Muslim personal law - Revision history

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	{{Short description\|Set of laws that govern Muslims in India}}		{{Short description\|Set of laws that govern Muslims in India}}
	All the Muslims in India are governed by the '''Muslim Personal Law (Shariat) Application Act, 1937'''.<ref name="indianexpress1">{{cite web\|last1=Rooychowdhary\|first1=Arija\|title=Shariat and Muslim Personal Law: All your questions answered\|url=http://indianexpress.com/article/research/shariat-muslim-personal-law-sharia-history-shayara-bano-shah-bano-triple-talaq-personal-laws-religious-laws-uniform-civil-code-2784081/\|website=The Indian Express\|publisher=Indian Express\|access-date=1 December 2017\|date=4 May 2016}}</ref> This law deals with marriage, succession, inheritance and charities among Muslims. The '''[[Dissolution of Muslim Marriages Act, 1939]]''' deals with the circumstances in which Muslim women can obtain divorce<ref name="dissolution1939">{{cite web\|title=the Dissolution of Muslim Marriages Act, 1939\|url=https://indiankanoon.org/doc/1458498/\|website=indiankanoon.org}}</ref> and rights of Muslim women who have been divorced by their husbands and to provide for related matters.<ref>{{cite web\|title=Maintenance for Muslim women\|url=http://www.thehindu.com/2000/08/07/stories/05072524.htm\|archive-url=https://web.archive.org/web/20161126135156/http://www.thehindu.com/2000/08/07/stories/05072524.htm\|url-status=dead\|archive-date=26 November 2016\|website=[[The Hindu]]\|date=2000-08-07\|access-date=1 December 2017}}</ref> These laws are not applicable in ~~[[Goa]]~~ state ~~and the Union territory~~ of [[~~Damaon, Diu& Silvassa~~]], where ~~the~~ [[~~Portuguese Goan Civil Code~~]] is applicable for all persons irrespective of religion. These laws are not applicable to Muslims who married under the [[Special Marriage Act, 1954]].<ref>{{cite web\|title=Religious conversion: HC query raises more question marks - Times of India\|url=https://timesofindia.indiatimes.com/city/jodhpur/religious-conversion-hc-query-raises-more-question-marks/articleshow/61473880.cms\|work=The Times of India\|access-date=1 December 2017}}</ref>		{{for\|the law in the Philippines\|Code of Muslim Personal Laws}}
			All the Muslims in India are governed by the '''Muslim Personal Law (Shariat) Application Act, 1937'''.<ref name="indianexpress1">{{cite web\|last1=Rooychowdhary\|first1=Arija\|title=Shariat and Muslim Personal Law: All your questions answered\|url=http://indianexpress.com/article/research/shariat-muslim-personal-law-sharia-history-shayara-bano-shah-bano-triple-talaq-personal-laws-religious-laws-uniform-civil-code-2784081/\|website=The Indian Express\|publisher=Indian Express\|access-date=1 December 2017\|date=4 May 2016}}</ref> This law deals with marriage, succession, inheritance and charities among Muslims. The '''[[Dissolution of Muslim Marriages Act, 1939]]''' deals with the circumstances in which Muslim women can obtain divorce<ref name="dissolution1939">{{cite web\|title=the Dissolution of Muslim Marriages Act, 1939\|url=https://indiankanoon.org/doc/1458498/\|website=indiankanoon.org}}</ref> and rights of Muslim women who have been divorced by their husbands and to provide for related matters.<ref>{{cite web\|title=Maintenance for Muslim women\|url=http://www.thehindu.com/2000/08/07/stories/05072524.htm\|archive-url=https://web.archive.org/web/20161126135156/http://www.thehindu.com/2000/08/07/stories/05072524.htm\|url-status=dead\|archive-date=26 November 2016\|website=[[The Hindu]]\|date=2000-08-07\|access-date=1 December 2017}}</ref> These laws are not applicable in the state of [[Goa]], where [[Goa civil code]] is applicable for all persons irrespective of religion. These laws are not applicable to Muslims who married under the [[Special Marriage Act, 1954]].<ref>{{cite web\|title=Religious conversion: HC query raises more question marks - Times of India\|url=https://timesofindia.indiatimes.com/city/jodhpur/religious-conversion-hc-query-raises-more-question-marks/articleshow/61473880.cms\|work=The Times of India\|access-date=1 December 2017}}</ref>

