Such Muslim personal law on part of BJP leadership are just for sayings sake, are opportunistic ones' meant for electoral purpose only. In her case, adequate maintenance was not the issue; she went on to challenge the very provision of instantaneous triple talaq talaq-e-bidat and two other evils associated with it — polygamy and nikah halala a debased practice that forces divorced women willing to go back to their husbands to consummate a second marriage before returning to the original fold.
It would also be open to a Muslim to transfer his entire property during his lifetime by way of a gift to any person, unless the gift is a marz ul maut death bed gift. Ironically, the Act was named Muslim Women Protection of Rights in Divorce Act, where as it actually undermined the very rights the Muslim women had been granted by the Supreme Court in its Shah Bano judgement the previous year.
Queries and views at. Similarly in keeping with the Quranic injunctions, Malaysia has imposed stringent preconditions in the case of polygamous marriage and further in progressively interpreting the Quran, Turkey criminalised polygamy in and Tunisia banned it inboth predominantly Muslim States.
That is why Rajiv Gandhi, the then prime minister, who had initially supported the Supreme Court judgement and had fielded Arif Mohammad Khan, a progressive Muslim MP, to defend the decision on the floor of Parliament, later changed his stance when he came to realise that his party would lose the major chunk of the Muslim vote bank.
The need for reform, in my view, rests on all these factors. A person can bequeath a property, even if he does not possess it at the time of writing the will, but has it in his possession at the time of death. The Indian legal system has characteristics of common lawbut is codified and thus is actually more similar to civil law in nature.
It is within the district courts that Hindu law and other religious laws are administered. The societal outcome is, however, likely to be different in both the cases on several counts: Many Muslim majority countries have raised the minimum age of marriage.
In India Hamid Dalwai, the social reformer was among the first one to raise his voice against this.
There are reports in the public domain, which indicate that the Saleem Marsoof Committee is still working on after almost 7 years of its establishment.
Although he can make a will asserting the fact that heir 1 will receive the asset, it will not be valid unless, after his death, heir 2 is willing to sign over the rights to heir 1.
ACJU, as it claims itself, might be able to provide some guidance or opinion but to let them decide for all of us would only lead to putting the community in a pre-modern, time-warp.
The Hindu Code Bill. While the Triple Talaq as a concept in Islamic practice has various limitations, the interval at which the word talaq can be pronounced is well defined; the process of mediation which must be brought in the interim period is the core part of Islamic practice.
The Legal Systems of Asia and Africa.
The remaining two-thirds will, by law, go to their heir or heirs, equally shared between them. And what is the life of this world except the enjoyment of delusion. Known as the Medical Termination of Pregnancy Actthe law allowed Indian women to legally obtain abortions.
With the funeral expenses added to it, say, Rs. This is an important call, which the Muslim community should respect. Gold prices fall to six-week low in India, demand picks up Is it true that a Muslim can bequeath only one-third of his property through a will? The implementation of this MMDA is riddled with a host of constraints, in particular discrimination meted out to Muslim women since its enactment.
It cannot — and should not — be interpreted to provide inequalities between men and women. History[ edit ] There is no proof for administration of Muslim personal law until in Indian peninsula, even though there were Muslim invasions during this period. The ongoing process of constitution making which should also address the issues of women and children and help empower these vulnerable segments of the society is the second, yet pre-eminent benchmark.
If it is made to an heir, it is invalid unless consent of heirs is obtained after death of testator, in which case it is valid.explain and clarify Muslim women maintenance in Muslim Personal law.
Introduction: The dictionary meaning of the word nafah (maintenance) is the money someone given to a person that they are legally responsible for, in order to pay for their food, clothes, and.
Islamic Personal Law or Muslim Family Law is considered the most important area of the Shariah as it is the only law that is implemented in Muslim majority countries, whether they are declared Islamic states or are secular. Muslim Personal Law synonymous with the Arabic muamalat, which means rules and regulations of social life, or the rules that regulate the day to day life of a person.
In other words, the rules that a person should follow in his/her personal and social life are collectively called 'muamalat' or social law. Some of the Urdu journalists dismayed over the recent developments in All India Muslim Personal Law Board have written an open letter to Maulana Wali Rahmani, the general secretary of All India Muslim Personal Law Board, asking him, through social media, to explain and clarify the accusations of a ‘deal’ which culminated in an MLC seat gifted to his close aide and an Urdu journalist.
Muslim personal law in India came into force in This Shariah Application Act was passed aiming to formulate an Islamic law code for Indian Muslims. The Britishers who were ruling at that time were trying to ensure that Indians be ruled according to their own cultural norms.
The Book titled Muslim Personal Law authored by Dr. Hashim al-Mahdi, published by Ta-Ha Publishers Ltd, London, is a timely written book because it deals with Muslim personal law which had its source in Shari’ah.
Doctrinal Development of Islamic Personal Law.Download