Muslim Laws

Indian law on matters pertaining to marriage, divorce and succession are governed by personal laws. In Muslim matrimonial mattesr, the laws on a Muslim woman's right to maintenance are clearly laid down. In August 2010, the Delhi High Court ruled that a Muslim man is liable to pay maintenance, to his ex-wife and minor children, until she remarries. Further, the court held that a divorced Muslim woman is entitled to maintenance under the Criminal Procedure Code. The court further said that this is applicable regardless of the provisions of the Muslim law. Muslim law also provides that a person is liable to pay maintenance to his divorced wife, only for the Iddat period (nearly 3 months after dissolution of the marriage).

The Women (Protection of Rights on Divorce) Act, 1986, was enacted with an objective, namely to protect the rights of divorced Muslim women. The Act, entitles a divorced Muslim woman, to claim maintenance from her ex-husband. Further, it provides that the husband is obliged to provide maintenance within the period of iddat (waiting period imposed upon a Muslim woman, after dissolution of her marriage). However, the obligation is not restricted to the period of iddat. Also, the Act provides that in case her husband fails to provide maintenance, she can approach the Wakf Board for the same.

The right of pre-emption or Shuffa, is a preferential right as it implies ‘to become the buyer of an immovable property.’ The principle of pre-emption was developed under the Muslim law, to prevent a stranger from becoming a co-owner of the property, which may cause inconvenience. The right of pre-emption arises only when a complete sale takes place.

The Muslim law of inheritance has been derived from the rules laid down in the Quran. Indian law also recognizes that a Muslim child is considered legitimate only, if born under lawful matrimony. Under Muslim law, a child born outside the lawful wedlock is considered ‘filius nullius’ i.e. a son of nobody. Simply put, the child will be considered as an illegitimate child. Such a child owes no ‘nasab’ i.e. lineage to either parent.

Madrasa is an Arabic word that is closely related with Islamic culture. It indicates a place meant for teaching such as an educational institute. Such an institute could be secular or religious. In Islamic countries, madrasas also include institutions of higher studies.

One of the principles of Islamic banking is the prohibition of Riba (usury). This is because Islamic banking operates on the basis of Sharia laws of banking that are against the payment and acceptance of interest. In Islam, transactions that involve exchange of money for money must obey Divine Instructions and riba is prohibited in the Quran.

Islamic banking refers to banking activities based on the principles and values of Islam and Islamic laws. It is governed by the risk management rules laid down by the Islamic Shariah, which prohibits any unethical transactions. The payment and acceptance of interest-based transaction is strictly prohibited in Islam.  Islamic banking also works by contributing to the attainment of objectives of the respective Islamic economy.

The governments of countries across the world are grappling with issues pertaining to Islamic laws in some form or the other.  The problem does not lie with Islamic laws but with the way it is being interpreted by so-called experts. India is not lagging behind, if you consider the fatwa that was issued by a Saharanpur (U.P.) based Islamic body in May, 2010. The fatwa placed a ban on working Muslim women from talking to their male counterparts without wearing a veil. Obviously, this ban shook the nation and drew flak not only from working Muslim women but also several other major Islamic bodies and media-persons in the country. The latest controversial issue pertains to the growing demand for introducing Islamic banking in India.

In India, Hindu-Muslim marriages evoke controversy, interest and curiosity from across the society. Traditional beliefs, mistaken prejudices and the fear of flouting social norms prevent many young Indians from taking the ‘drastic step’ of marrying a person of another religion. On 12^th May 2010, the Allahabad High Court held that the marriage of a Muslim man to a Hindu girl as void. The Division Bench comprising Justice Rajesh Chandra and Justice Vinod Prasad held that a Muslim man’s second marriage would be null and void when he abandons his first wife and the children, who are born from this first marriage.

Polygamy, most of us know already, is the practice of having more than one spouse at a time. It is considered legal in many countries. Polygamous marriages are also acknowledged in many African countries under Islamic or customary law. A modification of polygamy is polygynous, which is a system of marriage in which a husband can have two or more wives at the same time. In a polyandrous marriage, a woman has two or more husbands at the same time. Next, let’s discuss international laws on polygamy.