	==History==		==History==
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	===East India Company===		===East India Company===
	Under the East India company, Muslim Law was enforced except when Muslims left the disputes to be determined according to Hindu ''Saastras''.<ref name="abdulrahiman" /> The Regulation 11 of .1772 by Sec. 27 enacted that {{~~Quote~~		Under the East India company, Muslim Law was enforced except when Muslims left the disputes to be determined according to Hindu ''Saastras''.<ref name="abdulrahiman" /> The Regulation 11 of .1772 by Sec. 27 enacted that {{Blockquote
	\|text= "in all suits regarding inheritance, succession, marriage and caste and other religious usages or institutions, the laws of the Quran with respect of Mohamedan and those of the Shastras with respect to Gentoos (Hindus) shall be invariably adhered to."}}		\|text= "in all suits regarding inheritance, succession, marriage and caste and other religious usages or institutions, the laws of the Quran with respect of Mohamedan and those of the Shastras with respect to Gentoos (Hindus) shall be invariably adhered to."}}
	In 1822, the [[Privy council\|Privy Council]] recognized the right of [[Shia]] Muslims to their own law.		In 1822, the [[Privy council\|Privy Council]] recognized the right of [[Shia]] Muslims to their own law.
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	=== Post-Independence India ===		=== Post-Independence India ===
	India's achievement of independence from the British was meant to bring about significant change in the regular life of Indians. Previously under British rule, Indian society was defined by social collectives, caste and religious identity, with a lack of focus on citizenship and the individual.<ref>{{Cite book\|title=Personal Law and Citizenship in India's Transition to Independence\|last=Newbigin\|first=Eleanor}}</ref> An Indian's relationship with politics and the law was indeed determined by these social measures; the Fundamental Rights Constitution was passed and intended to reverse this concept that an individual could be limited based upon caste, religion, economic status, etc. However, the new standards laid out in the Constitution have not come to fruition in society, even 6 years after the passing of the act. Aspects of gender, caste and religion are still determinants of political influence and access to resources.<ref~~>{{Cite book\|title=Personal Law and Citizenship in India's Transition to Independence\|last~~=Newbigin~~\|first=Eleanor}}<~~/~~ref~~>		India's achievement of independence from the British was meant to bring about significant change in the regular life of Indians. Previously under British rule, Indian society was defined by social collectives, caste and religious identity, with a lack of focus on citizenship and the individual.<ref name="Newbigin">{{Cite book\|title=Personal Law and Citizenship in India's Transition to Independence\|last=Newbigin\|first=Eleanor}}</ref> An Indian's relationship with politics and the law was indeed determined by these social measures; the Fundamental Rights Constitution was passed and intended to reverse this concept that an individual could be limited based upon caste, religion, economic status, etc. However, the new standards laid out in the Constitution have not come to fruition in society, even 6 years after the passing of the act. Aspects of gender, caste and religion are still determinants of political influence and access to resources.<ref name="Newbigin"/>

	The Shariat Application Act was enacted by the British government in India in 1937, and, after India became independent from Britain, the Shariat Act (MPL) was maintained in Indian society.<ref>{{Cite journal\|last=Patel\|first=Razia\|title=Indian Muslim Women, Politics of Muslim Personal Law and Struggle for Life with Dignity and Justice\|journal=Economic and Political Weekly\|volume=44\|issue=44\|pages=44–49\|jstor=25663732\|year=2009}}</ref> The law was originally introduced as a matter of policy by the British government, but upon independence MPL became significant to Muslim identity and religion. This primary aspect of religion has created controversy across both Muslim communities and Hindu political organizations.		The Shariat Application Act was enacted by the British government in India in 1937, and, after India became independent from Britain, the Shariat Act (MPL) was maintained in Indian society.<ref>{{Cite journal\|last=Patel\|first=Razia\|title=Indian Muslim Women, Politics of Muslim Personal Law and Struggle for Life with Dignity and Justice\|journal=Economic and Political Weekly\|volume=44\|issue=44\|pages=44–49\|jstor=25663732\|year=2009}}</ref> The law was originally introduced as a matter of policy by the British government, but upon independence MPL became significant to Muslim identity and religion. This primary aspect of religion has created controversy across both Muslim communities and Hindu political organizations.

