The Muslim Women Protection Of Rights On Marriage Bill 2019
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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.
Bhatnagar S Commentary On Muslim Women Their Rights
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Author : J. P. Bhatnagar
language : en
Publisher:
Release Date :
Bhatnagar S Commentary On Muslim Women Their Rights written by J. P. Bhatnagar and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on with Divorce categories.
The Muslim Women Protection Of Rights On Divorce Act 1986
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Author : Arshad Subzwari
language : en
Publisher: Universal Law Publishing
Release Date : 1996
The Muslim Women Protection Of Rights On Divorce Act 1986 written by Arshad Subzwari and has been published by Universal Law Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Divorce categories.
Mulla Principles Of Mahomedan Law
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Author : Dinshah Fardunji Mulla
language : en
Publisher:
Release Date : 2021
Mulla Principles Of Mahomedan Law written by Dinshah Fardunji Mulla and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Islamic law categories.
Commentaries On The Muslim Women Protection Of Rights On Divorce Act 1986 Act No 25 Of 1986
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Author : J. P. Bhatnagar
language : en
Publisher:
Release Date : 1987
Commentaries On The Muslim Women Protection Of Rights On Divorce Act 1986 Act No 25 Of 1986 written by J. P. Bhatnagar and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with Desertion and non-support categories.
The Muslim Women Protection Of Rights On Divorce Act
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Author : V. R. Iyer
language : en
Publisher:
Release Date : 1989-01-01
The Muslim Women Protection Of Rights On Divorce Act written by V. R. Iyer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989-01-01 with categories.
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.
The Muslim Women Protection Of Rights On Divorce Act 1986
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Author : V. R. Krishna Iyer
language : en
Publisher:
Release Date : 1987
The Muslim Women Protection Of Rights On Divorce Act 1986 written by V. R. Krishna Iyer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with categories.
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.
Indian Muslim Women S Movement
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Author : Zakia Soman, Dr. Noorjehan Safia Niaz
language : en
Publisher: Notion Press
Release Date : 2020-07-29
Indian Muslim Women S Movement written by Zakia Soman, Dr. Noorjehan Safia Niaz and has been published by Notion Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-29 with Law categories.
This collection of essays and articles captures the beginning of the Muslim women’s movement in India in the last two decades. Written at different points during the journey, these pieces provide a glimpse into the collective tumultuous journey of women demanding reform in Muslim family law in India and for equal citizenship without discrimination. This journey was undertaken by ordinary women under their own leadership. This collection highlights the challenges faced by women. It also celebrates successes such as the organization of women into groups, abolition of triple talaq and women’s entry into the mazar of Haji Ali Dargah. This book is a collection of articles written by authors, individually and jointly in various newspapers, magazines, journals and other publications. It challenges the misogynist regressive norms for women in family set by patriarchal religious groups. It calls for state accountability in providing safety, security and equality to Muslim citizens. Based on experiences and insights from grounded struggle of ordinary women, these essays give hope and provide strength in addressing discrimination through shared vision and collective democratic action. It calls out the failure of conservative religious leadership as well as elected representatives in providing an enabling environment to the community and particularly, women. It calls out certain feminists for their dual standards and for unsuccessful attempts to weaken the movement for reform in family law led by ordinary Muslim women.