“Hindu Personal Laws” refer to the Hindu laws which are functional throughout India’s colonial period, from the ‘Anglo-Hindu Regulation’ to the ‘Post-independence Contemporary Hindu Regulation’. There was no one canon administering law for India’s different groups, nor was there a Pope or a Shankaracharya whose Commandments could be applied in the country when the British…
The Muslim law is believed to have been derived from the divine. Muslim law or the law of Allah is the part of the family law which is applied only on Muslims. It is a branch of a civil law that is applied by courts in regard to family matters when the parties are Muslims.…
Islam is one of the world’s oldest and most widely practiced religions. The religion arrived in India with the sultanate of Delhi and remained unaltered. India is now a secular republic, with Muslims accounting for more than 15% of the population, who govern themselves according to their own personal laws. Muslim law has evolved from…
The word waqf means ‘detention’. In the legal context, it means permanent dedication of some property for a religious or charitable purpose. The property so alienated is tied up forever and it becomes non-transferable. A waqf can be made either in writing or orally. Section 2 of Mussalman Waqf validating Act, 1913 defines waqf as,…
Islamic laws are derived from the Quran, which is Islam’s holy book, as well as the Sunnah and Hadith which are the deeds and sayings of the Prophet Muhammad. These Islamic laws are called “Sharia”. Sharia acts as the code for living that all Muslims must adhere to. In other words, Sharia is Islam’s legal…
Dower in English Law is defined as the portion which a widow hath of the lands of her husband at his decease, for the sustenance of herself and the education of her children.[1] Marriage in Islam unlike other religions is treated as a social necessity. The purpose of Islamic marriage is the creation of families…
The word waqf means ‘detention’. In the legal context, it means permanent dedication of some property for a religious or charitable purpose. The property so alienated is tied up forever and it becomes non-transferable. A waqf can be made either in writing or orally. Section 2 of Mussalman Waqf validating Act, 1913 defines waqf as,…
The Muslim jurists treat marriage both as a civil contract and a religious duty. Several authors of Anglo-Muhammadan Law apparently under the influence of modern conception of marriage or perhaps by reason of singular characteristics of Muslim Matrimonial Law have defined it as a civil contract. According to them, marriage among Mohammedans is not a…
BACKGROUND: To summarize the situation, Shayara Bano, a victim of domestic violence and dowry harassment, was unilaterally divorced via talaq-e-biddat. She petitioned the Supreme Court, claiming that the Muslim personal law practices of talaq-e-biddat, polygamy, and Nikah Halala were illegal, unconstitutional, and in violation of Articles 14 (equality before the law), 15 (non-discrimination), 21 (right…
Triple talaq is one of the 1400*year old practice among the Muslims. Especially in Sunni Muslims. It is the pronouncement of the word ‘talaq’ three times by a Muslim man in order to divorce his wife. Talaq is an Arabic word meaning divorce. Triple talaq is meant as an instant and irreversible divorce. It is…
