Sweety Stay Original. 142 Questions 116 Answers 102 Best Answers 783 Points View Profile Sweety Asked: July 26, 20202020-07-26T07:34:10+05:30 2020-07-26T07:34:10+05:30In: UPSC CSE Explain Muslim Personal Law briefly. Explain Muslim Personal Law briefly. polityupsc Share Facebook 1 Answer Recent Rajnish Optimist 145 Questions 255 Answers 237 Best Answers 1k Points View Profile Best Answer Rajnish Optimist 2020-07-31T09:13:06+05:30Added an answer on July 31, 2020 at 9:13 am MUSLIM PERSONAL LAW(SHARIAT): Application Act 1937: It is an act which deals with marriage, divorce, succession, and inheritance among Muslims. These laws are not applicable to Muslims who married under the Special Marriage Act 1954. The dictionary defines Muslim personal law/ Sariya to mean a body of Canonical law based on the Quran that lays down certain duties and penalties for Muslim Islamic Canonical law based on the teachings of the Quran and the traditions of Prophet( Hadith and sunnah). History of Muslim Personal Law(Shariat): At first in the 14th century, historian Jiauddin Barni mentioned the word Shariat in his book Tarikh -e-Firozshahi. No evidence of Muslim personal law was administered untill 1206. The court of Shariat assisted by Mufti dealt with cases involving personal laws of Muslims that had been seen in the Lodi Dynasty Khilji dynasty Sura dynasty. The power of the court was resisted during the Shershah period. In the Mughal king’s regime, Ulemas had considerable influence on the legal decisions of Muslims. East India Company on Muslim Personal Law: In the early years of British rule in India, there was a policy of non-interference in religion and thus with the law of Muslims. A manifestation of such interference is the Hastings plan of 1772 an article 13 of regulation 2 in 1772 that is tablets the hierarchy of civil and criminal courts that applies the law of Quaran to Muslims in all sources regarding marriage divorce inheritance property caste and other religious uses of Institution. The Hasting plan of 1772 Maulvi to provide to help and advise Court on Muslim personal laws. Towards the end of the colonial era in the 1930s, the ulema demanded the passing of the law which codified Muslim personal law /Saria and made it applicable to all Muslims. The primary reason for this demand was to replace the application of customary practices which was given priority to by colonial course with the application of Muslim personal laws/Sariya. Thus the British enacted the Muslim personal law(Shariat) application of 1937 act so that the Muslims are governed by only Muslim personal laws, not by customary practices that may be prevalent in the region where they immigrated. In 1939 there was another demand by the Ulema as the ulema was troubled by the practice of women being allowed to dissolve marriage only on the grounds of apostasy. It was in this context that The dissolution of Muslim Marriage Act 1939 was enacted laying down a list of reasonable Grounds of women to seek dissolution of marriage. Post partition and the independence of India in 1947 Hindu personal law were modified and codified in 1950 through The Hindu code bill. Muslim personal law were have however been untouched due to sensitivities around Islam being a minority religion as a result Muslim personal law as they stand today are piecemeal at disjointed unlike the comprehensive qualification of Hindu personal law. Even after independence when court has tried to interpret Muslim personal law to be it in the landmark Shah Bano case of the recent triple Talaq case. The act of courts often been seen as an intrusion by some members of the Muslim community and often pressure has been created on the legislature to enact laws overriding the interpretation of courts. In famous Shah Bano case, the Supreme court of India ruled in favor of 65-year-old Muslim a woman who had been divorced after 45 years of marriage. The primary sources of Muslim personal law are: Holy Quran Traditions of the prophet (Hadith) and the general consensus of opinion among the ulema( ijma). According to the sources of Muslim personal law marriage is a contract for procreation and legalizing of children. The general prerequisites essential for entering into any valid contract are proposal and acceptance by valid consent. These are essential for also entering into the valid Nikah Nama. The perspective of husband and wife are free to add covenant to the nikahnama provided such covenants are in consonance with Muslim Personal Law that is in consonance with the Holy Quran and the sayings and doings of the prophet. It is important to note that marriage in Muslim are not governed by any qualified legislation but purely by nikahnama and principles of Muslim personal laws certain rights arise out marriage. The wife becomes entitled to maintenance by her husband. Rights of inheritance are established and husband spend and wife legally can consummate. Talaq in Muslim Personal Law: Talaq is an Arabic word meaning to release. The prophet discouraged and disapproved by the practice of divorce. Bali to be used under exceptional circumstances. Conditions vary under Shia and Sunni laws. The word itself considered as a Evil. Types of TALAQ as per Muslim Personal Law (Shariat): Talaq -ul- Sunnat. The most proper form of talaq. Based on the sunna traditions of the prophet. Factors are in compromise give times to parties. Ahsan Pronounce to only once. The wife undergoes A period of Iddat of 3 months related to the cycle of menstruation. If husband revokes during this period the divorce is canceled. If a woman is pregnant than the Iddat is till the delivery of the child. If conjugal relations resumed the Talaq is canceled. Hasan Repeat 3 times in successive Tuhrs. Tuhr-period of purity between two menstrual cycles. If conjugate relation resume Talaq is cancelled. Revocable till the third time and irrevocable after that. Talaq- ul -biddat Biddat means sinful. Only under Sunni laws, Shiya doesn’t recognize it. No time for reconciliation. Talaq Talaq Talaq very recently banned in India and jail for 3 years. Talaq e Tafweez Delegated divorce. The husband has been granted the right to delegate his right to divorce. The wife uses this right that he has and pronounces divorced against him. Khula and Mubarat The wife’s offer husband accepts. Wife returns from Mehar (given at the time of marriage). Laydown husband’s right. Mubarat- mutual consent. Lian and Faskh: Man alleges to adultery unable to prove it wife can file a suit for the dissolution of the marriage under the act. Faskh-Impotence of the husband has to file a suit. The Supreme Court ruled in august 2017 that the practice of triple Talaq is unconstitutional. The court held that such practice violates the right to equality of Muslim women as invests in Muslim men’s unilateral right to divorce. The supreme court in the Shah Bano case opined that Muslim women can apply for maintenance under section 125 CrPC 1973, under this provision Muslim husband has obligation to maintain his wife beyond the iddat period. 1 Reply Share Share Share on Facebook Share on Twitter Share on WhatsApp Leave an answerCancel replyYou must login or register to add a new answer. Related Questions What is Pathalgadi? What is Bodo Accord?