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Muslim Personal Law In India
All the Muslims in India are governed by the Muslim Personal Law (Shariat) Application Act, 1937. This law deals with marriage, succession, inheritance and charities among Muslims. The Dissolution of Muslim Marriages Act, 1939 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 state of Goa, where Goa civil code is applicable for all persons irrespective of religion. These laws are not applicable to Muslims who married under the Special Marriage Act, 1954. History No evidence records administration of Muslim personal law until 1206 on the Indian peninsula, even Muslim invasions took place during this period. During the reign of Mamluk dynasty (1206-1290 A.D), Khalji dynasty (1290- 1321), the Tughlaq dynasty (1321-1413), the Lodi dynasty (1451 - 1526) and the Sur dynasty (1539- 1555), the court of Shariat, assisted by the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dissolution Of Muslim Marriages Act, 1939
The Dissolution of Muslim Marriages Act, 1939 deals with the situations in which Muslim women in India can obtain divorce. Its title and content refer to The Muslim Personal Law (Shariat) Application Act, 1937, which deals with marriage, succession and inheritance among Muslims. The 1939 act (Act No. 8 of 1939) is an act to consolidate and clarify the provisions of Muslim Law relating to suits for dissolution of marriage by women married under Muslim Law. The act received assent of the Governor-General on 17 March 1939. In Muslim law, the wife can claim divorce under extrajudicial or judicial modes. The extrajudicial modes are Talaaq-i-tafweez and Lian. The judicial mode is by Dissolution of Muslim Marriages Act 1939. The act defines the grounds for divorce and the procedure for the purpose. Grounds for divorce Under the act a woman married under Muslim Law shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grounds, (i) t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Aurangzeb
Muhi al-Din Muhammad (; – 3 March 1707), commonly known as ( fa, , lit=Ornament of the Throne) and by his regnal title Alamgir ( fa, , translit=ʿĀlamgīr, lit=Conqueror of the World), was the sixth emperor of the Mughal Empire, ruling from July 1658 until his death in 1707. Under his emperorship, the Mughals reached their greatest extent with their territory spanning nearly the entirety of South Asia. Widely considered to be the last effective Mughal ruler, Aurangzeb compiled the Fatawa 'Alamgiri and was amongst the few monarchs to have fully established Sharia and Islamic economics throughout South Asia.Catherine Blanshard Asher, (1992"Architecture of Mughal India – Part 1" Cambridge university Press, Volume 1, Page 252. Belonging to the aristocratic Timurid dynasty, Aurangzeb's early life was occupied with pious pursuits. He held administrative and military posts under his father Shah Jahan () and gained recognition as an accomplished military commander. Aurang ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hindu Personal Law
Hindu personal laws are the laws of the Hindus as they applied during the colonial period (British Raj) of India beginning from the Anglo-Hindu Law to the post-independent Modern Hindu Law. The British found neither a uniform canon administering law for the diverse communities of India nor a Pope or a Shankaracharya whose law or writ applied throughout the country.Kishwar, Madhu (13 August 1994). Codified Hindu Law: Myth and Reality. Economic and Political Weekly, Volume 29, Number 33, pp.2145-2161. Due to discrepancies in opinions of pandits on the same matter, the East India Company began training pandits for its own legal service leading to the setting up of a Sanskrit College in Banaras and Calcutta, to help them arrive at a definitive idea of the Indian legal system. It is from here that the Hindu Personal Law had its beginnings; and more appropriately so in 1772, when Warren Hastings appointed ten Brahmin pandits from Bengal to compile a digest of the Hindu scriptural law in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Christian Personal Law
Christian Personal Law or family law regulates Adoption, Divorce, Guardianship, Marriage and Succession in India. The provisions of canon law concerning marriage are recognised as the personal law of Catholics in India (except in the state of Goa). Marriages of Indian Catholics (except in the state of Goa) are regulated by the Indian Christian Marriage Act, 1872. Christian Personal Law is not applicable in the state of Goa. The Goa civil code, also called the Goa Family Law, is the set of civil laws that governs the residents of the Indian state of Goa. In India, as a whole, there are religion-specific civil codes that separately govern adherents of different religions. Goa is an exception to that rule, in that, a single secular code/law governs all Goans, irrespective of religion, ethnicity or linguistic affiliation. Adoption Christians in India can adopt children by resorting to section 41 of the Juvenile Justice (Care and Protection of Children) Act 2006 read with the G ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nikah
In Islam, nikah is a contract between two people. Both the groom and the bride are to consent to the marriage of their own free wills. A formal, binding contract – verbal or on paper – is considered integral to a religiously valid Islamic marriage, and outlines the rights and responsibilities of the groom and bride. Divorce in Islam can take a variety of forms, some executed by a husband personally and some executed by a religious court on behalf of a plaintiff wife who is successful in her legal divorce petition for valid cause. In addition to the usual marriage until death or divorce, there is a different fixed-term marriage known as ("temporary marriage") permitted only by the Twelver branch of Shi'ite for a pre-fixed period.Berg, H"Method and theory in the study of Islamic origins" Brill 2003 , 9789004126022. Accessed at Google Books 15 March 2014.Hughes, T"A Dictionary of Islam." Asian Educational Services 1 December 1995. Accessed 15 April 2014.Pohl, F"Muslim worl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mahr
In Islam, a mahr (in ar, مهر; fa, مهريه; tr, mehir; sw, mahari; also transliterated ''mehr'', ''meher'', ''mehrieh'', or ''mahriyeh'') is the obligation, in the form of money or possessions paid by the groom, to the bride at the time of Islamic marriage (payment also has circumstances on when and how to pay). While the ''mahr'' is often money, it can also be anything agreed upon by the bride such as jewelry, home goods, furniture, a dwelling or some land. Mahr is typically specified in the marriage contract signed upon marriage. "Dower" is the English translation that comes closest to Islamic meaning of mahr, as "dower" refers to the payment from the husband or his family to the wife, especially to support her in the event of his death, although subsequent to marriage the wife also acquires inheritance rights. However, mahr is distinct from dower in two ways: 1) mahr is legally required for all Islamic marriages while dower is optional, and 2) mahr is required to be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Quran
