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Muslim Personal Law
All the Muslims in India are governed by the Muslim Personal Law (Shariat) Application Act, 1937. This law deals with marriage, succession, inheritance and charities among Muslims. The Dissolution of Muslim Marriages Act, 1939 deals with the circumstances in which Muslim women can obtain divorce and rights of Muslim women who have been divorced by their husbands and to provide for related matters. These laws are not applicable in the states of Goa, where Goa civil code is applicable for all persons irrespective of religion and state of Uttarakhand. These laws are not applicable to Indians, including Muslims, who married under the Special Marriage Act, 1954. History 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. 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 (153 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dissolution Of Muslim Marriages Act, 1939
The Dissolution of Muslim Marriages Act, 1939 deals with the situations in which Muslim women in India can obtain divorce. Its title and content refer to the Muslim Personal Law (Shariat) Application Act, 1937, which deals with marriage, succession and inheritance among Muslims. 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. In Muslim law, the wife can claim divorce under extrajudicial or judicial modes. The extrajudicial modes are Talaaq-i-tafweez and Lian. The judicial mode is by Dissolution of Muslim Marriages Act 1939. The act defines the grounds for divorce and the procedure that applies. An important aspect of this law is Section 4 that states "The renunciation of Islam by a married Muslim woman or her conversion to faith other than Islam shall not by itself operate to disso ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jehangir
Nur-ud-din Muhammad Salim (31 August 1569 – 28 October 1627), known by his imperial name Jahangir (; ), was List of emperors of the Mughal Empire, Emperor of Hindustan from 1605 until his death in 1627, and the fourth Mughal emperors, Mughal Emperor. Born as Prince Salim, he was the third and only surviving son of Emperor Akbar and his chief empress, Mariam-uz-Zamani. Akbar's quest for a successor took him to visit the Hazrat Ishaan and Salim Chishti, List of Sufi saints, Sufi saints who prophesied the birth of three sons. Jahangir's birth in Fatehpur Sikri was seen as a fulfillment of Chishti's blessings, and he was named after him. His parents’ early life was marked by personal tragedy, including the death of his full twin brothers in infancy, which led to a sense of grief in his family. His early education was comprehensive, covering various subjects including Persian language, Persian, Hindustani language, Hindustani, and military tactics. Jahangir's upbringing was heav ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Muslim Women (Protection Of Rights On Marriage) Act, 2019
The Muslim Women (Protection of Rights on Marriage) Act, 2019 is an Act of the Parliament of India criminalising triple talaq. In August 2017, the Supreme Court of India declared triple talaq, which enables Muslim men to instantly divorce their wives, to be unconstitutional. The minority opinion suggested the Parliament to consider appropriate legislation governing triple talaq in the Muslim community. In December 2017, citing the Supreme Court judgment and cases of triple talaq in India, the government introduced the Muslim Women (Protection of Rights on Marriage) Bill, 2017. The bill proposed to make triple talaq in any form—spoken, in writing, or by electronic means—illegal and void. Punishment for breach of the law was proposed to include up to three years imprisonment for the husband pronouncing triple talaq. The bill was passed by the Lok Sabha, the lower house of the Parliament of India, on the same day, but was stalled by the opposition in the Rajya Sabha, the upper ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of India
The Supreme Court of India is the supreme judiciary of India, judicial authority and the supreme court, highest court of the Republic of India. It is the final Appellate court, court of appeal for all civil and criminal cases in India. It also has the power of Judicial review in India, judicial review. The Supreme Court, which consists of the Chief Justice of India and a maximum of fellow 33 judges, has extensive powers in the form of original jurisdiction, original, appellate jurisdiction, appellate and Advisory opinion, advisory jurisdictions. As the apex constitutional court, it takes up appeals primarily against verdicts of the List of High Courts of India, High Courts of various states and tribunals. As an advisory court, it hears matters which are referred by the President of India#Judicial powers, president of India. Under judicial review, the court invalidates both ordinary laws as well as Amendment of the Constitution of India, constitutional amendments as per the basi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Khula
( ), also called khula, is a procedure based on traditional jurisprudence, that allows a Muslim woman to initiate a divorce by returning the '' mahr'' and everything she received from him during their life together, or without returning anything, as agreed by the spouses or judge's decree, depending on the circumstances. Origins in texts Qur'an From the "Sahih International" translation of the Qur'an. Divorce is twice. Then, either keep erin an acceptable manner or release erwith good treatment. And it is not lawful for you to take anything of what you have given them unless both fear that they will not be able to keep ithinthe limits of Allah. But if you fear that they will not keep ithinthe limits of Allah, then there is no blame upon either of them concerning that by which she ransoms herself. These are the limits of Allah, so do not transgress them. And whoever transgresses the limits of Allah—it is those who are the wrongdoers. :— 2:229 And if a woman fears from h ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Talaq
