top of page

Between Faith And Fundamental Rights: The Evolution Of Muslim Women's Marital Rights In India




Akanksha Choubey, Law College Dehradun, Uttaranchal University

Ashutosh Mishra, Assistant Professor, Law College Dehradun, Uttaranchal University


1. ABSTRACT


This article examines Muslim women's conjugal rights in India and how they relate to the conflict between the persistence of faith-based specific laws and characteristic indigenous protections of gender equality. It takes into account significant legal reforms like the Muslim Personal Law (Shariat) Application Act of 1937, the Dissolution of Muslim Marriages Act of 1939, the Muslim Women (Protection of Rights on Divorce) Act of 1986, and the Muslim Women (Protection of Rights on Marriage) Act of 2019, as well as recent Supreme Court rulings like Shah Bano(1985), Danial Latifi(2001), and Shayara Bano(2017). It also considers the donation of the discourse on the Uniform Civil Code and Muslim women's organisations to induce change from within. It suggests that the part of long-term gains is to amplify Muslim women's voices, instead of exploiting their rights for majority political agendas.


Keywords: Indigenous, Gender, Equality, Women, Political.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

Submit Manuscript: Click here

Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

bottom of page