It confers a status of husband and wife on the parties to marriage and it confers a status of legitimacy. If both husband and wife are muslims and residents in the uae, shariauae law will most likely be applied to their divorce. The concept of divorce under muslim law legal service india. Bare act, law notes and law articles related to muslims and muslim law. Muslim women protection of rights on divorce act, 1986 pdf download. In personal cases, courts are required to work with the personal laws when the issue is not being covered by any statutory law. Section 2 of the act recognizes the following modes of divorce by a muslim wife.
Muslim personal laws in nigeria, that muslim personal laws are often referred to as. Islam therefore, insists upon the subsistence of a marriage and prescribes that breach of marriage contract. It is provided that wife is entitled to maintenance only during the continuance of marriage and not after it. Applicability of muslim law in india muslim personal law. The personal laws play a vital role in governing the conflicting interest of the individuals. Firm union of the husband and wife is a necessary condition for a. Muslim family affairs in india are governed by the muslim personal law shariat application act, 1937 often called the muslim personal law. Pdf, 100 kb personal status questions dubai courts pdf.
Muslim husband cannot divorce his wife and take her back as he pleases. In simpler terms, the shariat law is basically governed by the provisions of the quran, and the teachings of the prophet mohammad. Divorce law and practices among musilms department of justice. Due to its largely uncodified nature, we must look at the sources of muslim personal law to understand it. The all india muslim personal law board aimplb is a nongovernment organisation constituted in 1973 to adopt suitable strategies for the protection and continued applicability of muslim personal law in india, most importantly, the muslim personal law shariat application act of 1937, providing for the application of the islamic law code of shariat to muslims in india in personal affairs. However, divorce through personal sharia law has to be under the scrutiny of quazi, mostly guided under the regulations of all india muslims personal law board aimplb. Shaffie established ijmaa as an important source of muslim law and gave validity to custom of the people of islam following more to the method of hanafi school. Islam is one of the oldest major religions in the world. Marriage and divorce in islam ahmad bello dogarawa, ahmadu bello university, zaria page 1 of 28 1.
As per these laws one can discerns about the non uniformity of the personal laws. Signature proforma for ladies signature proforma for gents. Introduction all over the civilized world, marriage is a very important social institution. In the dissolution of muslim marriages act, 1939 viii of 1939, in section 2. Introduction marriage has been ordained by allah as the correct and legal way to produce children and replenish the earth. Specially, muslim women rights relating to triple talaq divorce, inheritance,maintenance has got much attention now a days. Under the muslim law a marriage is dissolved either by the death of the husband or wife, or by divorce. Pdf today, the issues of women rights in muslim personal law is highly controversial. Code of muslim personal laws 5 on marriage to whom does the provision on marriage and divorce apply. It was one of the first acts to be passed after the government of india act 1935 became operational, introducing provincial autonomy and. After the death of a wife, the husband may remarry immediately. What exactly is the muslim personal law, how did it originate and why has the indian government faced difficulties in granting equality of marital status to indian muslim women, these are questions that.
Talaq, ila, zihar, talaq ul sunnat, talaq ul biddat, khula, mubarat. Marriage and divorce in islam munich personal repec. An act relating to muslim marriages and divorces and their registration. Firm union of the husband and wife is a necessary condition for a happy family life. This leaflet set out the form of divorce available under muslim personal laws in nigeria, where the malik school of law is followed. The separate marriage and divorce laws of 1948 and 1962 governing the muslim communities translated in islamic marriage and divorce laws of the arab world. In india, muslims personal laws are governed by the shariat law. Muslim law recognized two forms of divorce by mutual consent khul or khula divorce at the request of. Whether considered as a sacrament or a contract marriage gives rise to status1. But the widow cannot remarry before a certain specified period called iddat expires. The muslim women protection of rights on divorce act, enacted in 1986.
Muslim women protection of rights on divorce act 1986. Today, the issues of women rights in muslim personal law is highly controversial. The dissolution of muslim marriagesact, 1939 an act to consolidate and clarify the provisions of muslim law relating to suits for dissolution of marriage by women married under muslim law and to remove doubts as to the effect of the renunciation of islam by a married muslim. This act may be cited as the muslim marriage and divorce act.
