Introduction to Muslim Law
Muslim law in India is primarily based on Islamic Sharia principles and is governed by various legislations, including:
- The Muslim Personal Law (Shariat) Application Act, 1937
- The Dissolution of Muslim Marriages Act, 1939
- The Wakf Act, 1995
- The Muslim Women (Protection of Rights on Divorce) Act, 1986
It covers essential areas like marriage, divorce, maintenance, inheritance, and succession.
Key Topics Covered in Muslim Law:
✅ Marriage (Nikah) & Its Essentials
✅ Divorce (Talaq) & Maintenance
✅ Inheritance & Succession in Islam
✅ Wakfs & Gifts under Muslim Law
✅ Landmark Cases & MCQs for AIBE Preparation
Landmark Cases on Muslim Law
1. Shah Bano Case (Mohd. Ahmed Khan v. Shah Bano Begum, 1985)
Facts: Shah Bano, a 62-year-old Muslim woman, was divorced by her husband through triple talaq and denied maintenance. She approached the court for justice.
Judgment: The Supreme Court ruled that a divorced Muslim woman is entitled to maintenance under Section 125 of the Cr.P.C.
Conclusion: This case led to the enactment of the Muslim Women (Protection of Rights on Divorce) Act, 1986, which limited maintenance to the iddat period.
2. Shamim Ara v. State of U.P. (2002)
Facts: Shamim Ara’s husband claimed to have divorced her through a written talaqnama.
Judgment: The Supreme Court held that mere pronouncement or writing of talaq without reasonable cause and reconciliation efforts is invalid.
Conclusion: Strengthened women’s rights by preventing arbitrary divorces.
3. Danial Latifi v. Union of India (2001)
Facts: This case challenged the constitutional validity of the Muslim Women (Protection of Rights on Divorce) Act, 1986, which restricted maintenance for Muslim women beyond iddat.
Judgment: The Supreme Court interpreted the Act to ensure that a Muslim woman is provided with fair and reasonable maintenance even after iddat if she is unable to support herself.
Conclusion: Extended the scope of maintenance for Muslim women.
4. Shayara Bano v. Union of India (2017) – Triple Talaq Case
Facts: Shayara Bano filed a petition against the practice of instant triple talaq (Talaq-e-Biddat), arguing that it violated women’s rights.
Judgment: The Supreme Court declared triple talaq unconstitutional, stating that it violates Article 14 (Equality) and Article 21 (Right to Life and Dignity).
Conclusion: Led to the Muslim Women (Protection of Rights on Marriage) Act, 2019, which criminalized instant triple talaq.
5. Bibi Rabia Khatoon v. Mukhtar Ahmed (1966)
Facts: The case dealt with the validity of a Muslim woman’s right to property and inheritance.
Judgment: The Court held that under Muslim law, a widow is entitled to one-eighth share of her deceased husband’s property if she has children and one-fourth if she has none.
Conclusion: Clarified Muslim succession laws in India.
MCQs on Muslim Law
1. Under Muslim law, marriage (Nikah) is considered as:
A) A Sacrament
B) A Civil Contract
C) A Religious Obligation
D) A Void Agreement
✅ Answer: B) A Civil Contract
2. What is the waiting period after divorce for a Muslim woman called?
A) Mehar
B) Iddat
C) Faskh
D) Talaq-e-Tafweez
✅ Answer: B) Iddat
3. Which case led to the criminalization of instant triple talaq?
A) Danial Latifi v. Union of India
B) Shayara Bano v. Union of India
C) Shamim Ara v. State of U.P.
D) Mohd. Ahmed Khan v. Shah Bano Begum
✅ Answer: B) Shayara Bano v. Union of India
4. The Muslim Women (Protection of Rights on Divorce) Act, 1986 was passed as a reaction to which case?
A) Bibi Rabia Khatoon v. Mukhtar Ahmed
B) Danial Latifi v. Union of India
C) Mohd. Ahmed Khan v. Shah Bano Begum
D) Shamim Ara v. State of U.P.
✅ Answer: C) Mohd. Ahmed Khan v. Shah Bano Begum
5. In Islamic inheritance law, how much share does a Muslim widow get if she has children?
A) One-half
B) One-fourth
C) One-eighth
D) None
✅ Answer: C) One-eighth
