Muslim Law - Types, Current Status, Important Case, Questions, Books

Muslim Law has been one of the major areas of Legal jurists that have created various ideas and interpretations of the law but it can be seen that Muslim Law was introduced in India with the arrival of Muslim traders and missionaries. The seventh-century com era with the establishment of the Delhi Sultanate in the 13th century marked as a significant turning point in the history of Muslim law. The Delhi alternate grappled with its route in India. Sultan introduced Islamic law as the supreme Law of the land, but it primarily was applied to Muslims and matters related to their personal lives. But over time it started to get applied to every subject of the Sultanate.

This Story also Contains

Marriage Under Muslim Law:
Divorce Under Muslim Law
Important Case Laws Related To Muslim Law In India
Example Questions Based On The Muslim Law In India
Books Related To Muslim Law In India

Muslim Law - Types, Current Status, Important Case, Questions, Books

As per many Legal juries, the Muslim law in India has been derived from various sources and its application has always been a ride topic to be discussed.

One of the major sources of Muslim law is the Quran. It is considered as the primary source of divine revelation Muslim law is dependent upon sharia, which is Complimentary to the sayings of the Quran.
The next source is Hadith, which is seen as a supplement to the Quran it is the scenes and actions of the Prophet Muhammad.
Ijma, no society can exist without these scholars and the academicians and Ima is the consensus of the Muslim scholars on legal matters to have a law-bound society.
Qiyas: it is the set principle of law at what things happened in past, has its repercussions and present and K is the analogical reasoning based on the existing legal precedents.

It is important to keep in mind that Muslim law is not a codified system of law and the interpretation may change depending upon the school of Islamic jurists followed by the individual or community. In India. We have more of the Sunni Muslims as compared to Shia Muslims and the interpretation of the law changes. Accordingly, the principles of Shia are different from Sunni and thus the interpretation and the application of the law are different altogether.

As the Muslim law was unified, an important piece of legislation was introduced named as Muslim Personal Law, implementation act of 1937. The Muslim Law in India covers inheritance maintenance, divorce, and marriage; however, it is important to remember that the state of Goa is not covered by this specific piece of legislation. The state of Goa has a standard civil code which applies to every Goan, regardless of their faith.

Marriage Under Muslim Law:

The Muslim marriage is done by Mohammedan law which is not codified. The marriage is a contract. Some of the eminent jurists also think it has more of the sacred covenant but it is still a matter of question but as it is a contract it suffices all the needs mentioned under the valid contract. as the contract needs offer acceptance promise consideration agreement enforceable by law. All of these things are seen during the Muslim marriage as a contract have been seen logically.

Conditions for a valid Muslim marriage;

In Muslim marriage, the marriage is valid if both parties are of sound mind and retain the age of puberty. It is usually seen at 15 years of age.
The consent of the parties must be free, free of any coercion, undue influence, fraud, mistake or misrepresentation.
In Muslim marriage, Kabool Hai is the acceptance and it shows that there must be a proper proposal followed by its acceptance.
One more ability is that the parties must have no legal disability to get married under Muslim law.

Divorce Under Muslim Law

A woman separated by talaq zahar ila or khula is free to remarry after going through the mandatory iddat period. In Muslim law, there are several types of talaq (divorce). Here's a detailed look at the major ones:

1. Talaq-ul-Sunnat

It is considered the most ideal and revocable form of divorce. It is the most used form of talaq. Further, it is divided into two forms:

Talaq-i-Ahsan: The husband pronounces "talaq" once during the wife's period of purity (tuhr), followed by a three-month waiting period (iddah). Reconciliation is possible during this time. If no reconciliation occurs, the divorce becomes final after the iddah.
Talaq-i-Hasan: The husband pronounces "talaq" during three consecutive periods of purity with an intervening period between each pronouncement. This also includes a three-month iddah but becomes final after the third pronouncement.

2. Talaq-ul-Biddat/Triple Talaq

In India, talaq ul biddat was outlawed and viewed as dishonest and irregular after triple talaq was forbidden. Talaq-ul-Biddat is an irreversible kind of talaq that leads to the dissolution of the marriage. In earlier times, it was sometimes done in one sitting and caused an immediate breakup. The Supreme Court of India ruled that triple talaq, which is still practised by some organisations, is unconstitutional, and thus, the Muslim Women (Protection of Rights on Marriage) Act of 2019 makes it illegal.

