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Friday, July 24, 2020 | History

3 edition of A historic perspective on Muslim personal law in India found in the catalog.

A historic perspective on Muslim personal law in India

A historic perspective on Muslim personal law in India

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Published by Research Unit on Women"s Studies, Vithaldas Vidya Vihar, SNDT Women"s University in Bombay .
Written in English


Edition Notes

Statementby Ramala M. Baxamusa.
Classifications
LC ClassificationsMicrofiche 85/70721 (H)
The Physical Object
FormatMicroform
Pagination26 p.
Number of Pages26
ID Numbers
Open LibraryOL2698394M
LC Control Number85910419

  First things first, Uniform civil code has nothing to do with nationalism Uniform civil code is not a part of the Indian constitution, it is a part of the Directive principles of the State policy which in turn was only written to serve as “guideli.   Historical Background of ‘Wills’: As the time rolled the emergence of the Will became more popular, Indian Law which is governed under ‘Section: 5’ of “The Indian Succession Act, ” which provides different rules for intestate succession and testamentary succession in India. It applies to all the communities in India except.

Now coming to the Muslims, the law governing Muslims and Muslim women in India is under The Muslim Personal Law (Shariat) Application Act, The Shariat is regarded as the Custom or Usage for the purposes of division of all properties, except agricultural land. In the earlier times Muslims were governed by the local customs, laws and. Hinduism and Islam are the third and second most popular religions in the world respectively. They differ in many respects - including idol worship, monotheism and their history. Islam is a monotheistic Abrahamic religion, founded by Prophet Muhammad in the Middle East in the 7th century CE. Hinduism on the other hand is religious tradition that originated in the Indian subcontinent in the pre.

The issue of the Uniform Civil Code has emerged into India's political discourse recently mainly because many Muslim women, affected adversely by the personal laws, have begun knocking on the doors of the Supreme Court to uphold their fundamental rights to equality and liberty in keeping with constitutional provisions. The Union law ministry has recently asked the law commission to examine the. 2. Application of Personal law to Muslims.—Notwithstanding any custom or usage to the contrary, in all questions (save questions relating to agricultural land) regarding intestate succession, special property of females, including personal property inherited or obtained under contract or gift or any other provision of Personal Law, marriage, dissolution of marriage, including talaq, ila.


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A historic perspective on Muslim personal law in India Download PDF EPUB FB2

The All India Muslim Personal Law Board, a non-governmental organisation, for example, has called for a social boycott of people using talaq-e-biddat, but opposed a law to end it.

In fact, the. The course is designed to discuss in Muslim Law in detail. The Muslims are governed by Muslim Personal law. The personal laws play a vital role in governing the conflicting interest of the individuals. In India in personal matters, there is no national or regional law.

Personal law of a person is not determined by his domicile or his. The All India Muslim Personal Law Board (AIMPLB) is a non-government organisation constituted in to adopt suitable strategies for the protection and continued applicability of Muslim Personal Law in India, most importantly, the Muslim Personal Law (Shariat) Application Act ofproviding for the application of the Islamic Law Code of Shariat to Muslims in India in personal people: Muhammad Tayyib Qasmi, Abul Hasan.

original source of Muslim Law, religion and culture, and also of the social, moral and other values, of Muslim Society. It is remarkable for its simplicity and practicability. Muslims in India are governed by their personal law: Mohammadan Law. To the students of Law, a study of this is a sine qua non as itFile Size: KB.

The Islamic feminists movement in India, for example, claim that the issue with Muslim Personal Law in India is a historic and ongoing misinterpretation of the Quran. The feminists claim that the Quran grants Muslim women rights that in practice are routinely denied A historic perspective on Muslim personal law in India book them by male Muslim ulema in India.

Every religion practiced in India is governed by its respective personal laws – which includes property rights as well. However, Muslims in the country do not have codified property rights and are broadly governed by either of the two schools of the Muslim personal law –.

Islam is one of the oldest major religions in the world. Due to its largely uncodified nature, we must look at the sources of Muslim personal law to understand it. This also helps in understanding various customs of Islam relating to marriage, divorce, succession, etc.