	=== Current Debates ===		=== Current Debates ===
	Recent debates related to Muslim Personal Law (MPL) are particularly in favor of abolishing the existing legal system for several reasons. It is said that the current organization of MPL in place discriminates against women in three distinct ways; they are that 1) a Muslim man is allowed to marry up to four wives at a time, 2) he can divorce his wife without entering into any legal processes, and 3) he does not need to provide financial support to his ex-wife after three months of the divorce, whereas men of other religions are likely required to support their ex-wives forever. <ref name=":0">{{Cite book\|title=A Rallying Cry for Muslim Personal Law: The Shah Bano Case and Its Aftermath\|last=Vatuk\|first=Sylvia}}</ref>		Recent debates related to Muslim Personal Law (MPL) are particularly in favor of abolishing the existing legal system for several reasons. It is said that the current organization of MPL in place discriminates against women in three distinct ways; they are that 1) a Muslim man is allowed to marry up to four wives at a time, 2) he can divorce his wife without entering into any legal processes, and 3) he does not need to provide financial support to his ex-wife after three months of the divorce, whereas men of other religions are likely required to support their ex-wives forever.<ref name=":0">{{Cite book\|title=A Rallying Cry for Muslim Personal Law: The Shah Bano Case and Its Aftermath\|last=Vatuk\|first=Sylvia}}</ref>

	{{main\|Mohd. Ahmed Khan v. Shah Bano Begum}}		{{main\|Mohd. Ahmed Khan v. Shah Bano Begum}}
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	==Marriage and divorce==		==Marriage and divorce==
	In India, Muslim marriage is a civil contract between a man and a woman. Dissolution of marriage can be done at the instance of the husband (''[[talaq]]''), wife (''[[khula]]'') or mutually (''mubarat''). Talaq allows a Muslim man to legally divorce his wife by stating the word ''talaq''.<ref name= practicallaw>{{cite web\|title=Practical Law UK Signon\|url=https://uk.practicallaw.thomsonreuters.com/6-581-5985?transitionType=Default&contextData=(sc.Default)&firstPage=true&bhcp=1\|website=uk.practicallaw.thomsonreuters.com\|publisher=Thompson Reuters\|access-date=2 December 2017}}</ref> Some Muslim groups recognize [[Triple talaq in India\|triple ''talaq'']] (or ''talaq-i-biddat''), stating three ''talaqs'' at once and proclaiming instant divorce as valid method.<ref name="hanafi">{{cite web\|title=Hanafi jurisprudence sanctions triple talaq - Times of India\|url=https://timesofindia.indiatimes.com/city/hyderabad/hanafi-jurisprudence-sanctions-triple-talaq/articleshow/60182584.cms\|website=The Times of India\|access-date=2 December 2017}}</ref> On 22 August 2017, the [[Supreme Court of India]] deemed instant triple ''talaq'' unconstitutional.<ref>{{cite web\|title=Triple Talaq verdict: What exactly is instant divorce practice banned by court?\|url=http://www.hindustantimes.com/india-news/triple-talaq-verdict-what-exactly-is-instant-divorce-practice-banned-by-court/story-mhQ1SbxnCUUgySQq82sdbJ.html\|website=hindustantimes.com\|publisher=Hindustan Times\|access-date=2 December 2017\|language=en\|date=22 August 2017}}</ref> The [[Muslim Women (Protection of Rights on Marriage) Act, 2019]], which declared instant ''talaq'' illegal and void, came into effect retroactively from 19 September 2018 after being given assent by the [[president of India]] on 31 July 2019 and women can filed case against it in court<ref>http://advocatenarendersingh.com.</ref>		In India, Muslim marriage is a civil contract between a man and a woman. Dissolution of marriage can be done at the instance of the husband (''[[talaq]]''), wife (''[[khula]]'') or mutually (''mubarat''). Talaq allows a Muslim man to legally divorce his wife by stating the word ''talaq''.<ref name= practicallaw>{{cite web\|title=Practical Law UK Signon\|url=https://uk.practicallaw.thomsonreuters.com/6-581-5985?transitionType=Default&contextData=(sc.Default)&firstPage=true&bhcp=1\|website=uk.practicallaw.thomsonreuters.com\|publisher=Thompson Reuters\|access-date=2 December 2017}}</ref> Some Muslim groups recognize [[Triple talaq in India\|triple ''talaq'']] (or ''talaq-i-biddat''), stating three ''talaqs'' at once and proclaiming instant divorce as valid method.<ref name="hanafi">{{cite web\|title=Hanafi jurisprudence sanctions triple talaq - Times of India\|url=https://timesofindia.indiatimes.com/city/hyderabad/hanafi-jurisprudence-sanctions-triple-talaq/articleshow/60182584.cms\|website=The Times of India\|access-date=2 December 2017}}</ref> On 22 August 2017, the [[Supreme Court of India]] deemed instant triple ''talaq'' unconstitutional.<ref>{{cite web\|title=Triple Talaq verdict: What exactly is instant divorce practice banned by court?\|url=http://www.hindustantimes.com/india-news/triple-talaq-verdict-what-exactly-is-instant-divorce-practice-banned-by-court/story-mhQ1SbxnCUUgySQq82sdbJ.html\|website=hindustantimes.com\|publisher=Hindustan Times\|access-date=2 December 2017\|language=en\|date=22 August 2017}}</ref> The [[Muslim Women (Protection of Rights on Marriage) Act, 2019]], which declared instant ''talaq'' illegal and void, came into effect retroactively from 19 September 2018 after being given assent by the [[president of India]] on 31 July 2019 and women can filed case against it in court<ref>http://advocatenarendersingh.com.</ref>

