The Muslim Women Protection Of Rights On Marriage Bill 2018 Triple Talaq Bill Or Triple Talaq Law Of India
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The Muslim Women Protection Of Rights On Marriage Bill 2018 Triple Talaq Bill Or Triple Talaq Law Of India
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Author : Shubham Sinha
language : en
Publisher: Independently Published
Release Date : 2019-08-09
The Muslim Women Protection Of Rights On Marriage Bill 2018 Triple Talaq Bill Or Triple Talaq Law Of India written by Shubham Sinha and has been published by Independently Published this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-09 with categories.
Triple talaq is a form of divorce that was practised in India, whereby a Muslim man could legally divorce his wife by pronouncing talaq (the Arabic word for divorce) three times. The pronouncement could be oral or written, or, in recent times, delivered by electronic means such as telephone, SMS, email or social media. The man did not need to cite any cause for the divorce and the wife need not have been present at the time of pronouncement. After a period of iddat, during which it was ascertained whether the wife is pregnant, the divorce became irrevocable. In the recommended practice, a waiting period was required before each pronouncement of talaq, during which reconciliation was attempted. However, it had become common to make all three pronouncements in one sitting. While the practice was frowned upon, it was not prohibited. A divorced woman could not remarry her divorced husband unless she first married another man, a practice called nikah halala. Until she remarried, she retained the custody of male toddlers and prepubescent female children. Beyond those restrictions, the children came under the guardianship of the father.
The Muslim Women Protection Of Rights On Marriage Bill 2019
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Author : Salim Khan Anmol
language : en
Publisher: Sakha Global Books, Inc.
Release Date : 2022-08-15
The Muslim Women Protection Of Rights On Marriage Bill 2019 written by Salim Khan Anmol and has been published by Sakha Global Books, Inc. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-15 with Law categories.
The Muslim Women (Protection of Rights on Marriage) Bill 2019; New English Latest Edition Marriage is said to be the union of two people and is seen as the purest and oldest institution in India. The object of marriage for every religion is different. For example, marriage in Hindus is considered to be a ‘dharma’, but every religion places an obligation to get married for some or other reason. Where marriages among Hindus are considered a sacred institution, marriage among Muslims is seen as a contract. Unlike Hindu Law, Mohamedan Law, or Muslim Law is not codified. This leads to chaos and confusion regarding the various ceremonies and authenticity of various things related to marriage, like consent, age, divorce, maintenance, etc. In order to deal with different problems that arose due to the non-codification of Muslim law, the parliament passed various acts. The article explains all these acts and their important provisions. It also describes the nature and essential conditions of a Muslim marriage. Nature of Muslim marriage Marriage in Muslim law is known as Nikah. It is an Arabic word which means “union of two people”. Baillie’s Digest defines Muslim marriage as a contract done to legalise sexual relationships and the procreation of children, while on the other hand, in Hedaya (a guide or commentary on Islamic Law), nikah means carnal conjunction in its primitive sense. As said by the Prophet of Islam, marriage is his sunna (practices of the Prophet Muhammad) and his followers must obey his practices and follow them properly. When we talk about the nature of Muslim marriage, a question that always arises is whether it is a sacrament or a contract. Some jurists opined that marriage in Muslims is a civil contract while others argue that it has a sacrament attached to itself. Thus, while studying the nature of Muslim marriage, three different aspects are taken into consideration. These are: Legal aspect Social aspect Religious aspect Legal aspect of Muslim marriage The legal aspect says that among Muslims, marriage is a civil contract because it has similar characteristics to a contract. These are: Like a contract, there is a proposal i.e., Ijab by one party and acceptance i.e., Qubul by the other party. In a contract-free consent plays an important role. Similarly, there can be no marriage without the consent of the parties, and such consent must not be obtained through fraud, coercion, force or undue influence. If a minor is married by their guardians, then the minor has a right to repudiate the marriage on attaining the age of majority, which is the same as the age of puberty in Muslims. This option of puberty is also known as khyar-ul-bulugh. Similarly, a contract entered into by a guardian on behalf of a minor can be set aside or controlled by him on attaining a majority. The parties to a marriage are allowed to enter into any kind of ante-nuptial or post-nuptial agreement if it is enforceable by law. The only condition is that it must be reasonable and not contrary to their religion. The terms of marriage in the nikahnama can be altered according to the wishes of the bride and groom, but it must be within the limits of the law. In the case of Abdul Kadir v. Salima (1886), it was held that Muslim marriage is a contract and not a sacrament.
Divorce And Democracy
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Author : Saumya Saxena
language : en
Publisher: Cambridge University Press
Release Date : 2022-08-25
Divorce And Democracy written by Saumya Saxena and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-25 with Law categories.
Based on author's thesis (doctoral -- University of Cambridge, 2017) issued under title: Politics of personal law in post-independence India c.1946-2007.
The Asian Yearbook Of Human Rights And Humanitarian Law
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Author : Javaid Rehman
language : en
Publisher: BRILL
Release Date : 2021-08-09
The Asian Yearbook Of Human Rights And Humanitarian Law written by Javaid Rehman and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-09 with Law categories.
The Asian Yearbook of Human Rights and Humanitarian Law aims to publish peer-reviewed scholarly articles and reviews as well as significant developments in human rights and humanitarian law. It examines international human rights and humanitarian law with a global reach, though its particular focus is on the Asian region. The focused theme of Volume 5 is Law, Culture and Human Rights in Asia and the Middle East.
Mutinies For Equality
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Author : Tanja Herklotz
language : en
Publisher: Cambridge University Press
Release Date : 2021-09-30
Mutinies For Equality written by Tanja Herklotz and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-30 with Law categories.
