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Judicial Response to Safeguarding Muslim Women through the Abolition of Talaq-ul-Biddat in India
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Sajid Ajamuddin Patel
Assistant Professor at D.A.V. Velankar College of Commerce, Solapur, India
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Dr. Anand N. Raut
Assistant Professor at Maharashtra National Law University Mumbai, India
Abstract
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.
Keywords
- Muslim Women
- Talaq-ul-Biddat in India
Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 8, Issue 2, Page 4146 - 4158
DOI: https://doij.org/10.10000/IJLMH.119506Creative Commons
This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
Copyright
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