The reformation that transformed the intellectual landscape of Europe is dated from 1517. In 1515 the Ottoman Sultan Selim I, persuaded by the influential clerics of the realm, issued a decree that […]
A Muslim father to maintain his minor children governed by Cr.P.C- Muslim Women (Protection Or Rights On divorce) Act, has no application.
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.
Muslim Personal Law Board posed to defeat the right to maintenance of Muslim women in Shah Bano Begum case
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.”
Whether a divorced Muslim woman, is a ‘wife’ and competent to ask maintenance under Section 125 of Cr.P.C?
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 […]
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. […]
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 […]
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 […]