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It was seen as discriminatory as it denied right to basic maintenance available to Muslim women under secular law. [2] Shah Bano Begum, from Indore, Madhya Pradesh, was divorced by her husband in 1978. [2] She filed a criminal suit in the Supreme Court of India, in which she won the right to alimony from her husband. However, some Muslim ...
Divorced women are entitled to maintenance from their former husband not only for the iddat period but also to reasonable and fair provisions for future maintenance. S.3 of the Muslim Women (Protection of Rights on Divorce) Act has to be given under the liberal interpretation to help divorced women. K. Zunaideen v. Ameena Begum (1998) 1 ctc 566 ...
In Islamic legal terminology, bāligh (Arabic: بالغ, adult) or mukallaf (Arabic: مكلف, responsible) of muhallaq (Arabic: محلاق, tendril, mentally matured) or murahiq (Arabic: مراهق, frequently errant, evildoer in a hurry) or muhtalim (Arabic: محتلم, pubescent) refers to someone who has reached maturity or puberty, and has full responsibility under Islamic law.
Hassam v Jacobs NO and Others, an important case in South African family law and law of succession, was heard in the Constitutional Court of South Africa on 19 February 2009 and decided on 15 July 2009. It concerned the proprietary consequences of polygynous Muslim marriage in the context of intestate succession.
Private matters of Muslims are governed by Muslim Law, including marriage, divorce custody and maintenance. Muslim law principles have been codified in the Act No. 13 of 1951 Marriage and Divorce (Muslim) Act; Act No. 10 of 1931 Muslim Intestate Succession Ordinance and Act No. 51 of 1956 Muslim Mosques and Charitable Trusts or Wakfs Act. [194]
Its title and content refer to The Muslim Personal Law (Shariat) Application Act, 1937, [2] 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.
A notable case that involved the application of Anglo-Muhammadan law is the Shah Bano case. The case took place in 1985 and became a significant legal and political controversy in India. The Shah Bano case in 1985 involved a Muslim woman seeking maintenance from her husband under Section 125 of the Code of Criminal Procedure.
Nafaqah (Arabic: نَفَقَة), nafaqa or nafkah is the Islamic legal term for the financial support a husband must provide for his wife (during marriage and for a time after divorce) and children. Under an Islamic marriage agreement , the husband is obliged to pay for his wife's housing (including furniture [ 1 ] ), food and clothing in the ...