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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 ...
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.
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 applicant approached the High Court of South Africa for an order declaring that she – and other surviving partners of polygynous Muslim marriages – were entitled to the protections granted to surviving spouses under the Intestate Succession Act and Maintenance of Surviving Spouses Act. Alternatively, if and insofar as the Acts could not ...
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 ...
The Islamic financial and investment models have taken root in the West and begun to flourish. [9] [10] Classic Islamic law details the manner of contracting, the types of transactions, the assignment of liability and reward, and the responsibilities of the parties in Islamic trade. [11]