Paper Title

Muslim Personal Law ; Present Locus possie

Authors

Hamza Kazmi

Keywords

MUSLIM PERSONAL LAW ,CODIFICATION,WOMEN’S RIGHTS ,MUSLIM WOMEN

Abstract

Today, the issues of women rights in Muslim personal Law is highly tendentious. Specially, Muslim women rights relating to triple talaq divorce, inheritance,maintenance has got much inquisitiveness now a days. However, Indian Constitution has guaranteed equality and freedom from bigotry based on gender or religion, but still there are various practices which are based on heartless conservative culture.As we know a large part of Muslim Personal Law is still uncoffined and most of the legal decision pronounces by the courts based on the norms mentioned in Quran and hadith. The central debate on interpretation of Muslim personal laws has both positive as well as negative aspects. Some authors has supported that, Muslim personal laws has given various rights to Muslim women such as choice in marriage, inheritance etc. Some are of the opinion that there are various practices which are against the spirit of Indian Constitution. In this line this research paper attempts to analyse the on-going debate on the implications of Muslim Personal Law in India and suggests various solution to empower Muslim women. Therefore, certain anomalies need to eradicate by giving a true essence of Holy Quaran for the perquisite of the Muslim women’s rights.Muslim personal laws in India have never been systematically codified, in marked contrast both to Hindu family laws in India and to Islamic family laws in much of the Muslim-majority world, both of which have been subject to a far greater degree of codification. This article examines the call being made by one prominent newfanfledMuslim women's organisation, the Bharatiya Muslim Mahila Andolan (BMMA), for the wholesale codification of Muslim family laws in India as a pathway to protecting women's rights. It demonstrates how this document synthesises discourses of women's rights drawn from a series of Qur’anic, constitutional and transnational reference points. By drawing from such diverse sources, and while legal codification in much of the Islamic world has instituted fundamentally patriarchal legal norms.

How To Cite

"Muslim Personal Law ; Present Locus possie", IJNRD - INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT (www.IJNRD.org), ISSN:2456-4184, Vol.9, Issue 10, page no.a579-a583, October-2024, Available :https://ijnrd.org/papers/IJNRD2410060.pdf

Issue

Volume 9 Issue 10, October-2024

Pages : a579-a583

Other Publication Details

Paper Reg. ID: IJNRD_227255

Published Paper Id: IJNRD2410060

Downloads: 00034

Research Area: Social Science and Humanities 

Country: Haridwar, Uttarakhand , India

Published Paper PDF: https://ijnrd.org/papers/IJNRD2410060

Published Paper URL: https://ijnrd.org/viewpaperforall?paper=IJNRD2410060

About Publisher

ISSN: 2456-4184 | IMPACT FACTOR: 8.76 Calculated By Google Scholar | ESTD YEAR: 2016

An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 8.76 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator

Publisher: IJNRD (IJ Publication) Janvi Wave

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