The practice has been outlawed in many muslim majority nations, but is permitted in india under the muslim personal law shariat application act 1937 pdf. Pdf the article examines the development of the legalism of personal law and provisions of community rights for disparate communities in. Published by the all india personal law bpard, camp office, nawatu ulama, lucknow, india. Is the womens wing of the all india muslim personal law. In this chapter, we will learn about the personal laws of hindu, muslims and the christain community. It had been 46 long years and exactly half of his entire life span. It extends 1 to the whole of india 2 except the state of jammu and kashmir. The board was established in 1972 in mumbai, and its dastoor constitution was adopted in 1973 in hyderabad. Maulana mohammad salim qasmi had been working with aimplb since the boards inception till his last breath on 14 april, 2018. In india different religions like hindu, muslim, christian and parsi etc are governed by their own personal law as hindu law hindu law acts 195556, muslim law muslim personal laws shariat application act 1937, christian law, parsi law parsi marriage and divorce act 1936, respectively.
Shaffie established ijmaa as an important source of muslim law and gave validity to custom of the people of islam following more to the method of hanafi school. Mazameen, all india muslim personal law board collection opensource language english. In the face of the uniform civil code debate, the all india muslim personal law board aimplb, constituted in 1973, stands firm on its backing of triple talaq. There is a deep concern growing in some quarters for the imploding moral fabric of our society. The all india muslim personal law board said it would contest the courts decision. Muslim personal law board how is muslim personal law board. Aimplb is an ngo constituted in 1973 for the protection and continued applicability of muslim. D, khalji dynasty 1290 21, the tughlaq dynasty 2114, the lodi dynasty 1451 1526 and the sur dynasty 1539 1555, the court of shariat, assisted by the mufti, dealt with cases. In india different religions like hindu, muslim, christian and parsi etc are governed by their own personal law as hindu law hindu law acts 195556, muslim law muslim personal laws shariat application act 1937, christian law, parsi law parsi. Inheritance is an important branch of the family law of the muslims. All india muslim personal law board women can offer namaaz. Students can download pu lahore llb part 2 past papers online here.
The muslim personal law board shouldnt presume to speak for all indian muslims. All india muslim personal law board is, is one of the main influential body in muslim. In other words, the rules that a person should follow in hisher personal and social life are collectively called muamalat or social law. Rights of muslim womenan analysis under personal law. Historically, the muslim woman has been seen as a passive victim. The fact that only three of the five judges have deemed the practice illegal shows that there was no clear.
Based on the plea by a punebased muslim couple the supreme court has issued a notice to the centre, the waqf board and the all india muslim personal law board aimplb. Muslim personal law and law of inheritance, in light of he quranic verses and relevant enactment such as. The muslim personal law shariat application act, 1937. The supreme court on tuesday admitted for consideration a plea by a couple to lift the ban on muslim womens entry into mosques across the country. Pdf today, the issues of women rights in muslim personal law is highly. The all india muslim personal law board has told the supreme court, women are allowed to offer prayers in the mosque. Punjab university llb part 2 muslim personal law past papers. Some of the urdu journalists dismayed over the recent developments in all india muslim personal law board have written an open letter to maulana wali rahmani, the.
Time to free all india muslim personal law board from the. In particular, the all india muslim personal law board aimplb. The common man is fighting battles against the riggings of capitalism and barely surviving. This act may be called the muslim personal law shariat application act, 1937. Also, petitioner yasmin zubeer ahmed peerzada had demanded judicial intervention. The shariat act repeated a calcutta decision, burham vs. The all india muslim personal law board aimplb is a nongovernment organisation constituted in 1973 to adopt suitable strategies for the protection and continued applicability of muslim personal law in india, most importantly, the muslim personal law shariat application act of 1937, providing for the application of the islamic law code of. Personal law is defined as a law that applies to a certain class or group of people or a particular person, based on the religions, faith, and culture. Introduction all india muslim personal law board is a representative body for the indian muslims. Notwithstanding anything to the contrary contained in section 2 or any other law for the time being in force, or any custom or usage or decree, judgment or order of any court, where before the commencement of the punajb muslim personal law shariat application act, 1948, a male heir had acquired any agricultural land under custom from the. While the muslim personal law board must be commended for abolishing triple talaq, it now needs to set about drafting comprehensive legislation to include this and other matters, such as polygamy. The death of a person brings about a transfer of most of his rights to persons who are called his heirs and representatives. The only authoritative book of islamic jurisprudence is alrisala of imam shaffie. After independence,people from muslim communities belonging to various schools of thought came together on a common platform to defend muslim personal laws.
What exactly is the muslim personal law, how did it originate and why has the indian government faced difficulties in granting equality of marital status to indian muslim women, these are questions that tries to answer. The boards arguments in favour of triple talaq betray a lack of selfawareness and ignore a multiplicity of. Religion and personal law in india,personal laws in india. It gives the reasons why muslims cannot agree to any change in their personal law, the background as well as the reasons for not appreciating the muslim viewpoint, the fine. Muslim personal law synonymous with the arabic muamalat, which means rules and regulations of social life, or the rules that regulate the day to day life of a person. What exactly is the muslim personal law, how did it originate and why has the indian government faced difficulties in granting equality of marital status to indian muslim women, these are questions that. At all india muslim women personal law board, we are dedicated to stepping up our efforts in addressing this issue. In view of problems faced by muslim couples in getting passports, the executive committee of the all india muslim personal law board on sunday passed a resolution demanding that the.
All india muslim personal law board an overview ipleaders. As we know muslims personal law have not codified their property rights of muslim women neither the shias nor the sunnis. The all india muslim personal law board aimplb is a nongovernment organisation constituted in 1973 to adopt suitable strategies for the protection and continued applicability of muslim personal law in india, most importantly, the muslim personal law shariat application act of 1937, providing for the application of the islamic law code of shariat to muslims in india in personal affairs. The all india muslim personal law board, a nongovernmental organisation, for example, has called for a social boycott of people using talaqebiddat, but opposed a law to end it. Before islam was introduced as a religion to arabia, a tribal social structure prevailed there. While the muslim personal law board must be commended for abolishing triple talaq, it now needs to. Muslim personal law yaksan civil code islami book bazar. The muslim personal law board shouldnt presume to speak for. The tribe as a whole determined what was law and the rules were unwritten. Whether the impugned principles of muslim personal law, i. Quiyas or analogy is the contribution of imam shaffie to muslim law.
Llb part 2 muslim personal law punjab university lahore past papers of all previous years are uploaded here. The affidavit in which the all india muslim personal law board sought to defend triple talaq and polygamy is but an execrable summary of the patriarchal notions entrenched in. No evidence records administration of muslim personal law until 1206 on the indian peninsula, even muslim invasions took place during this period. The shah 453 bano controversy and the muslim women. We acknowledge the gruesome reality of the struggle a muslim women goes trough, while seeking khula. Code of muslim personal laws 5 on marriage to whom does the provision on marriage and divorce apply. Aug 29, 2015 muslim personal law and law of inheritance, in light of he quranic verses and relevant enactment such as. The all india muslim personal law board aimplb is a nongovernment organisation constituted in 1973 to adopt suitable strategies for the protection and. Muslim personal laws in india have never been systematically codified. My paper explores how muslim women, as organizers and activists are active participants in the ucc debate today.
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