“Muslim Marriage: A Study on the Statutory Development in Indian Subcontinent”.

Abstract

The Indian subcontinent's social and cultural fabric is deeply rooted in Muslim marriage. A man and a woman have a sacred tie that is built on their shared love, respect, and comprehension. Muslim marriage laws in the Indian subcontinent have seen substantial legislative changes over time. The Muslim Personal Law (Shariat) Application Act, which was passed in 1937, is one such development. With regard to marriage, divorce, inheritance, and maintenance, this legislation attempted to codify and combine several Muslim personal rules. In addition to bringing certain changes to safeguard women's rights, it gave traditional Islamic customs legal status. The Enactment of the Dissolution of Muslim Marriages Act in 1939 was another significant milestone. This law gave Muslim women the ability to file for divorce on certain circumstances, such cruelty, abandonment, or nonpayment of support. It was a big step in the direction of Muslim women's empowerment and the protection of their right to end an unhealthy marriage. This summary gives a brief history of Muslim marriage's legislative growth in the Indian subcontinent, covering the period from before independence to the present. Examined are the effects of colonial rule, legal reforms that occurred after independence, significant court cases, and the function of institutions like the All India Muslim Personal Law Board. The discourse explores the obstacles and objections pertaining to personal laws in Islam, specifically concerning the rights of women in the context of matrimony. A comparative examination of Muslim marriage laws throughout the Indian subcontinent is provided, emphasizing similarities and differences. In closing, the abstract discusses recent advancements, throws light on continuing discussions and suggested changes, and emphasizes the need for more study in this dynamic and changing field of law.