veenzar (Advocate) 03 June 2009
hi.. would you know the procedure of divorce in a Bohri community. also that of custody of children.
are laws applicable to shia's also applicable to bohri's???
one a marriage is registered, is it necessary to follow only islamic laws incase of divorce proceedings, can we not visit the family courts instead? and incase a divorce is granted by the family courts, would it be accepted by religious leaders of the community...??
Khaleel Ahmed (Legal Advisor) 05 June 2009
Before the codification of Mohammad Law 1935.The Bohra muslims were treated under Hindu Law.All the propblems arises out of marital or succession had been considered with in the Hindu Law.
At present the Bohra Muslims are the subject of Mohammadan Law. Which is in practice and enforceable as per the constitution of India.
There is no major difference among the sunnis and shias for the pronouncement of Talaq.The only difference is Shia school needs two competent wittnesses at the time of pronouncement of Talaq. Among the Sunii school do not require any wittness at the time of pronouncement of Talaq.
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