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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.
The All India Muslim Personal Law Board issued a code of conduct in April 2017 regarding talaq in response to the controversy over the practice of triple talaq in India. It also warned that those who resort to triple talaq, or divorce recklessly, without justification or for reasons not prescribed under Shariat will be socially boycotted.
Evidence of Muslim personal code can be found since 1206 on the Indian peninsula with the establishment of Islamic rule in parts of the region. [4] 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 Mufti, dealt with cases ...
"Finally, I feel free today," Shayara Bano, who was divorced through triple talaq and was one of five women who brought the case, said after the ruling.
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 ...
Indian Jurisprudence allows for the following the personal law of Muslims in a marriage based on the Muslim Personal Law (Shariat) Application Act. However, there has been several judicial interpretations that have overruled Muslim divorce practices.
India on Wednesday prescribed arrests and jail terms for offenders in a campaign to stamp out instant Muslim divorce, or "triple talaq", as Prime Minister Narendra Modi looks to woo women voters ...
The Indian government’s recent criminalisation of instant 'triple-talaq' divorce has stoked dispute among the very people it purports to protect: Muslim women.