An Introduction Into The Law Of Divorce In Muslim Personal Law In India
- IJLLR Journal
- Jun 9
- 1 min read
Ahmad Bilal, Rashtriya Raksha University
ABSTRACT
This paper explores the evolution of the law of Talaq within Islamic jurisprudence, particularly in the context of India. It traces the historical development of Talaq as a mode of marriage dissolution, beginning with its roots in pre-Islamic Arabia and its reform under Prophet Muhammad. The analysis extends to the application of Talaq during the rule of Muslim dynasties in India, where traditional practices were influenced by local customs. The impact of British colonial rule is examined, highlighting how Anglo-Muhammadan law shaped personal laws and women's rights regarding divorce. The paper further discusses significant judicial interpretations that have redefined Talaq, culminating in the landmark 2019 legislation banning instant Triple Talaq. This study underscores the dynamic interplay between religious doctrine, historical context, and contemporary legal frameworks in shaping the rights and protections afforded to women within Muslim personal law.
Keywords: Divorce, Muslim Personal Law, Historical Evolution, Judicial Interpretation, British colonial law.