3. Talaq-i-Tafwid

In this, the wife is delegated the power to dissolve the marriage. This right is usually granted at the time of marriage (nikah) through the marriage contract (nikahnama) and can include specific conditions or be granted unconditionally.

4. Khula

In this type of divorce is initiated by the wife with the husband's consent. The wife often agrees to forgo her right to mehr (dower) or return it to the husband. The wife approaches a qazi (Islamic judge) or court to obtain a divorce.

5. Mubarat/Divorce by mutual consent

Both husband and wife agree to end the marriage. It usually involves consideration to be determined by the parties involved.

6. Faskh-i-Nikah/ Judicial dissolution of marriage

In Muslim law, a wife may also see divorce from her husband through a Kazi or Court on specific Graham which includes the husband's failure to provide maintenance if he deserts her, cruelty or impotence.

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Triple Talaq Bill

Talaq ul biddat is irregular, sinful and banned in India after triple talaq has been criminalized. It is an irrevocable form of talaq leading to separation of the couple. In previous times, it could happen even in a single sitting, leading to an immediate separation This could be done verbally, in writing, or even electronically in recent times. The wife's presence or consent was not required. However, the practice has been a subject of controversy and debate due to concerns about its potential for unilateral and arbitrary divorce, particularly for its potential to negatively impact women's rights and well-being.

History of talaq: The definition and use of talaq have historically been disputed by various Islamic legal schools. The Triple Talaq refers to the Hanafi school of interpretation which considered saying the word “talaq” three times in a row will be considered as an irrevocable divorce. Some perspectives said it consisted of three separate declarations that had to be harmonised to be regarded as final.

Controversy and Arguments:

Controversies and arguments have always been around this particular form of talaq in India. Triple talaq is banned in India and has been penalised.
The Legal jury has criticised and argued that triple leads to an instant and unpredictable divorce putting women in such a position that is potentially leaving them financially and emotionally vulnerable. Women are at a disadvantageous position in the present society.
It is a principle of law that due process must be forwarded and critics were concerned about the lack of due process and the potential for misuse by husbands without considering the consequences for the wives, putting them in such a vulnerable position that they cannot start their life and the maintenance wouldn’t be provided accordingly.
Article 21, article 19, article 14 and Article 15 of the Indian constitution that women are protected not only for their lives but also for their liberty and their expression and such old age of triple is a stain on the impeccable usage of Law.

Legal Developments Made Related To Muslim Law In India

Many Muslim-majority countries, including Pakistan, Bangladesh, and Indonesia, have banned or reformed triple talaq practices. To safeguard the women from such mental exploitation.
Triple talaq was ruled unlawful and unconstitutional by the Supreme Court of India in 2017, even though it was a common practice among certain Muslim groups in the country. The constitutional law has protected the Fundamentals of women through provisions under the triple talaq bill.
The "Muslim Women (Protection of Rights on Marriage) Act, 2019," which followed, outlawed the custom and imposed a maximum three-year prison sentence. It has been penalised for safeguarding women from vulnerability.

Current Status

While the legal battle surrounding triple talaq has significantly changed the landscape in India, its social and religious implications continue to be debated.
There are ongoing efforts to ensure awareness and enforcement of the law, along with broader discussions about promoting gender equality within religious practices.
This is a complex issue with diverse perspectives and interpretations.
Understanding the historical context, religious interpretations, legal developments, and ongoing debates is necessary for a nuanced understanding.
Respectful dialogue and collaborative efforts are key to addressing concerns and promoting gender equality within communities.

Maintenance Under The Muslim Law In India

Maintenance under Muslim law is a complex topic governed by personal law, codified statutes, and case law interpretations. Here's a breakdown of key areas of maintenance with relevant case laws:

Types of Maintenance:

Iddat period Maintenance: A divorced Muslim woman is entitled to maintenance from her ex-husband during the iddat period (a waiting period after divorce or death of the husband). This is an absolute right.
Shah Bano Case (1985): A landmark decision where the Supreme Court upheld a divorced Muslim woman's right to maintenance beyond the iddat period under Section 125 of the CrPC. This case sparked debates on codified law vs. personal laws.
Maintenance for Wives: A Muslim husband is obligated to maintain his wife during the marriage as long as she is faithful and follows his reasonable instructions. This obligation exists even if the wife has independent means.
Maintenance for Children: Maintenance of the Children would be both Fathers and Mother's responsibility. However, the Father would be the first responsible person whereas, the mother would be the secondary responsible person. If the Father is taking the children responsibility then they primarily are responsible for maintaining their children until they reach puberty age or get their daughters married. Furthermore, if the father is unable to do so then the mother will be taking responsibility. They have a secondary obligation to maintain their children.

