Seybold Report ISSN: 1533-9211
Dr. Vikas Sharma
Assistant Professor, Institute of Legal Studies and Research, Managalayatan University, Aligarh, U.P., E-mail- vikas.sharma@mangalayatan.edu.in
Nasreen Akhtar
Research Scholar, Institute of Legal Studies and Research, Managalayatan University, Aligarh, U.P., E-mail: nasreenakhtar4785@gmail.com
Vol 17, No 07 ( 2022 ) | DOI: 10.5281/zenodo.6980174 | Licensing: CC 4.0 | Pg no: 486-500 | Published on: 10-08-2022
Abstract
Today, the topic of women's rights in Muslim personal law is particularly contentious. Muslim women's rights to upkeep, in particular, are receiving a lot of attention these days. Despite the fact that the Indian Constitution guarantees equality and freedom from discrimination based on gender or religion, there are several customs that are founded in callous traditional culture. As is well known, a major portion of Muslim personal law remains uncodified, with most legal decisions made by courts based on the standards outlined in the Quran and hadith. The major argument between the interpretation of Muslim personal rules and Indian laws has both good and bad implications. According to certain scholars, Muslim personal laws have granted Muslim women significant rights connected to maintenance. Some, on the other hand, believe that these behaviours violate the spirit of the Indian Constitution.
In this vein, this research study seeks to analyse the ongoing discussion in India about the consequences of Muslim Personal Law and other legislation, as well as to propose alternative solutions to empower Muslim women. As a result, certain abnormalities must be eliminated by providing the genuine substance of the Holy Quran for the sake of Muslim women's rights. Furthermore, the focus of this research article will be on certain aspects of the study of Muslim women's maintenance under Indian law and Muslim personal law. Many Muslim women in India are unaware of their rights under Muslim personal law and Indian law. This study will explain and clarify Muslim women's maintenance under Indian law and Muslim personal law in order to get a critical understanding of the position of Muslim women's maintenance.
Keywords:
Fundamental Rights, Religious Belief, Secularism, Legal Protection