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International Journal of Applied Research
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ISSN Print: 2394-7500, ISSN Online: 2394-5869, CODEN: IJARPF


Vol. 8, Issue 2, Part E (2022)

Marriage and divorce in Muslim personal law and Indian constitution

Marriage and divorce in Muslim personal law and Indian constitution

Dr. Amit Kumar Srivastava
Rights of women in Personal Law particularly with respect to marriage and divorce have been controversial in India. Although, Indian Constitution recognizes human rights of equality, right to life, religion, right against the discrimination on the basis of gender etc, but the right of equality of Muslim women is neglected. Muslim women are discriminated on basis of gender. Indian government has enforced only Shariat, leaving customs and usages, in respect of marriage and divorce, but these provisions do not help the Muslim women due to patriarchal legal system. Therefore rights available to Muslim women in Muslim Personal Law about marriage and divorce as well as the rights available under Indian Constitution are violated. The Muslim women, therefore, are continued to suffer for reasons of polygamy, oral unilateral divorce prevalent in the Muslim community. This research paper attempts to highlights as to how the Muslim personal law with respect to the prevalent polygamy and oral unilateral divorce system adversely effects and discriminate the Muslim women on the ground of religion and gender, and suggests the remedies to eradicate such discrimination with them, so that they may enjoy their prestigious life equally with their counterparts in the society.
Pages: 346-350  |  367 Views  62 Downloads
How to cite this article:
Dr. Amit Kumar Srivastava. Marriage and divorce in Muslim personal law and Indian constitution. Int J Appl Res 2022;8(2):346-350.
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