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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 Code of Muslim Personal Laws, otherwise known as Presidential Decree No. 1083, was enacted by President Ferdinand Marcos on February 7, 1977. The decree was enacted upon the advice of the now-defunct Commission on National Integration since Muslims (along with non-Christian indigenous peoples) would have only been allowed to get married under their customs and traditions until 1980 as ...
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]
Union of India read the Act with Articles 14 and 15 of the Constitution of India, which prevent discrimination on the basis of sex, and held that the intention of the framers could not have been to deprive Muslim women of their rights. Further, the Supreme Court construed the statutory provision in such a manner that it does not fall foul of ...
The AIMPLB is primarily concerned with issues related to marriage, divorce, inheritance, and other personal matters governed by Islamic law, known as Shariah. The AIMPLB has been involved in various significant cases and debates, including those related to the Muslim Women (Protection of Rights on Divorce) Act , the Shah Bano case , and the ...
The legal system in the United Arab Emirates is based on civil law, and Sharia law in the personal status matters of Muslims and blood money compensation. [1] Personal status matters of non-Muslims are based on civil law. [2] The UAE constitution established a federal court system and allows all emirates to establish local courts systems. [3]
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.
The Special Marriage Act allowed Muslims to marry under it and thereby retain the protections, generally beneficial to Muslim women, that could not be found in the personal law. 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.