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Critics of the Act point out that while divorce is within the purview of personal laws, maintenance is not, and thus it is discriminatory to exclude Muslim women from a civil law. Exclusion of non-Muslim men from a law that appears inherently beneficial to men is also pointed out by them. [2]
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 ...
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 ...
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]
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.
She was initially granted maintenance by the verdict of a local court in 1980. Khan, a lawyer himself, challenged this decision, taking it to the Supreme Court, saying that he had fulfilled all his obligations under Islamic law. The Supreme Court ruled in favor of Shah Bano in 1985 under the "maintenance of wives, children and parents ...
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.
Juleiga Daniels's husband died intestate in 1994; the main item in the deceased's estate was the couple's home in Cape Town.Because the couple had been married by Muslim rites, without solemnisation under the Marriage Act, 1961, the Master of the High Court found that Daniels could not inherit the deceased's estate or receive maintenance from it; such a marriage did not qualify her as a ...