In his commentary on the holy quran, maulana mohammad ali has said. In this article, syeda muneera ali of kiit school of law discusses top five judgments on legal rights of muslim women in india. There are eight kadhis courts in kenya, presided over by a chief kadhi or. Finding islamic family law islamic family law research. The supreme court has observed that with this judgment the distinction between the muslim personal law and civil procedure code will come to an end. The subtext of all personal laws, regardless of religion, is that women are not equal to men. The muslim personal law shariat application act 1937 is the special statute. All the muslims in india are governed by the musli m perso n al law shariat application act, 1937. Th is law deals with marriage, succession, inheritance and charitie s among muslims. In india in personal matters, there is no national or regional law. Divorce the dissolution of a marriage in muslim personal.
A muslim husband is obliged to maintain his divorced wife only up to the period of iddat and thereafter, his liability is over. The case study undertaken here is specifically the muslim community s constitutionallysanctioned personal law mpl. The muslim personal law shariat application act, 1937 makes the muslim personal law applicable to muslims residing in india. Some more recent developments pertaining to the resolutions passed by the muslim personal law board and other parallel organisations have been noted and discussed. Talaqitafweez islam gave wife a right to initiate the process to come out of marital bond or seek for divorce on the grounds recognized under muslim law or shariya law. A slight discussion shall be made regarding the contemporary law in vogue and at the end of this paper the findings of the study shall be presented. Islamic law is applied by kadhis courts where all the parties profess the muslim religion in suits relating to questions of muslim law relating to personal status, marriage, divorce or inheritance. In the same way the muslim personal laws are also based on the proclamations of holy quran which govern the muslims. Pdf guardianship under muslim family law azeem mian. Under the muslim personal law a suit has been filed by the husband or wife on withdrawal from the society of other without lawful ground. The dissolu tion of muslim marriages act, 1939 deals with the circumstances in whic h muslim women can obta in divorce and righ ts of muslim women who have been divorced by their husbands and to provide for related. Marriages and divorces taking place outside the city of banjul, etc. The talaqu lhasan, or laudable divorce, is when the husband repudiates an enjoyed wife by three sentences of divorce, either express or metaphorical, giving one sentence in each tuhr, or period of purity.
How muslim women can divorce her husband as per muslim law. Muslim marriages it is easier for women to initiate divorce than in. The law notes here are precise, short and related to topics like marriage, divorce, separation etc in muslims. In other words, the rules that a person should follow in hisher personal and social life are collectively called muamalat or social law. Muslim personal laws in nigeria are often referred to as sharia. Quiyas or analogy is the contribution of imam shaffie to muslim law. They, therefore, discriminate against women in marriage, inheritance and guardianship of children. The muslim personal law shariat application act, 1937. Mpl has not been without criticisms both from outside and within the community, particularly in respect of gendered disadvantages that arise within the provisions safeguarding the practices, which cover marriage.
A law lecture in hindi on the kinds of muslim talaqs that are available to both partners under muslim personal laws in india. This also helps in understanding various customs of islam relating to marriage, divorce, succession, etc. According to section 51 of the law of marriage compiled by all india muslim personal law board. It further provides that the district judge may on a petition made by a muslim married woman, dissolve a marriage on any ground recognised by muslim personal law i. The muslim personal law shariat application act, 1937 a look into shariat law muslim personal law. For instance, lets take a brief look at hindu personal law. However, indian constitution has guaranteed equality. The family is the basic unit of an islamic nation or society. It provides how much of the law of shariath is applicable to muslims in india. The same is likely if the husband is a muslim and the woman a non muslim.
According to the dissolution of marriage act 1939 under what circumstance a muslim woman can get divorce discuss in detail. Specially, muslim women rights relating to triple talaq divorce. The new second edition of this very popular work has been thoroughly revised and updated with case law brought uptodate. The shariat act, the dissolution of muslim marriage act, 1986, the muslim women protection and rights on divorce act, etc. But the judgment has even increased the controversy as a result of which the legislatures have to make a new law to govern muslim divorce i.
The leaflet also discusses the conditions and consequences of each type of divorce in muslim personal laws. One can also see the portions of the ottoman legislation of 1917, adopted in lebanon 19411962, sections of which are translated in statutes of personal law in islamic countries. In ila, the husband swears by god not to have sexual intercourse with his wife. Show full abstract the mflalic, 1941 and case law in relation to the rights of muslim women after divorce and its procedures by referring to cases decided in the provincial courts pcs and.
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