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). Historically, the rules of divorce were governed by sharia, as interpreted by traditional Islamic jurisprudence, though they differed depending on the legal school, and historical practices sometimes diverged from legal theory. In modern times, as personal status (family) laws have been codified in Muslim-majority states, they generally have remained "within the orbit of Islamic law", but control over the norms of divorce shifted from traditional jurists to the state. Quranic principles According to the Quran, marriage is intended to be permanent, as indicated by its characterization as a "firm bond" and by the rules governing divorce. The relationship between the spouses should ideally be ba ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hindu Code Bills
The Hindu code bills were several laws passed in the 1950s that aimed to codify and reform Hindu personal law in India, abolishing religious law in favor of a common law code. The Indian National Congress government led by Prime Minister Jawaharlal Nehru successfully implemented the reforms in 1950s. This process was started during the British rule of India. After the independence of India, the Nehru administration saw the reform of the Hindu code as necessary for modernising the Hindu society as well as to forge national unity. After facing initial resistance, Nehru campaigned for it during the general election in 1952, and reintroduced the bills which were passed as the Hindu Marriage Act, Hindu Succession Act, Hindu Minority and Guardianship Act, and Hindu Adoptions and Maintenance Act during 1955–1958. These laws apply to all "Hindus", defined expansively to include Jains, Buddhists and Sikhs. Other personal laws inherited from the British rule, for Muslims, Christia ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hindu Adoptions And Maintenance Act
The Hindu Adoptions and Maintenance Act (HAMA) was enacted in India in 1956 as part of the Hindu Code Bills. Other legislations enacted during this time include the Hindu Marriage Act, 1955, the Hindu Succession Act, 1956, and the Hindu Minority and Guardianship Act, 1956. All of these acts were introduced under the leadership of Jawaharlal Nehru, and were intended to codify and standardise the prevailing Hindu legal tradition. The Hindu Adoptions and Maintenance Act of 1956 specifically addresses the legal process of child adoption by a Hindu adult, as well as the legal obligations of a Hindu to provide "maintenance" to various family members, including their wife, parents, and in-laws. Application This act applies to Hindus and all those considered under the umbrella term "Hindus", which includes: * a Hindu by religion in any of its forms or development; * a Buddhist, Jain or Sikh; * a child legitimate or illegitimate whose parents are Hindus, Buddhists, Jains or Sikhs; * a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hindu Minority And Guardianship Act
The Hindu Minority and Guardianship Act was enacted in 1956 as part of the Hindu Code Bills. Three other important acts were also passed during this time: the Hindu Marriage Act (1955), the Hindu Succession Act (1956), and the Hindu Adoptions and Maintenance Act (1956). All of these acts were introduced under the leadership of Jawaharlal Nehru, and were intended to modernize the prevailing Hindu legal tradition. The Hindu Minority and Guardianship Act of 1956 was intended to supplement, rather than replace the Guardians and Wards Act of 1890. This act specifically defines guardianship relationships between adults and minors, as well as between individuals of all ages and their respective property. Introduction This act is one of the four Hindu Code Bills codified by the Nehru Administration in 1956. The other three Acts include the Hindu Succession Act, Hindu Adoptions and Maintenance Act, and the Hindu Marriage Act The Hindu Marriage Act (HMA) is an act of the Parli ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hindu Succession Act
The Hindu Succession Act, 1956 is an Act of the Parliament of India enacted to amend, codify and secularize the law relating to intestate or unwilled succession, among Hindus, Buddhists, Jains, and Sikhs. The Act lays down a uniform and comprehensive system of inheritance and succession into one Act. The Hindu woman's limited estate is abolished by the Act. By virtue of this Act, any property possessed by a Hindu female is to be held by her as absolute property, and she is conferred full power to deal with and dispose of it, including by will, as she pleases. Some parts of this Act were amended in December 2004 by the Hindu Succession (Amendment) Act, 2005. Applicability As per religion This Act applies to the following: * any person who is a Hindu by religion in any of its forms or developments including a Virashaiva, a Lingayat or follower of the Brahmo, Prarthana or Arya Samaj; * any person who is Buddhist, Sikh, Jain by religion; and * to any other person who is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hindu Marriage Act
The Hindu Marriage Act (HMA) is an act of the Parliament of India enacted in 1955. Three other important acts were also enacted as part of the Hindu Code Bills during this time: the Hindu Succession Act (1956), the Hindu Minority and Guardianship Act (1956), and the Hindu Adoptions and Maintenance Act (1956). Purpose The main purpose of the act was to amend and codify the law relating to marriage among Hindus and others. Besides amending and codifying Shastrik Law, it also included separation and divorce, which also exist in Shastrik Law. This enactment brought uniformity of law for all sections of Hindus. In India, there are religion-specific civil codes that govern adherents of certain other religions separately. Applicability Section 2 of the Hindu Marriage Act, 1955 says: This Act applies to any person who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo Samaj, Prarthana Samaj or Arya Samaj; ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
