Muslim personal law in India


All the Muslims in India are governed by the Muslim Personal Law Application Act, 1937. This law deals with marriage, succession, inheritance and charities among Muslims. The Dissolution of Muslim Marriages Act, 1939 deals with the circumstances in which Muslim women can obtain divorce and rights of Muslim women who have been divorced by their husbands and to provide for related matters. These laws are not applicable in Goa state, where the Goa Civil Code is applicable for all persons irrespective of religion. These laws are not applicable to Muslims who married under the Special Marriage Act, 1954.

History

No evidence records administration of Muslim personal law until 1206 on the Indian peninsula, even Muslim invasions took place during this period. During the reign of Slave dynasty, Khalji dynasty, the Tughlaq dynasty, the Lodi dynasty and the Sur dynasty, the court of Shariat, assisted by the Mufti, dealt with cases involving personal law among Muslims. During Sher Shah's regime, the powers of the court were restricted and Muslim law was modified to suit the requirements of the times. During the regime of Mughal kings Babur and Humayun, the earlier laws were followed, and the ulemas had considerable influence on legal decisions. During Akbar's regime, Ulemas' powers were reduced and shattered the dominance of the orthodox Sunni school. During Jehangir's regime, cutting of noses and ears and death penalty could not be inflicted without the Emperor's permission. Aurangzeb ordered the compilation of a code of law.

East India Company

Under the East India company, Muslim Law was enforced except when Muslims left the disputes to be determined according to Hindu Saastras. The Regulation 11 of.1772 by Sec. 27 enacted that
In 1822, the Privy Council recognized the right of Shia Muslims to their own law.

British Raj

The British Raj passed Shariat Act in 1937 is followed in India in matters related to marriage, divorce and succession among Muslims.

Post-Independence India

India's achievement of independence from the British was meant to bring about significant change in the regular life of Indians. Previously under British rule, Indian society was defined by social collectives, caste and religious identity, with a lack of focus on citizenship and the individual. An Indian's relationship with politics and the law was indeed determined by these social measures; the Fundamental Rights Constitution was passed and intended to reverse this concept that an individual could be limited based upon caste, religion, economic status, etc. However, the new standards laid out in the Constitution have not come to fruition in society, even 6 years after the passing of the act. Aspects of gender, caste and religion are still determinants of political influence and access to resources.
The Shariat Application Act was enacted by the British government in India in 1937, and, after India became independent from Britain, the Shariat Act was maintained in Indian society. The law was originally introduced as a matter of policy by the British government, but upon independence MPL became significant to Muslim identity and religion. This primary aspect of religion has created controversy across both Muslim communities and Hindu political organizations.

Current Debates

Recent debates related to Muslim Personal Law a Muslim man is allowed to marry up to four wives at a time, 2) he can divorce his wife without entering into any legal processes, and 3) he does not need to provide financial support to his ex-wife after three months of the divorce, whereas men of other religions are likely required to support their ex-wives forever. The main issue with any reform or replacement of such provisions in the MPL system is that Muslim identity is such an important part of women's life. If women were to pursue other interests, the Muslim community would feel a sense of betrayal in that the traditional values that defined domestic life would not be the same.
The Shah Bano case of 1978 is related to these discriminatory provisions. A woman named Shah Bano was married to a man named Mohommed Ahmed Khan. Khan fathered several children with a second wife and Shah bano was forced out of the home; she initially sought a maintenance order for Rs. 500 per month, but was given only 2s. 200 per month upon the separation agreement. No contribution was ever made to her, and she decided to seek legal counsel as a result. Khan very clearly dictated the purpose of the divorce by deciding exactly how much to award Shah Bano with, when to award her and how to do it. By finally deciding to enter into the legal system, Bano shows her pursuit of other interests and the conflict related to muslim domestic life.

Marriage and divorce

In India, Muslim marriage is a civil contract between a man and a woman. Dissolution of marriage can be done at the instance of the husband, wife or mutually. Talaq allows a Muslim man to legally divorce his wife by stating the word talaq. Some Muslim groups recognize triple talaq, stating three talaqs at once and proclaiming instant divorce as valid method. On 22 August 2017, the Supreme Court of India deemed instant triple talaq unconstitutional. On 30 July 2019, the parliament of India made triple talaq a criminal offence.
Other Muslim groups follow talaq-i-hasan, where the husband pronounces talaqs on three separate instances, each one at least 1 lunar month apart. If the husband changes his mind after the first or second talaq, or cohabits with his wife, the divorce is nullified.
The husband can delegate power to pronounce talaq to his wife or a third person by agreement, called talaq-e-tafweez. The Muslim man does not have to cite a reason for divorce.
Section 5 of the Shariat Act of 1937 concerns Muslim women seeking divorce. Section 5 was subsequently deleted and replaced by Dissolution of Muslim Marriages Act 1939. Muslim women can seek divorce in a court of law. A woman can ask for divorce in the following circumstances:

Rules of inheritance

Mahr is the total money or property that the husband is required to give the wife at the time of marriage. The two types of mahr are the prompt mahr which is given to the wife soon after the marriage, and the deferred mahr, which is given to the wife when the marriage has ended, either due to the death of the husband or by divorce.

Will

A Muslim can only give one third of his/her total property through a will.

Gift

Any type of property can be given as gift.