	Other Muslim groups follow ''talaq-i-hasan'', where the husband pronounces ''talaqs'' on three separate instances, each one at least 1 lunar month apart. If the husband changes his mind after the first or second talaq, or cohabits with his wife, the divorce is nullified.<ref name= practicallaw />		Other Muslim groups follow ''talaq-i-hasan'', where the husband pronounces ''talaqs'' on three separate instances, each one at least 1 lunar month apart. If the husband changes his mind after the first or second talaq, or cohabits with his wife, the divorce is nullified.<ref name= practicallaw />

	The husband can delegate power to pronounce ''talaq'' to his wife or a third person by agreement, called ''talaq-e-tafweez''.		The husband can delegate power to pronounce ''talaq'' to his wife or a third person by agreement, called ''talaq-e-tafweez''.
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	==See also==		==See also==
	*[[Christian ~~Personal Law~~]]		*[[Christian personal law]]
	*[[Hindu ~~Personal Law~~]]		*[[Hindu personal law]]
	*[[Special Marriage Act, 1954]]		*[[Special Marriage Act, 1954]]

imported>Denniscabrams: /* Post-Independence India */

2021-08-26T16:05:59Z

Post-Independence India

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{{Short description|Set of laws that govern Muslims in India}}
All the Muslims in India are governed by the '''Muslim Personal Law (Shariat) Application Act, 1937'''.<ref name="indianexpress1">{{cite web|last1=Rooychowdhary|first1=Arija|title=Shariat and Muslim Personal Law: All your questions answered|url=http://indianexpress.com/article/research/shariat-muslim-personal-law-sharia-history-shayara-bano-shah-bano-triple-talaq-personal-laws-religious-laws-uniform-civil-code-2784081/|website=The Indian Express|publisher=Indian Express|access-date=1 December 2017|date=4 May 2016}}</ref> This law deals with marriage, succession, inheritance and charities among Muslims. The '''[[Dissolution of Muslim Marriages Act, 1939]]''' deals with the circumstances in which Muslim women can obtain divorce<ref name="dissolution1939">{{cite web|title=the Dissolution of Muslim Marriages Act, 1939|url=https://indiankanoon.org/doc/1458498/|website=indiankanoon.org}}</ref> and rights of Muslim women who have been divorced by their husbands and to provide for related matters.<ref>{{cite web|title=Maintenance for Muslim women|url=http://www.thehindu.com/2000/08/07/stories/05072524.htm|archive-url=https://web.archive.org/web/20161126135156/http://www.thehindu.com/2000/08/07/stories/05072524.htm|url-status=dead|archive-date=26 November 2016|website=[[The Hindu]]|date=2000-08-07|access-date=1 December 2017}}</ref> These laws are not applicable in [[Goa]] state and the Union territory of [[Damaon, Diu& Silvassa]], where the [[Portuguese Goan Civil Code]] is applicable for all persons irrespective of religion. These laws are not applicable to Muslims who married under the [[Special Marriage Act, 1954]].<ref>{{cite web|title=Religious conversion: HC query raises more question marks - Times of India|url=https://timesofindia.indiatimes.com/city/jodhpur/religious-conversion-hc-query-raises-more-question-marks/articleshow/61473880.cms|work=The Times of India|access-date=1 December 2017}}</ref>

