Codification Of Islamic Personal Law In India With Respect To Marriage And Divorce: Obstacles And Strategies
- IJLLR Journal
- Jul 23
- 1 min read
Nayana G, Govt Law College, TVM, University of Kerala
Introduction.
The jurisprudential framework that acknowledges the co-existence of many legal systems is referred to as legal pluralism. Throughout its history, India has consistently preserved the principle of legal pluralism by acknowledging the personal laws of every faith. This is because India is known as the "torchbearer" of unity in diversity. All of the personal laws in India are required to comply with the touchstone of constitutional morality, which is the Constitution of India, which serves as the "grundnorm." A significant number of personal laws, on the other hand, are discriminatory and violate the Right to Equality as outlined in article 15. In accordance with Article 44 of our constitution, the Uniform Civil Code (hence referred to as the "UCC") is envisioned as a Directive Principle that constitutes a positive responsibility on the individual state.
Laws have been passed in India to address the concerns of Muslim women, primarily concerning marriage, divorce, maintenance, and inheritance. These laws have been created in response to the concerns of Muslim women. At the level of the community or society, however, these laws do not provide them with much assistance in their pursuit of justice. It has been demonstrated that the laws that are crafted specifically for Muslim women do not adequately protect their rights and are not helpful in assisting them in achieving the status that is granted to them in the Quran. Despite the fact that there is no personal law that has been codified, Muslim women in India continue to face discrimination and inequality at the hands of the government.
