Indian muslim personal law. The Concept of Divorce under Muslim Law 2019-01-06

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Muslim personal law in India

indian muslim personal law

In mubarat, the outstanding feature is that both the parties desire divorce. By the Indian Succession Amendment Act, 1991 51 of 1991 , the Act was amended to provide equal shares for both sons and daughters in their parental properties, irrespective of the fact that it was that of the father or that of the mother. A permanent delegation of power is revocable but a temporary delegation of power is not. Consent of heirs to a bequest must be secured after the succession has opened and any consent given to a bequest during the lifetime of the testator can be retracted after his death. It was felt that section 32 of the principal Act is discriminatory to widows and as such the proviso to section 32 was omitted to remove discrimination in this regard. The Congress government which was then in power, passed the Muslim Women Protection of Rights on Divorce Act , which made it necessary for the husband to pay alimony to his wife, but only during the period of iddat, that is 90 days after divorce.

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Muslim Personal Law

indian muslim personal law

In the early 20th century, some villages in western Java and the Malay peninsula had divorce rates as high as 70%. If the wife wants to seek a matrimonial relief qua foreign marriage which took place in the year 1966 as per the provisions of British Marriage Act, she has no remedy available under the Mohammedan Law. Creating a Muslim identity By then, a new kind of Muslim politics was emerging: one that spoke the language of modern nationalism and intended to carry the masses along. This law was amended subsequently with the object of improving rights of widows and it was provided that where the intestate dies leaving behind his widows and it was provided that where the intestate dies leaving behind his widow and no lineal descendant and the net value of the estate does not exceed Rs 5,000, the widow would be entitled to the whole of this property. Faizur Rahman claims that a majority of Muslim followed Muslim law, not the Hindu civil code.

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Muslim Personal Law

indian muslim personal law

However, the Act does not apply to members of any scheduled tribes unless the Central Government by notification in the official Gazette otherwise directs. Section 5 of Shariat Act of 1937 concerns with Muslim women seeking dissolution of her marriage. Ila: Besides talaaq, a Muslim husband can repudiate his marriage by two other modes, that are, Ila and Zihar. The Bill is currently on hold, faced with stiff opposition from Muslim clerics and Muslim women as well. It may be curable or incurable.

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Hindu Law and Muslim Personal Laws

indian muslim personal law

The Shias recognize only the express and the delegated forms of talaaq. There are abundant of reasons behind very low literacy among Muslim women but the main reasons include poverty, household works, preference to male child, early age or child marriage etc. As regards the age at which the right of mother to custody terminates, the Shia school holds that mother's right to the Hizanat is only during the period of rearing which ends when the child completes the age of two, whereas Hanafi school extends the period till the minor son has reached the age of seven. In 2003, the Supreme Court had ordered that the status quo be maintained with regard to the acquired 67 acre of land around the disputed site. Talaaq: Talaaq in its primitive sense means dismission.

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Hindu Muslim Christian Personal Laws in India Article

indian muslim personal law

During the reign of Slave dynasty 1206-1290 A. This position becomes further clear from Section 29 of the Foreign Marriage Act by which the provisions of Special Marriage Act, 1954 stand amended. However, it is only a voluntary and aggressive charge of adultery made by the husband which, if false, would entitle the wife to get the wife to get the decree of divorce on the ground of Lian. The Hindu Marriage Act of 1955 had codified laws related to marriage among Hindus. The next step is to divide the residue if any among such of the residuries as are entitled to the residue.


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Muslim Personal Law Board Calls Govt Petition for Ayodhya Land Misleading, Fraud

indian muslim personal law

The word 'Parsi' is defined in the Act as a Parsi Zoroastrian. Generally this done by talaaq. The Board was in the headlines for its opposition to the live video conference of author to the in January 2012. Thus where under an agreement it is stipulated that in the event of the husband failing to pay her maintenance or taking a second wife, the will have a right of pronouncing divorce on herself, such an agreement is valid, and such conditions are reasonable and not against public policy. But under Shia law marriage with a woman who is undergoing Iddat is void.

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A short history of Muslim personal law in India

indian muslim personal law

Natural guardian for both boys and unmarried girls is first the father and then the mother. The wife exercised the right and divorced herself. While Shia law does not perceive the standard of abatement. The codicil is an instrument made in relation to a Will, explaining, altering or adding to its dispositions and is deemed to be a part of the Will. The commission made it clear that it will not examine the issues of and among Muslims since the matters are sub-judice. Faizunnisa, 1812 8 Cal 327. The following verse is in support of the husband's authority to pronounce unilateral divorce is often cited: Men are maintainers of women, because Allah has made some of them to excel others and because they spend out of their property on their maintenance and dower.

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Muslim Personal Law

indian muslim personal law

These can be the custom or the legislation that has been followed for a long period of time and these are the laws from where these religions have also derived their grundnorm Basis and the law on these have developed and evolved. As we know a large part of Muslim Personal Law is still uncodified and most of the legal decision pronounces by the courts based on the norms mentioned in Quran and hadith. But in some occasions this evil becomes a necessity, because when it is impossible for the parties to the marriage to carry on their union with mutual affection and love then it is better to allow them to get separated than compel them to live together in an atmosphere of hatred and disaffection. Succession The Indian Succession Act was enacted in 1925. Judicial divorce The category of extra judicial divorce can be further subdivided into three types, namely, By husband- talaaq, ila, and zihar.

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