Shariat Act Discriminatory Towards Muslim Women, Gives Higher Share To Men In Property Partitions: Plea In Supreme Court, Notice Issued
2 years ago

Shariat Act Discriminatory Towards Muslim Women, Gives Higher Share To Men In Property Partitions: Plea In Supreme Court, Notice Issued

Live Law  

A Special Leave Petition has been filed before the Supreme Court contending that partition of family property as per Shariat Law is discriminatory towards Muslim women inasmuch as it does not give equal share to a female compared to a male. "In spite of guarantee of the Constitution, Muslim women are subjected to discrimination," the plea filed by Bushara Ali states. She thus challenged Section 2 of the Muslim Personal Law Application Act, 1937 as being violative of Article 15 of the Constitution. The plea raises a question of law as to whether Section 2 of the Muslim Personal Law Application Act, 1937, to the extent of not giving equal share to a female compared to a male is violative of Article 15 of the Constitution and therefore void as per Article 13 of Constitution?

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History of this topic

SC asks Centre’s stand on Shariat
1 month, 2 weeks ago

SC asks Centre’s stand on Shariat

Deccan Chronicle  

New Delhi: The Supreme Court on Tuesday asked the Centre’s stand on a Muslim woman’s plea seeking to be governed by the Indian succession law instead of Shariat. She also sought a declaration that the persons who did not wish to be governed by the Muslim personal law must be allowed to be governed by the “secular law of the …

Court seeks Centre's stand on Muslim woman's plea for secular succession rights
1 month, 3 weeks ago

Court seeks Centre's stand on Muslim woman's plea for secular succession rights

India Today  

The Supreme Court on Tuesday asked for the Centre's stand on a Muslim woman's plea seeking to be governed by the Indian succession law instead of Shariat. She also sought a declaration that the persons who didn't wish to be governed by the Muslim personal law must be allowed to be governed by the "secular law of the country" -- …

‘Fighting for women’s rights assured under Constitution’
5 months, 2 weeks ago

‘Fighting for women’s rights assured under Constitution’

New Indian Express  

KOCHI: The ‘Forum for Gender Equality Among Muslims', a group of Muslim activists who wanted timely reforms in Muslim Personal Law, is not in any way opposing communal beliefs but merely demanding that the rights of women are guaranteed under the Constitution, the members said at the ‘Equality Conference’ held in Kochi on Saturday. In fact, the community has adopted …

Muslim board to explore ways to overturn Supreme Court’s alimony verdict
8 months ago

Muslim board to explore ways to overturn Supreme Court’s alimony verdict

The Hindu  

The All India Muslim Personal Law Board on July 14 asserted that the Supreme Court verdict on maintenance to Muslim women was against Islamic law and authorised its president to explore all possible measures to ensure that this decision is overturned. After a meeting of its working committee in New Delhi, the board adopted a resolution which stated that the …

Indian Muslim women can claim alimony from husband after divorce, rules Supreme Court – Firstpost
8 months, 1 week ago

Indian Muslim women can claim alimony from husband after divorce, rules Supreme Court – Firstpost

Firstpost  

The Supreme Court said a divorced Muslim woman can file a claim for maintenance under Section 125 of the Criminal Procedure Code against her former husband A divorced Muslim woman can now seek alimony from her husband by filing a claim for maintenance under Section 125 of the Criminal Procedure Code, the Supreme Court of India ruled on Wednesday. A …

Ex-Muslim woman from Kerala challenges Muslim Personal Law provisions on inheritance, CJI agrees to hear her case
10 months, 3 weeks ago

Ex-Muslim woman from Kerala challenges Muslim Personal Law provisions on inheritance, CJI agrees to hear her case

Op India  

On Monday, the Supreme Court of India issued notices to State and Union governments while hearing a writ petition seeking a declaration that a person who was born a Muslim, but ceased to be a believer, would not be governed by the Shariat law. In her plea, Safiya seeks a “declaration that persons who do not want to be governed …

SC seeks government’s response on non-believer’s plea to be governed by secular law, not Sharia
10 months, 3 weeks ago

SC seeks government’s response on non-believer’s plea to be governed by secular law, not Sharia

The Hindu  

The Supreme Court on April 29 sought the Union Government’s response to a petition filed by a Kerala-based woman, who said she, though born a Muslim, is now a non-believer, and should be governed by the secular statutes rather than the Sharia law. Mr. Padmanabhan submitted that the Supreme Court has already underscored the “fundamental postulate of secularism which treats …

Supreme Court Transfers To Itself Petition In HC Challenging Validity Of Shariat Act & Polygamy In Muslim Personal Law
1 year ago

Supreme Court Transfers To Itself Petition In HC Challenging Validity Of Shariat Act & Polygamy In Muslim Personal Law

