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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 ...
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]
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.
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 ...
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. [3] In Muslim law, the wife can claim divorce under extrajudicial or judicial modes.
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 ...
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.