Important Case Laws Related To Muslim Law In India

The brief explanations of certain significant case laws related to Muslim law in India are provided below.

Fathima Kutty vs. Muhammad (2008): The Kerala High Court upheld the right of an adult married daughter to claim maintenance from a wealthy father if she is unable to maintain herself.

Muslim Personal Law: Governs The Basic Principles of Maintenance.

Muslim Women (Protection of Rights on Divorce) Act 1986: When a woman files for divorce, she is entitled to a just and reasonable settlement that includes maintenance.
Section 125 of the Code of Criminal Procedure 1973 (CrPC): Provides for maintenance to wives, children, and parents across all religions if they are unable to maintain themselves.
Daniel Latifi vs Union of India (2001): In this case, the Supreme Court made it clear that, under certain restrictions, a divorced Muslim woman's claim to maintenance under Section 125 CrPC endures after the iddat period.
Zohra Khatoon vs Mohd Ibrahim (1986): The Supreme Court upheld a Muslim child's right to maintenance from the father even if their laws differ, as long as the father has sufficient means.

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Example Questions Based On The Muslim Law In India

For better conceptual clarity about the Muslim Law in India. Here are a few example questions:

Q1. In India, which source of Muslim Law holds the highest authority?

(a) Ijma (consensus of scholars)
(b) Qiyas (analogical reasoning)
(c) Quran (holy book)
(d) Hadith (sayings of Prophet Muhammad)

Answer: (c) Quran
Explanation: The Quran is considered the primary and most authoritative source of Muslim Law, followed by the Hadith and then by other sources like Ijma and Qiyas.

Q2. Under Muslim Law in India, a Muslim woman can inherit

(a) Nothing, as inheritance only goes to male relatives.
(b) Up to half the share of a male inheritor.
(c) An equal share to her male siblings.
(d) Varies depending on the specific school of Islamic jurisprudence.

Answer: (d) Varies depending on the specific school of Islamic jurisprudence.
Explanation: While some Islamic legal schools do grant daughters half of their sons' inheritance. However, women's inheritance rights differ among different Islamic schools in India.

Q3. Which of the following is NOT a valid ground for divorce under Muslim Law in India?

(a) Cruelty by the husband
(b) Failure to provide maintenance
(c) Wife's refusal to perform conjugal duties
(d) Mutual consent through "khula"

Answer : (c) Wife's refusal to perform conjugal duties
Explanation: Although there are several reasons for divorce, Muslim law in India generally does not accept a wife's refusal to carry out her marital obligations as a justification for a divorce.

Q4. The Act of 1937 for the Application of Muslim Personal Law (Shariat) covers

(a) Every civil case involving Muslims in India.
(b) Private concerns such as inheritance, divorce, and marriage for Muslims.
(c) Criminal cases are exclusive to Muslims.
(d) Muslims who solely live in certain Indian states.

Answer: (b) Private concerns such as inheritance, divorce, and marriage for Muslims
Explanation: The Act governs specific personal matters for Muslims, not all civil matters or criminal cases.

Q5. Which statement is TRUE about the application of Muslim Law in India?

(a) It is a completely codified system with no room for interpretation.
(b) It faces no challenges or debates regarding its relevance or fairness.
(c) It evolves based on interpretations by scholars and changing societal contexts.
(d) It has no impact on the legal system outside the Muslim community.

Answer: (c) It evolves based on interpretations by scholars and changing societal contexts.
Explanation Muslim Law is open to interpretation by scholars and adapts to certain societal changes, though debates regarding its application persist.

Books Related To Muslim Law In India

The following is a list of books with a brief description about them that you can refer to learn about Muslim law in India.

Outlines of Muhammadan Law by Aqil Ahmed: This concise yet informative book offers a clear understanding of key concepts in Muslim law, making it a valuable resource for students and practitioners alike.
Introduction to the Study of Muhammadan Law by Paras Diwan: This introductory text provides a foundation for understanding Muslim law, covering its historical context, sources, and core principles.
Muslim Law of Marriage by A.A.A. Fyzee: This book explores many grounds and divorce procedures under Muslim law, providing insightful information for both individuals considering divorce and legal experts.

Law of Marriage and Divorce Among Muslims in India by Tahir Mahmood: This book tells us about the court rulings, and societal customs to look at the legal system around marriage and divorce for Muslims in India.

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