Live Law  

The Supreme Court transferred to itself the pending PIL before the Allahabad High Court challenging the validity of the Muslim Personal Application Act, 1937, and seeking a declaration that Section 494 IPC is ultra vires to the Constitution of India. In March last year, the High Court Bench of Justices Devendra Kumar Upadhyaya and Subhash Vidyarthi issued a notice to …

Muslim women’s forum demands change in personal law
2 years ago

Muslim women’s forum demands change in personal law

The Hindu  

The Forum for Muslim Women’s Gender Justice has demanded the State and Central governments consider gender inequality and violation of constitutional rights of Muslim women in the Indian Muslim Personal Law and support the rights of Muslim women in connection with the Special Leave Petition that has already been filed in the Supreme Court in 2016. ‘Uyirppu 2023’, a State-level …

Woman Governed By Muslim Personal Law Can Invoke Provisions of Domestic Violence Act and Seek Relief: Bombay HC [Read Judgment]
6 years, 10 months ago

Woman Governed By Muslim Personal Law Can Invoke Provisions of Domestic Violence Act and Seek Relief: Bombay HC [Read Judgment]

Live Law  

In a significant judgment, the Bombay High Court has held that merely because parties are governed by the Muslim Personal Law, it should not be an impediment in the wife invoking provisions of the Domestic Violence Act.Justice Bharati Dangre also held there is no embargo on a court to grant relief to a woman who is an “aggrieved person” within …

Woman Governed By Muslim Personal Law Can Invoke Provisions of Domestic Violence Act and Seek Relief: Bombay HC [Read Judgment]
6 years, 10 months ago

Woman Governed By Muslim Personal Law Can Invoke Provisions of Domestic Violence Act and Seek Relief: Bombay HC [Read Judgment]

Live Law  

In a significant judgment, the Bombay High Court has held that merely because parties are governed by the Muslim Personal Law, it should not be an impediment in the wife invoking provisions of the Domestic Violence Act.Justice Bharati Dangre also held there is no embargo on a court to grant relief to a woman who is an “aggrieved person” within …

Petition Filed In Kerala HC Seeking Framing Of Rules On Application Of Shariat Law To Converts [Read Petition]
7 years ago

Petition Filed In Kerala HC Seeking Framing Of Rules On Application Of Shariat Law To Converts [Read Petition]

Live Law  

The Kerala High Court, on Thursday, sought the State's response on a Petition seeking framing of rules on application of Shariat law to those who convert to Islam.The Petition has been filed by Thadevoos Abu Thalib of Muvattupuzha, who was born a Christian but converted to Islam three years ago. He now seeks implementation of the Muslim Personal Law Application …

Petition Filed In Kerala HC Seeking Framing Of Rules On Application Of Shariat Law To Converts [Read Petition]
7 years ago

Petition Filed In Kerala HC Seeking Framing Of Rules On Application Of Shariat Law To Converts [Read Petition]

Live Law  

The Kerala High Court, on Thursday, sought the State's response on a Petition seeking framing of rules on application of Shariat law to those who convert to Islam.The Petition has been filed by Thadevoos Abu Thalib of Muvattupuzha, who was born a Christian but converted to Islam three years ago. He now seeks implementation of the Muslim Personal Law Application …

A nuanced judgment
7 years, 6 months ago

A nuanced judgment

The Hindu  

The Supreme Court of India gave three judgments when asked to consider the constitutional validity of the practice of talaq-e-bidat, or instant triple talaq. It is worth noting that the authorities cited include the Quran and the hadiths, the works of leading Islamic scholars such as Maulana Muhammad Ali, leading secular academics like Prof. Tahir Mahmood, Sunnis, Shias and Dawoodi …

All personal laws in India are discriminatory
7 years, 6 months ago

All personal laws in India are discriminatory

Live Mint  

The Supreme Court’s decision to strike down triple talaq should be the trigger to generate a candid debate on religion-based personal laws in the country. The petition stated that Shariah subjugated Muslim women by imposing purdah, allowing polygamy and unilateral divorce and depriving divorced Muslim women of maintenance rights. Several women’s groups and human rights lawyers’ teams have prepared drafts …

All personal laws in India are discriminatory
7 years, 6 months ago

All personal laws in India are discriminatory

Live Mint  

The Supreme Court’s decision to strike down triple talaq should be the trigger to generate a candid debate on religion-based personal laws in the country. The petition stated that Sharia law subjugated Muslim women by imposing purdah, allowing polygamy and unilateral divorce and depriving divorced Muslim women of maintenance rights. Several women’s groups and human rights lawyers’ teams have prepared …

AIMPLB affidavit reignites debate on women's rights
8 years, 6 months ago

AIMPLB affidavit reignites debate on women's rights

The Hindu  

The affidavit filed by the All India Muslim Personal Law Board in the Supreme Court on Thursday, during the hearing on a petition filed against triple talaq, has reignited the debate on the status of women, their rights, and the clash between personal faith and legal redressal. Last year, the apex court had directed the registration of a suo motu …

