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Then the Congress government enacted a law with its most controversial aspect being the right to maintenance for the period of iddat after the divorce, and shifting the onus of maintaining her to her relatives or the Waqf Board. It was seen as discriminatory as it denied right to basic maintenance available to Muslim women under secular law. [2]
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 ...
Islamic family jurisprudence (Arabic: فقه الأسرة الإسلامية, faqah al'usrat al'iislamia) or Islamic family law or Muslim Family Law is the fiqh of laws and regulations related to maintaining of Muslim family, which are taken from Quran, hadith, fatwas of Muslim jurists and ijma of the Muslims.
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]
The Rights of Women in Islam. New York: St. Martin's Press. Macfarlane, Julie. Islamic Divorce in North America: A Shari'a Path in a Secular Society. Oxford: Oxford University Press, 2012. Nasir, Dr. Jamal J. Ahmad (2009). The Status of Women Under Islamic Law and Modern Islamic Legislation. Netherlands: Brill. Tucker, Judith E. (2008).
Some Muslim nations such as Jordan, Morocco, Algeria, Egypt, Syria, Libya and Tunisia, are effecting rules legislationes to pay additional compensation called 'mata'a' as part of Islamic kindness to departing spouses in addition to dower and maintenance. [37] Many Muslim countries are adding conditions called 'haq meher' (right of financial ...
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 ...
In Islamic law (sharia), marriage (nikāḥ نکاح) is a legal and social contract between two individuals. [1] Marriage is an act of Islam [2] and is strongly recommended. [1] [3] Polygyny is permitted in Islam under some conditions, but polyandry is forbidden. [4]