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The 1939 act (Act No. 8 of 1939) is meant to consolidate and clarify the provisions of Muslim Law relating to suits for dissolution of marriage brought by women married under Muslim Law. The act received assent of the Governor-General on 17 March 1939. [3] In Muslim law, the wife can claim divorce under extrajudicial or judicial modes.
Divorce according to Islamic law can occur in a variety of forms, some initiated by a husband and some by a wife. The main categories of Islamic customary law are talaq ( repudiation ), khulʿ (mutual divorce) and faskh (dissolution of marriage before the Religious Court). [ 1 ]
Divorced women are entitled to maintenance from their former husband not only for the iddat period but also to reasonable and fair provisions for future maintenance. S.3 of the Muslim Women (Protection of Rights on Divorce) Act has to be given under the liberal interpretation to help divorced women. K. Zunaideen v. Ameena Begum (1998) 1 ctc 566 ...
In Islamic law (sharia), marriage (nikāḥ نکاح) is a legal and social contract between two individuals. [12] Marriage is an act of Islam [13] and is strongly recommended. [12] [14] Polygyny is permitted in Islam under some conditions, but polyandry is forbidden.
The Status of Women Under Islamic Law and Modern Islamic Legislation. Netherlands: Brill. Tucker, Judith E. (2008). Women, Family, and Gender in Islamic Law. Cambridge: Cambridge University Press. Welchman, Lynn (1998). Women and Muslim Family Laws in Arab States: A Comparative Overview of Textual Development and Advocacy.
Private matters of Muslims are governed by Muslim Law, including marriage, divorce custody and maintenance. Muslim law principles have been codified in the Act No. 13 of 1951 Marriage and Divorce (Muslim) Act; Act No. 10 of 1931 Muslim Intestate Succession Ordinance and Act No. 51 of 1956 Muslim Mosques and Charitable Trusts or Wakfs Act. [194]
Whilst traditional Islamic scholarship upholds the notion that Islamic law permits polygyny and furthermore enforces the divine command to "marry only one" where the man fears being unable to fulfil the rights of two in a fair manner, a substantial segment of the Islamic scholarship elaborates further on the ruling regarding men who are able to ensure complete equality amongst the multiple wives.
This report examined Islamic sources and concluded "adoption can be acceptable under Islamic law and its principal objectives, as long as important ethical guidelines are followed." The study represents a form of independent reasoning (ijtihad) and may raise some awareness and contribute toward shaping a future consensus (ijma) on the issue. [7]