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Mohd. Ahmad Khan v. Shah Bano Begum [1985], [1] commonly referred to as the Shah Bano case, was a controversial maintenance lawsuit in India, in which the Supreme Court delivered a judgment favouring maintenance given to an aggrieved divorced Muslim woman.
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 ...
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. [4] 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 (1539–1555), the court of Shariat, assisted by the Mufti, dealt with cases ...
Under this act polygamy was illegal, and inheritance and succession would be governed by the Indian Succession Act, rather than the respective Muslim Personal Law. Divorce also would be governed by the secular law, and maintenance of a divorced wife would be along the lines set down in the civil law.
BJP leaders said the new code is a major reform, rooted in India's 1950 constitution, that aims to modernise the country's Muslim personal laws and guarantee complete equality for women.
All India Muslim Personal Law Board (AIMPLB) is a non-governmental organisation in India that represents the interests of Muslims in matters of personal law. It was formed in 1973 with the objective of protecting and promoting the application of Islamic personal law among Muslims in India .
Zakia has supported the Indian Supreme Court's verdict that Muslim women are entitled to maintenance after divorce under Section 125 of the Criminal Procedure Code. She has spoken out against polygamy among Indian Muslims, saying that was permitted only in a certain context and was not valid in modern times. [5]
The act also entitles an aggrieved woman to demand a maintenance for her dependent children. [10] It was subsequently notified as law in the same month. The acts stands to be retrospectively effective from 19 September 2018. [11] However, Muslim men are still allowed to be polygamous and can also give a divorce easily by paying paltry sums. [12]