Personal laws can’t be challenged before courts, Muslim’s board tells SC
8 years, 6 months ago

Personal laws can’t be challenged before courts, Muslim’s board tells SC

Live Mint  

New Delhi: The All India Muslims Personal Law Board told the Supreme Court on Friday that personal laws of a community cannot be challenged before courts. “Personal laws cannot be challenged as being violative of Part III of the Constitution,” AIMPLB said in its response to the apex court. The AIMPLB was responding to a clutch of petitions filed in …

Woman divorced through call from abroad moves SC against triple talaq [Read Petition]
8 years, 6 months ago

Woman divorced through call from abroad moves SC against triple talaq [Read Petition]

Live Law  

The Supreme Court today issued notices to Ministries of Women and Child Development, Law and Justice, Minority Affairs and the National Commission for Women on a petition filed by a Muslim woman divorced by her husband through a phone call from Dubai, challenging validity of Muslim practices of polygamy, triple talaq and nikah halala.Acting on the petition filed by Ishrat. …

Triple talaq to be tested on ‘touchstone of Constitution’, says Supreme Court
8 years, 8 months ago

Triple talaq to be tested on ‘touchstone of Constitution’, says Supreme Court

The Hindu  

As Muslim women seek the Supreme Court’s intervention to end triple talaq and polygamy, the apex court on Wednesday chose to tread cautiously. Petitions before the Supreme Court alleged that practices like triple talaq and polygamy were “illegal, unconstitutional, and violative of the rights to equality, dignity, life and freedom of religion of Muslim women under the Constitution.” The Bench, …

Muslim women discriminated by personal law? SC asks Centre to submit high level panel’s report
8 years, 11 months ago

Muslim women discriminated by personal law? SC asks Centre to submit high level panel’s report

Live Law  

The Supreme Court today initiated steps for detailed hearing of batch of petitions, one of them taken suo motu by it on the contentious issue and recurring complaints of gender discrimination suffered by muslim women arising out of several rules in its personal laws like triple talaq and polygamy.Significantly, a bench of Chief Justice T S Thakur and Justice U …

Supreme Court asks Centre to file committee report on personal laws within 6 weeks
8 years, 11 months ago

Supreme Court asks Centre to file committee report on personal laws within 6 weeks

Firstpost  

The Supreme Court asked the Centre to file before it the report of a committee which was constituted earlier to look into the aspects of personal laws. New Delhi: The Supreme Court on Monday asked the Centre to file before it the report of a committee which was constituted earlier to look into the aspects of personal laws relating to …

All India Muslim Personal Law Board intervenes in Triple Talaq case before the Supreme Court [Read Petition]
8 years, 11 months ago

All India Muslim Personal Law Board intervenes in Triple Talaq case before the Supreme Court [Read Petition]

Live Law  

On 28 March, the Supreme Court bench comprising the Chief Justice of India, Justice TS Thakur and Justice UU Lalit, will hear as item 8 the case of suo motu writ petition, In Re; Muslim Women’s Quest for Equality. The suo motu writ petition has been registered by the Supreme Court for considering the rights of Muslim women in issues …

Jamaat-e-Ulema can intervene in matters regarding Muslim women's rights, says Supreme Court
9 years, 1 month ago

Jamaat-e-Ulema can intervene in matters regarding Muslim women's rights, says Supreme Court

Firstpost  

The Supreme Court contended that Muslim personal law was protected by the right to freedom of religion guaranteed under constitution New Delhi: The Supreme Court on Friday permitted an intervention application by the Jamaat-e-Ulema-Hind contending that Muslim personal law was protected by the right to freedom of religion guaranteed under the Constitution and there was sufficient protection for women’s rights …

Court can't test validity of Personal Law: Muslim group to Supreme Court [Read Petition]
9 years, 1 month ago

Court can't test validity of Personal Law: Muslim group to Supreme Court [Read Petition]

Live Law  

The Supreme Court today allowed the Jamiat Ulama-i-Hind to become a party in a suo motu PIL instituted to consider gender discrimination suffered by Muslim women owing to "arbitrary divorce and second marriage of their husbands during the currency of their first marriage".The organisation contended that the court cannot test the validity of personal law. The Supreme Court today allowed …

All-women Sharia Court to redress grievances of Muslim women
11 years, 5 months ago

All-women Sharia Court to redress grievances of Muslim women

India TV News  

Pune: A Sharia Court conducted solely by women with an aim to redress grievances of Muslim women has started functioning in the city. Set up by Bharatiya Muslim Mahila Andolan, the first all-women Sharia Court here will deal with various family issues, including marital discord, divorce as well as property-related disputes.“We will be functioning to mete out justice to women …

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