==History==
No evidence records administration of Muslim personal law until 1206 on the Indian peninsula, even Muslim invasions took place during this period.<ref name="abdulrahiman"/> During the reign of [[Mamluk dynasty (Delhi)|Slave dynasty]] (1206-1290 A.D), [[Khalji dynasty]] (1290- 1321), the [[Tughlaq dynasty]] (1321-1413), the [[Lodi dynasty]] (1451 - 1526) and the [[Sur dynasty]] (1539- 1555), the court of Shariat, assisted by the [[Mufti]], dealt with cases involving personal law among Muslims. During [[Sher Shah Suri|Sher Shah]]'s regime, the powers of the court were restricted and Muslim law was modified to suit the requirements of the times.<ref name="abdulrahiman">{{cite web|last1=Rahiman|first1=Abdul, K.K|title=History of the Evolution of Muslim Personal Law in India|url=http://www.dharmaramjournals.in/ArticleFiles/History%20of%20the%20Evolution%20of%20Muslim%20Personal%20Law--K.%20K.%20Abdul%20Rahiman.pdf|publisher=Journal of Dharma: Dharmaram Journal of Religions and Philosophies|access-date=1 December 2017}}</ref> During the regime of [[Mughal dynasty|Mughal kings]] [[Babur]] and [[Humayun]], the earlier laws were followed, and the ''ulemas'' (religious scholars) had considerable influence on legal decisions. During [[Akbar]]'s regime, [[Ulama|Ulemas]]' powers were reduced and shattered the dominance of the orthodox Sunni school. During [[Jehangir]]'s regime, cutting of noses and ears and death penalty could not be inflicted without the Emperor's permission. [[Aurangzeb]] ordered the compilation of a code of law.<ref name="abdulrahiman" />

===East India Company===
Under the East India company, Muslim Law was enforced except when Muslims left the disputes to be determined according to Hindu ''Saastras''.<ref name="abdulrahiman" /> The Regulation 11 of .1772 by Sec. 27 enacted that {{Quote
|text= "in all suits regarding inheritance, succession, marriage and caste and other religious usages or institutions, the laws of the Quran with respect of Mohamedan and those of the Shastras with respect to Gentoos (Hindus) shall be invariably adhered to."}}
In 1822, the [[Privy council|Privy Council]] recognized the right of [[Shia]] Muslims to their own law.

===British Raj===
The British Raj passed Shariat Act in 1937 is followed in India in matters related to marriage, divorce and succession among Muslims.<ref name="indianexpress1"/><ref name= scroll>{{cite web|last1=Daniyal|first1=Shoaib|title=A short history of Muslim personal law in India|url=https://scroll.in/article/849068/a-short-history-of-muslim-personal-law-in-india|website=Scroll.in|publisher=Scroll.in|access-date=2 December 2017}}</ref>

