Short Q & A: Muslim Law 4

Q. When did the development of Muslim law come to its full in India?

Ans. During the 1980’s

Q. Which is first landmark judgement in Muslim Law?

Ans. The first landmark judgement that deals with the Muslim personal law was the 1986 judgement in Shah Bano V. Md. Ahmed Khan.

Q. What is the judgement in Shah Bano V. Md. Ahmed Khan?

Ans. In this case, the Apex Court held that Muslim women have a right to maintenance under Section 125 of the Criminal Procedure Code even if the Quran or their personal laws have provided for an alternate remedy.

Q. Name the case of Triple Talaq?

Ans. case of Shayara Bano V. Union of India

Q. Why Triple Talaq was held unconstitutional?

Ans. Apex Court held the system of instantaneous divorce by the utterance of the word ‘Talaq’ thrice orally is unconstitutional because the right to instantaneous divorce is only with the men and not with women. Further, the system is arbitrary and hence, violation of Article 14.

Q. What is Legislation?

Ans. Legislations mean statutes enacted by the Parliament or the State legislature for the regulation of human actions in a particular aspect.

Q. What is Sharia?

Ans. In Islam, the entire body of law that governs their day to day personal laws, marriage, divorce, etc. are collectively called the Sharia.

Q. How many provisions are there in Shariat Act, 1937?

Ans. 6

Q. On which grounds a Muslim woman can divorce her husband as per Dissolution of Muslim Marriage Act?

Ans. a) Refusal from maintaining the wife, financially and emotionally,

b) Ill-treatment in the matrimonial house and

c) Desertion by the husband.

Q. Which act gives a right to maintenance after divorce to aMuslim woman?

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

Q. According which bill Triple Talaq is illegal?

Ans. The Muslim Women (Protection of Rights on Marriage) Bill, 2019

Q. Enlist the Acts passed by Indian Parliament for Muslims?

Ans. 1) Shariat Act, 1937; 2) The Dissolution of Muslim Marriages Act, 1939; 3) The Muslim Women (Protection of Right on Divorce) Act, 1986; 4) The Guardians and Wards Act, 1890; 5) The Mussalman Waqf Validating Act, 1913; 6) The Mussalman Waqf Act, 1923; 7) Child Marriage Restraint Act, 1929; 8) The Muslim Women (Protection of Rights on Marriage) Bill, 2019.