Category: Indian Muslim Law

Registration Of Waqfs in India

Posted by on in Indian Muslim Law

On receipt of an application for registration, the Board may, before the registration of the waqf make such inquiries as it thinks fit in respect of the genuineness and validity of the application and correctness of any particulars therein and when the application is made by any person other than the person administering the waqf property, the Board shall, before registering the waqf, give notice of the application to the person administering the waqf property and shall hear him if he desires to be heard.

Survey of waqf property in India

Posted by on in Indian Muslim Law

Every State Government shall maintain a list of waqf referred to in sub-section (1) and the survey of waqf shall be completed within a period of one year from the date of commencement of the waqf (Amendment) Act, 2013, in case such survey was not done before the commencement of the waqf (Amendment) Act, 2013

Muslim Personal Law Board posed to defeat the right to maintenance of Muslim women in Shah Bano Begum case

Posted by on in Divorce, Indian Muslim Law

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?

Posted by on in Divorce, Indian Muslim Law

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…

Read More Whether a divorced Muslim woman, is a ‘wife’ and competent to ask maintenance under Section 125 of Cr.P.C?