 2017, the
89:
57:
329:
if the husband treats the wife with cruelty, even if absent physical violence
242:). Talaq allows a Muslim man to legally divorce his wife by stating the word
739:
A Rallying Cry for Muslim Personal Law: The Shah Bano Case and Its Aftermath
552:
418:
A Muslim can only give one third of his/her total property through a will (w
320:
if the husband has failed to perform his marital obligations for three years
128:
115:(religious scholars) had considerable influence on legal decisions. During
363:
A son gets double the share of the daughter wherever they jointly inherit.
317:
if the husband has been sentenced to imprisonment for seven years or more
124:
845:
695:
518:
323:
if the husband was impotent at the time of marriage and remains impotent
108:
406:
which is given to the wife soon after the marriage, and the deferred
56:
is applicable for all persons irrespective of religion and state of
669:
Personal Law and Citizenship in India's Transition to Independence
394:
345:
234:
228:
120:
116:
104:
93:
314:
if the husband has not provided for her maintenance for two years
388:
156:
96:, dealt with cases involving personal law among Muslims. During
311:
if whereabouts of the husband has not been known for four years
786:"Hanafi jurisprudence sanctions triple talaq - Times of India"
489:"Shariat and Muslim Personal Law: All your questions answered"
281:
on 31 July 2019 and women can filed case against it in court.
49:
710:"Polygamy: Muslim women in India fight 'abhorrent' practice"
588:"History of the Evolution of Muslim Personal Law in India"
455:
Muslim Women (Protection of Rights on Marriage) Act, 2019
271:
Muslim Women (Protection of Rights on Marriage) Act, 2019
143:. The Regulation 11 of .1772 by Sec. 27 enacted that
92:(1539- 1555), the court of Shariat, assisted by the
883:"A Muslim Woman's Right To Property In Islamic Law"
299:to his wife or a third person by agreement, called
39:
Muslim Personal Law (Shariat) Application Act, 1937
635:"A short history of Muslim personal law in India"
482:
480:
846:"The Dissolution of Muslim Marriages Act, 1939"
750:
748:
519:"the Dissolution of Muslim Marriages Act, 1939"
145:
581:
579:
577:
575:
37:All the Muslims in India are governed by the
8:
618:: CS1 maint: multiple names: authors list (
295:The husband can delegate power to pronounce
430:Any type of property can be given as gift.
662:
660:
131:ordered the compilation of a code of law.
111:, the earlier laws were followed, and the
877:
875:
873:
871:
460:Dissolution of Muslim Marriages Act, 1939
44:Dissolution of Muslim Marriages Act, 1939
27:Set of laws that govern Muslims in India
476:
856:from the original on 26 September 2019
611:
367:and one-half if there are no children.
766:from the original on 12 December 2019
499:from the original on 11 December 2017
7:
889:from the original on 31 October 2019
732:
730:
645:from the original on 4 November 2017
633:Daniyal, Shoaib (4 September 2017).
30:For the law in the Philippines, see
826:from the original on 14 August 2019
822:. Hindustan Times. 22 August 2017.
796:from the original on 26 August 2018
487:Rooychowdhary, Arija (4 May 2016).
213:Mohd. Ahmed Khan v. Shah Bano Begum
194:Hindu Adoptions and Maintenance Act
190:Hindu Minority and Guardianship Act
760:uk.practicallaw.thomsonreuters.com
25:
529:from the original on 2019-09-26
288:, where the husband pronounces
246:. Some Muslim groups recognize
548:"Maintenance for Muslim women"
1:
684:Economic and Political Weekly
556:. 2000-08-07. Archived from
32:Code of Muslim Personal Laws
924:Law about religion in India
907:mulla mohammaden law vol. 3
284:Other Muslim groups follow
950:
450:Special Marriage Act, 1954
210:
159:Muslims to their own law.
62:Special Marriage Act, 1954
29:
756:"Practical Law UK Signon"
273:, which declared instant
155:recognized the right of
440:Christian personal law
269:unconstitutional. The
265:deemed instant triple
263:Supreme Court of India
149:
88:(1451 - 1526) and the
929:Islamic jurisprudence
586:Rahiman, Abdul, K.K.
398:). The two types of
358:Rules of inheritance
222:Marriage and divorce
186:Hindu Succession Act
762:. Thomson Reuters.
667:Newbigin, Eleanor.
600:on 23 November 2018
560:on 26 November 2016
18:Muslim Personal Law
820:hindustantimes.com
792:. 23 August 2017.
790:The Times of India
495:. Indian Express.
493:The Indian Express
465:Uniform civil code
445:Hindu personal law
279:president of India
182:Hindu Marriage Act
135:East India Company
80:(1290- 1321), the
257:), stating three
171:Independent India
84:(1321-1413), the
76:(1206-1290 A.D),
16:(Redirected from
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301:talaq-e-tafweez
238:) or mutually (
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203:Current Debates
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82:Tughlaq dynasty
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35:
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255:talaq-i-biddat
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211:Main article:
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78:Khalji dynasty
74:Mamluk dynasty
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54:Goa civil code
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690:(44): 44–49.
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903:
891:. Retrieved
858:. Retrieved
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828:. Retrieved
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768:. Retrieved
759:
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718:. Retrieved
716:. 2022-05-09
713:
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677:
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647:. Retrieved
638:
628:
602:. Retrieved
595:the original
562:. Retrieved
558:the original
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531:. Retrieved
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501:. Retrieved
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102:Mughal kings
86:Lodi dynasty
71:
42:
38:
36:
402:the prompt
353:Inheritance
192:(1956) and
163:British Raj
119:'s regime,
90:Sur dynasty
58:Uttarakhand
918:Categories
893:2 December
885:. Makaan.
860:2 December
830:2 December
800:2 December
770:2 December
720:2022-10-10
649:2 December
604:1 December
564:1 December
533:2017-12-01
503:1 December
471:References
639:Scroll.in
553:The Hindu
232:), wife (
129:Aurangzeb
98:Sher Shah
887:Archived
854:Archived
824:Archived
794:Archived
764:Archived
714:BBC News
696:25663732
643:Archived
614:cite web
527:Archived
497:Archived
434:See also
400:mahr are
196:(1956).
188:(1956),
184:(1955),
141:Saastras
125:Jehangir
52:, where
248:triple
240:mubarat
109:Humayun
68:History
694:
420:asiyat
290:talaqs
259:talaqs
121:Ulemas
113:ulemas
692:JSTOR
598:(PDF)
591:(PDF)
408:mahr,
395:Nikah
346:Quran
297:talaq
275:talaq
267:talaq
250:talaq
244:talaq
235:khula
229:talaq
117:Akbar
105:Babur
94:Mufti
895:2017
862:2017
832:2017
802:2017
772:2017
651:2017
620:link
606:2017
566:2017
505:2017
426:Gift
414:Will
404:mahr
389:Mahr
382:Mahr
253:(or
157:Shia
107:and
422:).
50:Goa
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