The Dissolution of Muslim Marriages Act, deals with the situations in which Muslim women in India can obtain divorce. Its title and content refer to The Muslim Personal Law Shariat Application Act , , which deals with marriage, succession and inheritance among Muslims. The act Act No. The act received assent of the Governor-General on 17 March In Muslim law, the wife can claim divorce under extrajudicial or judicial modes. The extrajudicial modes are Talaaq-i-tafweez and Lian.
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Dissolution of Muslim Marriages Act, 1. Short title and extent 2. Grounds for decree for dissolution of marriage 3. Notice to be served on heirs of the husband when the husbands whereabouts are not known 4. Effect of conversion to another faith 5. Rights to dower not to be affected 6. Toggle navigation. Repeal of section 5 of Act 26 of The Dissolution Of Muslim Marriages Act, 8 of Last Updated 30th December, [act] [17 th March, ] An Act to consolidate and clarify the provisions of Muslim law relating to suits for dissolution of marriage by women married under Muslim law and to remove doubts as to the effect of the renunciation of Islam by a married Muslim woman on her marriage tie.
Statement of Objects and Reasons. The absence of such a provision has entailed unspeakable misery to innumerable Muslim women in British India.
The Hanafi jurists, however, have clearly laid down that in cases in which the application of Hanafi law causes hardship, it is permissible to apply the provisions of the "Maliki, Shafi's or Hambali law". Acting on this principle the Ulemas have issued fatwas to the effect that in cases enumerated in clause 3, Part A of this Bill [now see section 2 of the Act] a married Muslim woman may obtain a decree dissolving her marriage.
A lucid exposition of this principle can be found in the book called "Heelatum Najeza" published by Maulana Ashraf Ali Sahib who has made an exhaustive study of the provisions of Maliki law which under the circumstances prevailing in India may be applied to such cases. This has been approved by a large number of Ulemas who have put their seals of approval on the book.
As the Courts are sure to hesitate to apply the Maliki law to the case of a Muslim woman, legislation recognising and enforcing the abovementioned principle is called for in order to relieve the sufferings of countless Muslim women. One more point remains in connection with the dissolution of marriages. It is this. The Courts in British India have held in a number of cases that the apostasy of a married Muslim woman ipso facto dissolves her marriage. This view has been repeatedly challenged at the bar but the Courts continue to stick to precedents created by rulings based on an erroneous view of the Muslim law.
The Ulemas have issued Fatwas supporting non-dissolution of marriage by reason of wife's apostasy. The Muslim community has, again and again, given expression to its supreme dissatisfaction with the view held by the Courts.
A number of articles have been appearing in the press demanding legislation to rectify the mistake committed by the Courts; hence clause 5 [now see section 4] is proposed to be incorporated in this Bill. Thus, by this Bill the whole law relating to dissolution of marriages is brought at one place and consolidated in the hope that it would supply a very long felt want of the Muslim community in India.
Dissolution of Muslim Marriages Act, 1939
Bare Act: Dissolution Of Muslim Marriages Act, 1939
Dissolution of Muslim Marriages Act