provisions of the Code remain fully applicable to the Muslims, notwithstanding the controversy resulting from the Shah Bano case and the enactment of the Muslim Women (Protection of Rights on divorce) Act, 1986.… Read More A Muslim father to maintain his minor children governed by Cr.P.C- Muslim Women (Protection Or Rights On divorce) Act, has no application.
Dr. Tahir Mahmood in his book ‘Muslim Personal Law’ (1977 Edition, pages 200-202), has made a powerful plea for framing a uniform Civil Code for all citizens of India. He says .:
“In pursuance of the goal of secularism, the State must stop administering religion-based personal laws”. He wants the lead to come from the majority community but, we should have thought that, lead or no lead, the State must act. It would be useful to quote the appeal made by the author to the Muslim community:
“Instead of wasting their energies in exerting theological and political pressure in order to secure an “immunity” for their traditional personal law from the State’s legislative jurisdiction, the Muslims will do well to begin exploring and demonstrating how the true Islamic laws,, purged of their time-worn and anachronistic interpretations, can enrich the common civil code of India.”
The right conferred by Section 125 can be exercised irrespective. of the personal law of the parties, is fortified, especially in regard to Muslims, by the provision contained in the Explanation to the second proviso to Section 125(3) of the Code.
KEYWORDS:-Mahomedanism-PERSONAL LAW- “law is dynamic and its meaning cannot be pandemic but purposeful” Sources of Muslim Law (1) Quran (2) Sunna (3) Ijma (4) Quiyas. (5) Customs (Urf) (6) Judicial Precedents. (7) Legislation. (8) Good Conscience and Equity. Indian Commentators Baillie (1875), Ameer Ali (1912) and Tyabji (1940) FYZEE .._ : Outlines of Mohammadan Law ‘TYABJI, F. B. : Mohammadan Law… Read More Indian Muslim Law in Nutshell
Doctrine of spes successionis- DATE :- Decided On: 02-08-2011 JT 2011 (8) SC 533 : (2011) 8 SCALE 186 (SUPREME COURT OF INDIA) Shehammal Appellant Versus Hasan Khani Rawther and Others Respondent (Before : Altamas Kabir, Cyriac Joseph and Surinder Singh Nijjar, JJ.) Special Leave Petition (C) Nos. 7421-7422 and 14303-14304 of 2008 : Decided On:… Read More Shehammal Vs Hasan Khani Rawther and Others [ALL SC 2011 AUGUST]
KEYWORDS:-Maintenance to Muslim wife- DATE:- 23-04-1985- whether the law of Islam is capable of evolution ? AIR 1985 SC 945 : (1985) 3 SCR 844 : (1985) 2 SCC 556 : (1985) 1 SCALE 767 : (1985) CriLJ SC 875 (SUPREME COURT OF INDIA) Mohd. Ahmed Khan Appellant Versus Shah Bano Begum and others Respondent (Before… Read More Mohd. Ahmed Khan Vs Shah Bano Begum and others[SC 1985 APRIL]