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Religion

Place to discuss and debate religion, in a civil way.

Zoya Khan , Oct, 02 2016

The Muslim Personal Law is supposed to protect Women from discriminatory customary laws, but is very ineffective. Why does religion decide come over Law?


Several laws have been enacted to address the concerns of Muslim women in India dealing primarily with issues like marriage, divorce, maintenance and inheritance. But at the community or societal level, these laws do not help them much in seeking justice. The laws that are framed exclusively for Muslim women fail to protect their rights and prove ineffective in helping them enjoy the status as guaranteed to them in the Quran. In the absence of a codified personal law, Muslim women in India are still subjected to gender injustice and inequalities.

The Shariat Application Act, 1937

In 1937, Muslim Personal Law (Shariat) Application Act was passed when India was still a British colony. Its main objective was to govern the Muslim community by a unified shariat law and not by the prevailing customary laws that have displaced the rules of the shariat law.

Several laws have been enacted to address the concerns of Muslim women in India dealing primarily with issues like marriage, divorce, maintenance and inheritance. But at the community or societal level, these laws do not help them much in seeking justice. The laws that are framed exclusively for Muslim women fail to protect their rights and prove ineffective in helping them enjoy the status as guaranteed to them in the Quran. In the absence of a codified personal law, Muslim women in India are still subjected to gender injustice and inequalities. The Shariat Application Act, 1937 In 1937, Muslim Personal Law (Shariat) Application Act was passed when India was still a British colony. Its main objective was to govern the Muslim community by a unified shariat law and not by the prevailing customary laws that have displaced the rules of the shariat law.

Ashish Kulkarni , Oct, 02 2016


Muslim community being divided in itself into two sects shias and sunnis which are further divided into Ismailis, Bohras ,Ithna-Ashari and Hanafi, Shafi, Hanbali, Maliki respectively have their own interpretion of the shariat law which does not put much emphasis on the womens rights. The one and only muslim dominated state in india Jammu and Kashmir doesn't follow the shariat act it follows Sri Pratap consolidation of laws act.There is no uniformity in the laws followed by the whole community

Codification ensures the uniformity of the laws through out india and protect muslim women from exploitation a uniform civil code will be a right step towards ensuring muslim women their rights and granting them equality which is enshrined in the constitution.

Muslim community being divided in itself into two sects shias and sunnis which are further divided into Ismailis, Bohras ,Ithna-Ashari and Hanafi, Shafi, Hanbali, Maliki respectively have their own interpretion of the shariat law which does not put much emphasis on the womens rights. The one and onl


Vassal Shergil , Oct, 02 2016


Since these laws are unwritten in nature, they led to different interpretation by different Ulemas, Muslim Trusts, etc. Thus codification would ensure that there would not be personal biases. Most of the time, if someone tries to change the ambiguity in the laws by approaching courts; Muslim bodies try to use the fundamental right to religion under article 25 as cover. Also, orthodox views by Muslim bodies become hindrance for women empowerment, leading to their isolation and marginalisation.

Since these laws are unwritten in nature, they led to different interpretation by different Ulemas, Muslim Trusts, etc. Thus codification would ensure that there would not be personal biases. Most of the time, if someone tries to change the ambiguity in the laws by approaching courts; Muslim bodies


Ritesh Aggarwal , Oct, 02 2016


Diversity in muslim demography having different pasts so the different customs and traditions have led to different interpretations of these personal laws causing huge dissent between the victimized muslim women and their patriarchal community. Muslim women groups have been demanding for codification Muslim Personal law as it will help in articulating contentious interpretations of the personal law.This enacting of law based on just Islamic framework will not help in endorsing muslim women's Quranic rights but also their rights as Indian citizens.

Diversity in muslim demography having different pasts so the different customs and traditions have led to different interpretations of these personal laws causing huge dissent between the victimized muslim women and their patriarchal community. Muslim women groups have been demanding for codificatio


Ashat , Oct, 02 2016


There are four different schools of Islamic law, each of which interprets the writings in the Quran in different ways and consists of varying rules and regulations for the Islamic community world over. The four schools developed in four different centuries. Countries with Muslim population have each adopted their Islamic laws based upon one of these schools depending upon their specific situation. The British who were at this point in time governing India, were trying to ensure that Indians be ruled according to their own cultural norms. Since 1937 therefore, the Shariat Application Act mandates aspects of Muslim social life such as marriage, divorce, inheritance and family relations. The Act lays out that in matters of personal dispute the State shall not interfere.
The applicability of the Shariat Act has come under controversy in the past as well. There have been previous instances when the issue of protection of women’s rights as part of the broader fundamental rights came into conflict with religious rights. Most well known among these is the Shah Bano case. In 1985, 62-year-old Shah Bano, filed a lawsuit, seeking alimony from her former husband. The Supreme Court, in this case, had held up her right to alimony, but the judgment was vehemently opposed by the Islamic community who considered it to be going against the written rules in the Quran. The case triggered a controversy regarding the extent to which courts can interfere into religious laws. The Congress government which was then in power, passed the Muslim Women, which made it necessary for the husband to pay alimony to his wife, but only during the period of iddat, that is 90 days after divorce.

There are four different schools of Islamic law, each of which interprets the writings in the Quran in different ways and consists of varying rules and regulations for the Islamic community world over. The four schools developed in four different centuries. Countries with Muslim population have each


Mayank , Oct, 02 2016


In the absence of a codified law, customary practices which are divergent from the values and principles of the Quran have emerged. The Muslim community is governed by the Shariah or the Islamic legal system, which isn’t codified. In the absence of a codified law, these decisions are made by qazis, muftis and maulvis, who have made it an exclusive male domain often to the detriment and disservice of women. Every maulvi or qazi has his own interpretation of Sharia, and all malpractices are passed off as Islamic. Qazis validate oral divorce, polygamy or halalah instead of pointing out their invalidity as per the Quran, since these are barbaric practices.

In the absence of a codified law, customary practices which are divergent from the values and principles of the Quran have emerged. The Muslim community is governed by the Shariah or the Islamic legal system, which isn’t codified. In the absence of a codified law, these decisions are made by qazis