Download or read book The Muslim Women Protection of Rights on Marriage Bill 2019 written by Salim Khan Anmol and published by Sakha Global Books, Inc.. This book was released on 2022-08-15 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Muslim Women Protection of Rights on Marriage Bill 2018 Triple Talaq Bill Or Triple Talaq Law of India written by Shubham Sinha and published by Independently Published. This book was released on 2019-08-09 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Abolition of Triple Talaq Under the Muslim Women Protection of Rights on Marriage Act 2019 20 of 2019 written by Pramod Kumar Das and published by . This book was released on 2019 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Muslim Women Protection of Rights on Divorce Act 1986 written by Arshad Subzwari and published by Universal Law Publishing. This book was released on 1996 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Abolition of Triple Talaq written by and published by . This book was released on 2019 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Commentaries on the Muslim Women Protection of Rights on Divorce Act 1986 Act No 25 of 1986 written by J. P. Bhatnagar and published by . This book was released on 1987 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book A Legal Compendium on Abolition of Triple Talaq written by and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Mulla Principles of Mahomedan Law written by Dinshah Fardunji Mulla and published by . This book was released on 2021 with total page 872 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Bhatnagar s Commentary on Muslim Women Their Rights written by J. P. Bhatnagar and published by . This book was released on with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Abolition of Triple Talaq written by and published by . This book was released on 2018 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Muslim Women Protection of Rights on Divorce Act written by V. R. Iyer and published by . This book was released on 1989-01-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Abolition of Triple Talaq written by Pramod Kumar Das and published by . This book was released on 2018 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Maintenance Rights of Muslim Women written by Mohammad Afzal Wani and published by . This book was released on 1987 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt: With reference to the Muslim personal law in India.

Download or read book The Asian Yearbook of Human Rights and Humanitarian Law written by Javaid Rehman and published by BRILL. This book was released on 2021-08-09 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Socio legal Status of Muslim Women written by Muniza Rafiq Khan and published by . This book was released on 1993 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Muslim Women Protection of Rights on Divorce Act 1986 Act No 25 of 1986 Along with The Muslim Women Protection of Rights on Divorce Rules 1986 written by India and published by . This book was released on 1993* with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Triple Talaq written by Salman Khurshid and published by Oxford University Press. This book was released on 2018-01-25 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.