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MUSLIM LAWS (Landmark Judgement)

Updated: May 4


MUSLIM LAWS (Landmark Judgement)
MUSLIM LAWS (Landmark Judgement)

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Rights of Muslim Women in Marriage and Divorce


Abdul Kadir v. Salima (1886) ILR 8 All. 149

Dower refers to a sum of money or other property pledged by the husband to be paid or transferred to the wife as part of the marriage contract. Even in cases where no specific dower amount is stipulated, the law grants the wife the right to dower as an essential consequence of marriage. (Justice Mahmood)


Shayara Bano v. Union of India (2017) 9 SCC 1

The Supreme Court of India invalidated the practice of Triple Talaq, declaring it unconstitutional. The court deemed Triple Talaq to be arbitrarily applied by Muslim men, as it allowed the dissolution of marriage without any efforts at reconciliation, thus violating the fundamental right under Article 14 of the Constitution of India. The court also asserted that Triple Talaq is not intrinsic to Islam.

 
 

Bai Tahira v. Ali Hussain, AIR 1979 SC 362

The Supreme Court ruled that a divorced Muslim wife is entitled to maintenance, even if she has already received the full amount due under her personal law.


Mohd. Ahmad Khan v. Shah Bano Begum, AIR 1985 SC 945

Section 125 of the Criminal Procedure Code (CrPC) is secular and operates independently of personal law. The Supreme Court held that Section 125 applies to divorced Muslim women unless they remarry. It observed that there is no conflict between Section 125 and Muslim personal law.


Danial Latifi and others v. Union of India (2001) 7 SCC 740

The Supreme Court upheld the constitutional validity of The Muslim Women (Protection of Rights on Divorce) Act, 1986. It ruled that a Muslim husband's obligation to maintain his divorced wife extends beyond the iddat period and can last for her entire life unless she remarries. The Act's provision for a reasonable future provision for the divorced wife, even beyond iddat, was deemed constitutional.


Razia v. State of U.P. , 2022

The Allahabad High Court held that Muslim woman shall be entitled to claim maintenance from her husband under Section 125 Cr.P.C. even after the expiry of the period of iddat as long as she does not remarry.

 
 

Rights of Children


Mohammed Salim v. Shamsudeen & Ors. (2019) 4 SCC 130

The Supreme Court held that a child born of a marriage between a Muslim man and his Hindu wife is entitled to inherit his father's property. The court clarified that such a marriage, while irregular, is neither valid nor void, but merely irregular.



Marriage and Consent


Shaikh Taslim Shaikh Hakim vs The State Of Maharashtra And Another, 2022

Observing that a family court can dissolve the marriage of a Muslim couple by mutual consent under the Muslim Personal Law, the Bombay High Court quashed criminal proceedings against the husband based on the couple's amicable settlement in the Family Court petition.


Md. Sonu @ Sonu v. The State of Jharkhand & Ors., 2022

The Jharkhand High Court has held that there is a presumption under Muslim law that people attain puberty at the age of '15 years' and upon attaining the same, they are at liberty to marry persons of their choice without any interference of their guardians.


Javed v. State of Haryana and Others, 2022

The Punjab and Haryana High Court has reiterated that Muslim female aged 15 years and above can marry a person of her choice on her own willingness and consent, and such a marriage would not be void in terms of Section 12 of the Prohibition of Child Marriage Act 2006.

 
 


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