LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

A Truthseeker ( A retired Indian citizen)     18 January 2010

Muslim Women's ( Protection of Rights on Divorce) Act, 1986.

according to this Act the Muslim Wife would bbe entitled to  avail the facilities of the provisions of sec-125 to 127 Cr.P.C.only if the husband does not want to be guided by this Act and by the Cr.P.C. instead.

              can anyone give us any statistics as how many Muslim husbands have done so. we can then know the justification of any uniform code.


 6 Replies

Syed Adbul Khader Jeelani (Advocate 9642388507)     21 January 2010

Sri, That is the reason justice V.R.Krishna Iyer observed and stated the option should be given to wife. Though it seems to be reasonable. As per strict sense the muslim personal permit the wife to demand Mehar (dower) at the time of marriage to be sufficient for her life time and more particularly the in muslim personal law there was no restriction for subsequent marriages to women unlike to our indian customs. If the Muslim Personal law is strictly followed the Act definetly holds good. To understand the same an indept knowldege Isalm and historical background is necessary.

A Truthseeker ( A retired Indian citizen)     21 January 2010

we none can claim to posess indubitable knowledge may it be legal , religiious , historical. or of any other field.but whether a law is good be it Hindu, Muslim is determined by the fact how far it is for the welfare of the human beings. if it is proved that it is against the interest of human beings and justice it must be annulled on what so ever  or on whom so ever it may be based.

Syed Adbul Khader Jeelani (Advocate 9642388507)     22 January 2010

The Muslim personal Law cannot be changed as it is a divin law embodied in quaran which is the word of Allah and which ordians to do so unlike in our india where the system of dowry is not prevalent in the rest of the world this will may hold good as the women are given liberty to demand their right of maintenance and fix the quantum even before marriage and unless Meher is paid she has refuse for marriage or she can refuse to live with the husband and she had got lien over the property of the husband and she can file execution petition.Though practically these things seems to be difficult as muslim men are given a right to marry upto four this muslim personal alone holds good.


Syed Adbul Khader Jeelani (Advocate 9642388507)     22 January 2010

The Law of Maintenance Nafaq finds place in quran even before the enactement of Cr.P.C and in its lays down the rules and libilites to maintain children, wife, parents and some other family members... Which are words of God. and the rules are embodied in Hadis the preachings of prophet(PBUH). Practically when come to court some of the divorced women though living in adultry still claim maintenance and this has been overcome in Muslim law.

A Truthseeker ( A retired Indian citizen)     26 January 2010

it is always laudable to revere the words of scripttures as sacrosanct as it stablises our faith and conviction. but the uitimate test of a legislation is civilisation and welfare of the human beings. Sati  custom was in the Hindu scripttures. to abolish such a custom many Great hindu reformers fought tooth and nail with hindu the then orthodox, polygamy was also prevalent amongst hindus such was the case with child marriage. if all the hindus subscribed to the views that those were based on words of God hindu society then would have found itself in a pitiable plight.

Bhartiya No. 1 (Nationalist)     27 January 2010

Exactly sir,

Like this In criminal matters also, divine law should be followed.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Related Threads


Popular Discussion

view more »

Post a Suggestion for LCI Team
Post a Legal Query