Rights of a Muslim Woman Under Personal Law

  • Rights of a Muslim Woman Under Personal Law

    Date : 03-08-2018 10:19

    Rights of a Muslim Woman Under Personal Law

    INTRODUCTION: In India, the position of women has been worse since ages. A woman is considered to be submissive to a man and shall act on command of the man she is with. Before marriage, the strings of control are in the hands of father and after marriage, those are handed over to her husband.

    Thankfully this idea and perception of women has taken a new turn where they have been allowed their freedom with which they are born, and now strength of women can be seen in every sector be it science, medicine, arts etc. but still there is some part of the society which is reluctant to give women their freedom.

    India is known for its diversity with many religions living in harmony in the country. Every religion is governed by their own personal set of laws apart from central laws like Hindus by HMA, 1956; Muslims by Muslim women divorce act, 1986; and Parsis by Parsi marriage and divorce act 1969, and so on.

    RIGHTS OF A MUSLIM WOMAN: Islam is considered to be one of the most adamant religions among all. But there are certain rights granted to a woman belonging to Islam religion, these are-

    ·        Property right of Muslim women: rights with regard to property have not been codified under Muslim personal law. But mahr obtains a great value. It is basically a gift given to a wife from his husband and it can be anything from property or thing of higher value.

    Apart from this, Muslim women inherit property if there are no other heirs. Also, a Muslim woman is entitled to inherit from her independent children.

    ·        Provision of maintenance:  Under Muslim personal law a husband is bound to maintain his wife. This includes food, lodging and other necessary requirements for a basic living. This right of a Muslim woman is guaranteed under dissolution of Muslim marriage act, 1939 and Muslim women (protection of right on divorce) act, 1986. But this right only arises when the claiming woman does not have any means to subsist.

    ·        Divorce: Unlike other religions, Islamic law gives unilateral power to a Muslim man to give divorce to his wife even in an unreasonable manner, this works even if the husband is intoxicated or not in senses. But after 2018judgement this position has been settled where triple talaq has been made illegal. Rights of a woman with respect to divorce are different if the marriage is consummated and if not. 

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