Divorce Under Hindu and Muslim Law

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COMPARISON OF DIVORCE UNDER HINDU AND MUSLIM LAW

Table Of Contents

INTRODUCTION3
SOURCES OF LAW...……………………………………………………………………….4 Muslim Law.5
Hindu Law6
DIVORCE – MUSLIM LAW8
Repudiation9
A. By the Husband9
B. By the wife11
Divorce by Mutual Agreement12
Divorce by the Court12
B.Faskh12
Injury or Discord13
Divorce by Law15
DIVORCE – HINDU LAW16
Mistreatment17
Illness18
Desertion19
Conversion20
Mutual Consent21
CONCLUSION22
Rsearearch Methodology

SUBJECT:Family Law - I
AREA:Personal Laws
TOPIC:Comparison of divorce under Hindu and Muslim law
OBJECT : To compare and analyze the specific differences between the two personal laws and highlight the same.

OBJECTIVES:The specific objectives of this project are
• To Study in detail, the grounds for and procedure with respect to attaining divorce in Hindu and Muslim Laws. • To explain and analyze the same, with the help of comparative method

DATA: Secondary data would be used and utilized in carrying out the research work. The sources of data would include textbooks, reports and articles on the relevant topics and journals.

FOOTNOTING STYLE: The footnoting style, used throughout the project, is in accordance with the one prescribed by the National Law University, Jodhpur.

Introduction

““The worst reconciliation is better than the best divorce”” -  Miguel de Cervantes, El Quijote

The term ‘Divorce’ is derived from the Latin term ‘divortium’ which means to turn aside or separate. Divorce is the legal cessation of a matrimonial bond[1] and thus refers to a situation where a man and wife no longer remain so due to a number of possible reasons, acceptable in law as grounds for divorce.

In the case of Ms. Jordan Diengdeh v. S. Chopra[2], the issue of divorce laws under different religions was addressed and studied. A comparison of the relevant provisions of the Christian marriage act 1872, Hindu marriage act 1955, special marriage act 1954, Parsi marriage and divorce act 1936, dissolution of Muslim marriage act, 1939, show that the law relating to judicial separation, divorce and nullity of marriage is far, far from uniform in different religions.

India has two major legal systems governing personal laws. Hindu law governs Hindus in all aspects of life, and Islamic law governs Muslims in the areas of divorce, marriage, and inheritance. The application of distinct family laws to specific cultural groups is the foremost way in which cultural diversity is recognized. Multicultural institutions often provide unequal rights to citizens, violate individual rights, impede policy change, and restrict cultural exchange. Some argue that such outcomes are inevitable aspects of multiculturalism. Such criticisms are particularly leveled at plural family law systems. This is because the norms of most groups give the genders unequal rights in family life, or at least did so when plural family law systems initially took shape.

While this separate system of governing in the family law context is still intact, it has faced opposition in recent years from the Hindus, who comprise a clear majority of India's population. Muslims, the second largest religious group in India, total approximately ten percent of the population. Several years ago, the Indian Supreme Court took an unprecedented step and requested that the Central Government enact one civil code applicable to all residents of India, drawing from the mandate of Article 44 of the Indian Constitution, which directs the states to "endeavour to secure for the citizens a uniform civil code throughout the Best territory of India."

Sources Of Law

Muslim Law

Even though there are several sources of Islamic law, for the purpose of comparison, only the most basic sources that apply to Muslims in India are relevant. The essence of Islamic law is the Shari'a doctrine. Shari'a consists of commentaries...
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