=== Post-Independence India ===
India's achievement of independence from the British was meant to bring about significant change in the regular life of Indians. Previously under British rule, Indian society was defined by social collectives, caste and religious identity, with a lack of focus on citizenship and the individual.<ref>{{Cite book|title=Personal Law and Citizenship in India's Transition to Independence|last=Newbigin|first=Eleanor}}</ref> An Indian's relationship with politics and the law was indeed determined by these social measures; the Fundamental Rights Constitution was passed and intended to reverse this concept that an individual could be limited based upon caste, religion, economic status, etc. However, the new standards laid out in the Constitution have not come to fruition in society, even 6 years after the passing of the act. Aspects of gender, caste and religion are still determinants of political influence and access to resources.<ref>{{Cite book|title=Personal Law and Citizenship in India's Transition to Independence|last=Newbigin|first=Eleanor}}</ref>

The Shariat Application Act was enacted by the British government in India in 1937, and, after India became independent from Britain, the Shariat Act (MPL) was maintained in Indian society.<ref>{{Cite journal|last=Patel|first=Razia|title=Indian Muslim Women, Politics of Muslim Personal Law and Struggle for Life with Dignity and Justice|journal=Economic and Political Weekly|volume=44|issue=44|pages=44–49|jstor=25663732|year=2009}}</ref> The law was originally introduced as a matter of policy by the British government, but upon independence MPL became significant to Muslim identity and religion. This primary aspect of religion has created controversy across both Muslim communities and Hindu political organizations.

=== Current Debates ===
Recent debates related to Muslim Personal Law (MPL) are particularly in favor of abolishing the existing legal system for several reasons. It is said that the current organization of MPL in place discriminates against women in three distinct ways; they are that 1) a Muslim man is allowed to marry up to four wives at a time, 2) he can divorce his wife without entering into any legal processes, and 3) he does not need to provide financial support to his ex-wife after three months of the divorce, whereas men of other religions are likely required to support their ex-wives forever. <ref name=":0">{{Cite book|title=A Rallying Cry for Muslim Personal Law: The Shah Bano Case and Its Aftermath|last=Vatuk|first=Sylvia}}</ref>

{{main|Mohd. Ahmed Khan v. Shah Bano Begum}}
The Shah Bano case of 1978 is related to these discriminatory provisions. A woman named Shah Bano was married to a man named Mohommed Ahmed Khan. Khan fathered several children with a second wife and Shah bano was forced out of the home; she initially sought a maintenance order for Rs. 500 per month, but was given only Rs. 200 per month upon the separation agreement.<ref name=":0" /> No contribution was ever made to her, and she decided to seek legal counsel as a result. Khan very clearly dictated the purpose of the divorce by deciding exactly how much to award Shah Bano with, when to award her and how to do it. By finally deciding to enter into the legal system, Bano shows her pursuit of other interests and the conflict related to muslim domestic life.

==Marriage and divorce==
In India, Muslim marriage is a civil contract between a man and a woman. Dissolution of marriage can be done at the instance of the husband (''[[talaq]]''), wife (''[[khula]]'') or mutually (''mubarat''). Talaq allows a Muslim man to legally divorce his wife by stating the word ''talaq''.<ref name= practicallaw>{{cite web|title=Practical Law UK Signon|url=https://uk.practicallaw.thomsonreuters.com/6-581-5985?transitionType=Default&contextData=(sc.Default)&firstPage=true&bhcp=1|website=uk.practicallaw.thomsonreuters.com|publisher=Thompson Reuters|access-date=2 December 2017}}</ref> Some Muslim groups recognize [[Triple talaq in India|triple ''talaq'']] (or ''talaq-i-biddat''), stating three ''talaqs'' at once and proclaiming instant divorce as valid method.<ref name="hanafi">{{cite web|title=Hanafi jurisprudence sanctions triple talaq - Times of India|url=https://timesofindia.indiatimes.com/city/hyderabad/hanafi-jurisprudence-sanctions-triple-talaq/articleshow/60182584.cms|website=The Times of India|access-date=2 December 2017}}</ref> On 22 August 2017, the [[Supreme Court of India]] deemed instant triple ''talaq'' unconstitutional.<ref>{{cite web|title=Triple Talaq verdict: What exactly is instant divorce practice banned by court?|url=http://www.hindustantimes.com/india-news/triple-talaq-verdict-what-exactly-is-instant-divorce-practice-banned-by-court/story-mhQ1SbxnCUUgySQq82sdbJ.html|website=hindustantimes.com|publisher=Hindustan Times|access-date=2 December 2017|language=en|date=22 August 2017}}</ref> The [[Muslim Women (Protection of Rights on Marriage) Act, 2019]], which declared instant ''talaq'' illegal and void, came into effect retroactively from 19 September 2018 after being given assent by the [[president of India]] on 31 July 2019 and women can filed case against it in court<ref>http://advocatenarendersingh.com.</ref>