The personal law is one of the unique components of the Indian legal system. India is a multicultural society and different groups in India have separate personal laws. The personal laws tells the stories about the culture, behaviour, beliefs and.

Introduction. The Indian Supreme Court’s judgement in Shayara Bano, 1 wherein the Court declared the Muslim form of divorce by triple talaq invalid, and the current debates about a Talaq Bill once again demonstrate the actuality of the discourse around personal laws.

The case was initiated by five Muslim women and their petitions were supported by a number of Muslim women’s rights. India: A Historical Perspective Introduction In ancient India, all sections During Muslim rule, a large number of units of weights were used in India During a system of separate personal laws] and rules [e.g.

Dharma, and local custom] which accorded with indigenous understanding. Hindu personal law (Werner Menski), Muslim personal law (Tahir Mahmood), and Christian personal law (Nandini Chatterjee). Authors frequently place the contemporary discussion on personal laws in India in the historical context.

One of the most interesting recent books following this approach is Rina Verma Williams’ work. Search the world's most comprehensive index of full-text books.

My library. Muslim daughters share in father's property answered by expert muslim-law lawyer. Get free answers to all your legal queries from experienced lawyers & expert advocates on muslim-law & other legal issues at LawRato.

Visit Now. Much of the book is dedicated to revisiting debates over Muslim personal law – which preoccupied many writers throughout the s and the s – along with recounting of the history of Aligarh Muslim University, the quintessential bastion of the north Indian Muslim elite.

Concept of will under Muslim Law A Will or Testament or Wasiyat has been defined as “an instrument by which a person makes disposition of his property to take effect after his death.†Tyabji defines Will as “conferment of right of property in a specific thing or in a profit or advantage or in a gratuity to take effect on the.

Guardianship Under Muslim Law: The source of law of guardianship and custody are certain verses in the Koran and a few ahadis. The Koran, the alladis and other authorities on Muslim law emphatically speak of the guardianship of the property of the minor, the guardianship of the person is a mere inference.

Custody Under Muslim Law. During this period, the personal laws of the non-Muslims were applied in civil matters, but the criminal law was the Islamic in nature. Whenever there was a conflict between Islamic Law and sacred laws of the Hindus, the former prevailed.

Medieval Period. Sharia, Islamic law or sharia law is a religious law forming part of the Islamic tradition. Topics covered includes: Historical origins, Traditional jurisprudence, Pre-modern Islamic legal system, Modern legal reforms, Role in contemporary Islam,Compatibility with democracy and human rights, Comparison with other legal systems.

The 13 General Principles of Inheritance under Muslim Law are mentioned below: (1) Nature of the Heritable Property: Heritable property is that property which is available to the legal heirs for inheritance. After the death of a Muslim, his properties are utilised for the payment of funeral expenses, debts and the legacies i.e.

wills, if [ ]. Hindu law, as a historical term, refers to the code of laws applied to Hindus, Buddhists, Jains and Sikhs in British India. Hindu law, in modern scholarship, also refers to the legal theory, jurisprudence and philosophical reflections on the nature of law discovered in ancient and medieval era Indian texts.

It is one of the oldest known jurisprudence theories in the world. Law as a matter of religious prescriptions and philosophical discourse has an illustrious history in India. Emanating from the Vedas, the Upanishads and other religious texts, it was a fertile field enriched by practitioners from different Hindu philosophical schools and later by Jains and Buddhists.Muslim Personal Law (Shariat) to Muslims 1* * *; It is hereby enacted as follows: title and extent.

1. Short title and extent.-(1) This Act may be called the Muslim Personal Law (Shariat) Application Act, (2) It extends to the whole of India 2 [except the State of Jammu and Kashmir] 3* * *.*Application of Personal Law to Muslims.This set off a political controversy and the government of the day overturned this judgement by passing the Muslim Women (Protection on Divorce Act),according to which alimony need be given only during the iddat period (in tune with the Muslim personal law).

MC Mehta and Union Of India ().