Studies transformations in law and gender in modern India, proposing drivers of change are emerging from beyond traditional institutions.
Gender In South Asia And Beyond
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Author : Radhika Govinda
language : en
Publisher: Zubaan
Release Date : 2024-01-25
Gender In South Asia And Beyond written by Radhika Govinda and has been published by Zubaan this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-01-25 with Social Science categories.
For over 40 years, Professor Patricia Jeffery, Professor Emerita in Sociology, University of Edinburgh, carried out pioneering research, individually and in partnership with her colleagues. The range of subjects she covered includes gender and development, especially childbearing, women’s reproductive rights, social demography in South Asia, Indian society, gender and communal politics, education and the reproduction of inequality; race and ethnicity. Her books, including Frogs in a Well: Indian Women in Purdah (1979) and Appropriating Gender: Women’s Activism, Politicized Religion and the State in South Asia (edited with Amrita Basu, 1998) inspired peers and future scholars alike. In this volume, we bring together a range of new research that is inspired by and intersects with Professor Jeffery’s work. The chapters offer new data, refreshing insights and original analysis on subjects of contemporary importance in the fields of gender, health, marginalization and development.
Indian Constitutional Law
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Author : Dr. Suresh Kumar Agarwal
language : en
Publisher: Academic Guru Publishing House
Release Date : 2023-07-26
Indian Constitutional Law written by Dr. Suresh Kumar Agarwal and has been published by Academic Guru Publishing House this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-26 with Study Aids categories.
The Indian Constitution is the country's primary and highest legislation. It outlines the basic structures of the Indian government, including its guiding principles, the laws that govern it, and the authorities it is vested with. The rights and responsibilities of its residents are spelled out in detail. It has the longest constitution in the world. Dr. B.R. Ambedkar, the committee's chairman and a primary architect of the Indian Constitution, penned the document's bulk. On December 9th, 1946, Constituent Assembly convened for the first time. On December 11, Dr. Rajendra Prasad was elected as the permanent chairman of "India's sovereign constituent assembly". The Indian Constitution gives constitutional primacy instead of parliamentary supremacy since it was formed by the Constituent Assembly and not the Parliament. In force since January 26, 1950, it was adopted by the "Indian Constituent Assembly" on November 26, 1949. After the "Government of India Act" of 1935 was replaced by the Indian Constitution, the Dominion of India became the Republic of India. The Indian Constitution's opening prologue is included. This introductory section of our Constitution serves as a compass for all Americans. Freedom, justice, and equality are promised to the people of India, who live under a secular, socialist, democratic government in this document. It was during the 1976 Emergency that the prologue was changed to incorporate the words "socialist" and "secular."
Indianness Of Indian Muslim
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Author : Dr. Shujaat Ali Quadri & P. Faziluddin
language : en
Publisher: Blue Rose Publishers
Release Date : 2023-08-25
Indianness Of Indian Muslim written by Dr. Shujaat Ali Quadri & P. Faziluddin and has been published by Blue Rose Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-25 with Religion categories.
This book is an attempt to discuss what is the place of Islam in India. What are the status and opportunities of Muslims in India and also what is the Indian form of Islam? Many important issues have been raised in the book, as well as the status of Muslims in government schemes and programs has been assessed. The book also tries to find out the size of the problems of Indian Muslims and how they can be resolved. Terrorism has been mentioned in many places in the book, which is an attempt to clarify that Indian Muslims are not intolerant by their nature but external forces want them to live in a state of isolation in the country. This is the reason why an attempt has been made to understand the situation in Kashmir as well. This book is dedicated to all those readers who want to understand Indian Islam from a new but established point of view.
Key Directions In Legal Education
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Author : Emma Jones
language : en
Publisher: Routledge
Release Date : 2020-02-05
Key Directions In Legal Education written by Emma Jones and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-05 with Education categories.
Key Directions in Legal Education identifies and explores key contemporary and emerging themes that are significant and heavily debated within legal education from both UK and international perspectives. It provides a rich comparative dialogue and insights into the current and future directions of legal education. The book discusses in detail topics including the pressures on law schools exerted by external stakeholders, the fostering of interdisciplinary approaches and collaboration within legal education and the evolution of discourses around teaching and learning legal skills. It elaborates on the continuing development of clinical legal education as a component of the law degree and the emergence and use of innovative technologies within law teaching. The approach of pairing UK and international authors to obtain comparative insights and analysis on a range of key themes is original and provides both a genuine comparative dialogue and a clear international focus. This book will be of great interest for researchers, academics and post-graduate students in the field of law and legal pedagogy.
Triple Talaq
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Author : Salman Khurshid
language : en
Publisher: Oxford University Press
Release Date : 2018-01-25
Triple Talaq written by Salman Khurshid and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-25 with Law categories.
Triple talaq, or talaq-e-bidat, is one of the most debated issues in the Muslim world. From antiquity, the Muslim faith has been plagued by the portrayal of Muslim men regularly misusing this perceived “right” to divorce their wives instantly by simply uttering “talaq” thrice. The Supreme Court of India, in the landmark judgment of Shayara Bano v. Union of India, has taken the step to declare this form of talaq unconstitutional and to strike down its practice. In Triple Talaq: Examining Faith, Salman Khurshid, who intervened to offer the court an amicus brief in the “Triple Talaq case”, offers a straightforward yet comprehensive overview of this complicated issue. Explaining the reasons behind the court’s decision, he dives deep into other aspects of this practice: why it is wrong; why it has thrived; what was the judicial history of this issue; what the Quran and Muslim religious leaders say about it; and what the comparative practices in other countries are. A handy guide to this landmark decision and what it means for Muslims in India, this book is written not just for the theologian, but also for the common reader.