Other Muslim groups follow ''talaq-i-hasan'', where the husband pronounces ''talaqs'' on three separate instances, each one at least 1 lunar month apart. If the husband changes his mind after the first or second talaq, or cohabits with his wife, the divorce is nullified.<ref name= practicallaw />

The husband can delegate power to pronounce ''talaq'' to his wife or a third person by agreement, called ''talaq-e-tafweez''.

Section 5 of the Shariat Act of 1937 concerns Muslim women seeking divorce. Section 5 was subsequently deleted and replaced by Dissolution of Muslim Marriages Act 1939. Muslim women can seek divorce in a court of law. A woman can ask for divorce in the following circumstances:

* if whereabouts of the husband has not been known for four years
* if the husband has not provided for her maintenance for two years
* if the husband has been sentenced to imprisonment for seven years or more
* if the husband has failed to perform his marital obligations for three years
* if the husband was impotent at the time of marriage and remains impotent
* if the husband has been insane for two years or is suffering from leprosy or virulent venereal disease
* if the husband treats the wife with cruelty, even if absent physical violence
* if the wife has been given in marriage by her father or guardian before she reached age 15
* if the husband associates with women of evil repute or leads an infamous life or attempts to force her to lead an immoral life
* if the husband disposes of her property or prevents her exercising her legal rights over it
* if the husband obstructs her in the observance of her religious profession or practice
* if he has more than one wife, or does not treat her equitably in accordance with the [[Quran]]; or carries out any other ground recognised as valid for the dissolution of marriages under Muslim law.<ref>{{cite web|url=https://indiankanoon.org/doc/1458498/|title=The Dissolution of Muslim Marriages Act, 1939|website=indiankanoon.org|access-date=2 December 2017}}</ref>

==Inheritance==
===Rules of inheritance===
* A son gets double the share of the daughter wherever they jointly inherit.<ref name="makaan" />
* The wife gets one-eighth of the share if there are children and one-fourth of the share if there are no children. In case the husband has more than one wife, the one-eighth share is divided equally among them. The husband gets one fourth of the share of his dead wife's property, if there are children and one-half if there are no children.<ref>mulla mohammaden law vol. 3</ref>
* If the parent has more than one daughter, only two-thirds of the property is divided equally among daughters. If the parent has only one daughter, half of the parent's property is inherited by her.
* The mother gets one-sixth of her dead child's property if there are grandchildren, and one-third of the property if there are no grandchildren.
* Parents, children, husband and wife all cases, get shares, whatever may be the number or degree of the other heirs.

===''Mahr''===
''[[Mahr]]'' is the total money or property that the husband is required to give the wife at the time of marriage (''[[Nikah]]''). The two types of ''mahr are'' the prompt ''mahr'' which is given to the wife soon after the marriage, and the deferred ''mahr,'' which is given to the wife when the marriage has ended, either due to the death of the husband or by divorce.<ref name="makaan">{{cite web|title=A Muslim Woman's Right To Property In Islamic Law|url=https://www.makaan.com/iq/legal-taxes-laws/examining-a-muslim-womans-right-to-property|publisher=Makaan|access-date=2 December 2017}}</ref>

===Will===
A Muslim can only give one third of his/her total property through a will (w''asiyat'').<ref name="makaan" />

===Gift===
Any type of property can be given as gift.<ref name="makaan" />

==See also==
*[[Christian Personal Law]]
*[[Hindu Personal Law]]
*[[Special Marriage Act, 1954]]

==References==
{{reflist}}

[[Category:Law about religion in India]]
[[Category:Islamic jurisprudence]]