Judicial Response to Safeguarding Muslim Women through the Abolition of Talaq-ul-Biddat in India
Judiciary has played significant role in protecting Muslim women against the evil of Talaq -Ul- Biddat. But this has not always been the case. Prior to independence, colonial courts in India including the Privy Council contributed minimally to the cause and did not recognize of maintenance. However gradually after independence various High Courts and the Supreme Court declared the practice of Talaq-Ul-Biddat as unconstitutional and bad in law on various grounds like its absence from Holy Quran, not supported by Sunnat of Holy Prophet Muhammad etc. The present paper analyses the advocacy and activism of Indian judiciary in protecting Muslim women in abolishing the practice of Talaq-Ul-Biddat, going beyond and upholding right of maintenance.
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