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The Act was passed by the Rajiv Gandhi government, with its absolute majority, to nullify the decision in the Shah Bano case, [1] [2] [3] and diluted the secular judgement of the Supreme Court. It is administered by any magistrate of the first class exercising jurisdiction under the Code of Criminal Procedure, 1973 .
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 ]
The case caused the Congress government, with its absolute majority, to pass the Muslim Women (Protection of Rights on Divorce) Act, 1986, which diluted the judgment of the Supreme Court and restricted the right of Muslim divorcées to alimony from their former husbands for only 90 days after the divorce (the period of iddah in Islamic law).
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.
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.
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]
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 ...
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.