The Quran (, ; Standard Arabic: , Classical Arabic, Quranic Arabic: , , 'the recitation'), also romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a revelation in Islam, revelation from God in Islam, God. It is organized in 114 surah, chapters (pl.: , sing.: ), which consist of āyah, verses (pl.: , sing.: , construct case, cons.: ). In addition to its religious significance, it is widely regarded as the finest work in Arabic literature, and has significantly influenced the Arabic language. Muslims believe that the Quran was orally revealed by God to the Khatam an-Nabiyyin, final prophet, Muhammad in Islam, Muhammad, through the archangel Gabriel incrementally over a period of some 23 years, beginning in the month of Ramadan, when Muhammad was 40; and concluding in 632, the year of his death. Muslims regard the Quran as Muhammad's most important miracle; a proof of his prophethood; and the culmination of a series of divine message ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
President Of India
The president of India ( IAST: ) is the head of state of the Republic of India. The president is the nominal head of the executive, the first citizen of the country, as well as the commander-in-chief of the Indian Armed Forces. Droupadi Murmu is the 15th and current president, having taken office from 25 July 2022. The office of president was created when India officially became a republic on 26 January 1950 after gaining independence on 15th August 1947, when its constitution came into force. The president is indirectly elected by an electoral college comprising both houses of the Parliament of India and the legislative assemblies of each of India's states and territories, who themselves are all directly elected by the citizens. Article 53 of the Constitution of India states that the president can exercise their powers directly or by subordinate authority (with few exceptions), though all of the executive powers vested in the president are, in practice, exercised by t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Muslim Women (Protection Of Rights On Marriage) Act, 2019
The Muslim Women (Protection of Rights on Marriage) Act, 2019 is an Act of the Parliament of India criminalising triple talaq. In August 2017, the Supreme Court of India declared triple talaq, which enables Muslim men to instantly divorce their wives, to be unconstitutional. The minority opinion suggested the Parliament to consider appropriate legislation governing triple talaq in the Muslim community. In December 2017, citing the Supreme Court judgment and cases of triple talaq in India, the government introduced The Muslim Women (Protection of Rights on Marriage) Bill, 2017. The bill proposed to make triple talaq in any form—spoken, in writing, or by electronic means—illegal and void. Punishment for breach of the law was proposed to include up to three years imprisonment for the husband pronouncing triple talaq. The bill was passed by the Lok Sabha, the lower house of the Parliament of India, on the same day, but was stalled by the opposition in the Rajya Sabha, the upper ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of India
The Supreme Court of India ( IAST: ) is the supreme judicial authority of India and is the highest court of the Republic of India under the constitution. It is the most senior constitutional court, has the final decision in all legal matters except for personal laws and interstate river disputes, and also has the power of judicial review. The Chief Justice of India is the Head and Chief Judge of the Supreme Court, which consists of a maximum of 34 judges, and has extensive powers in the form of original, appellate and advisory jurisdictions. New judges here are uniquely nominated by existing judges and other branches of government have neglible say as the court follows collegium system for appointments. As the apex and most powerful constitutional court in India, it takes up appeals primarily against verdicts of the High Courts of various states of the Union and other courts and tribunals. It is required to safeguard the fundamental rights of citizens and settles dispute ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Triple Talaq In India
''Triple talaq'' (instant divorce) and ''talaq-e-mughallazah'' (irrevocable divorce) are now banned means of Islamic divorce previously available to Muslims in India, especially adherents of Hanafi Sunni Islamic schools of jurisprudence. A Muslim man could legally divorce his wife by proclaiming three times consecutively the word ''talaq'' (the Arabic word for "divorce") (in spoken, written or, more recently, electronic form). The use and status of triple talaq in India has been a subject of controversy and debate. Those questioning the practice have raised issues of justice, gender equality, human rights and secularism. The debate has involved the Government of India and the Supreme Court of India, and is connected to the debate about a uniform civil code (Article 44) in India. On 22 August 2017, the Indian Supreme Court deemed instant triple talaq (''talaq-e-biddah'') unconstitutional. Three of the five judges in the panel concurred that the practice of triple talaq is unconst ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Khula
Khulʿ ( ar, خلع), also called khula, is a procedure through which a woman can give a divorce to her husband in Islam, by returning the dower (''mahr'') or something else that she received from her husband or without returning anything, as agreed by the spouses or Qadi’s (court) decree depending on the circumstances. Based on traditional fiqh, and referenced in the Qur'an and hadith, khul' allows a woman to initiate a divorce. In terms, breaking the marriage relationship with the wife's willingness to pay iwald (compensation) to the owner of the contract, namely the husband. Origins in texts Qur'an From the "Sahih International" translation of the Qur'an. Divorce is twice. Then, either keep erin an acceptable manner or release erwith good treatment. And it is not lawful for you to take anything of what you have given them unless both fear that they will not be able to keep ithinthe limits of Allah. But if you fear that they will not keep ithinthe limits of Allah, then ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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