ANALYSIS OF MUSLIM PERSONAL LAW IN INDIA WITH REFERENCE TO WOMEN'S RIGHTS
Authors/Creators
- 1. Research Scholar, Amity Law School, Amity University Mumbai, India.
- 2. Assistant Professor, Law –II, Amity Law School, Amity University Mumbai, India.
Description
Abstract
India being a pluralist society is governed by various personal laws, for instances Hindus are governed by Hindu law, Muslims are governed by Muslim law and so on. Muslim personal law is mostly uncodified and based on Quran and Hadith. However, women under Muslim personal laws have been given certain rights like inheritance, acceptance of marriage, etc, which is also being approved by Quran and Hadith. But in relation to divorce, adoption, maintenance, etc, the law is not adequate to protect the women and discriminates women from men. Though, the Constitution of India has guaranteed equality and protection from discrimination based on sex, this discrimination has led to contravention of Human rights of women. This research paper, through its doctrinal research, attempts to study and analyse various violation of rights of Muslim women, interpret various enactments and examine the role of judiciary in protecting the rights of Muslim women