Enactment And Reform Under Muslim Divorce

Sweta Sharma, LLM (Family Law), Amity University, Noida

ABSTRACT

The Arabic term talaq means "to release" in its literal sense. Talaq is defined by Islamic law as "the husband's repudiation of the marriage." The word "talaq" derives from a root (tallaqa) that meaning "to release (an animal) from a tether"; hence, it refers to rejecting the wife or releasing her from the bonds of matrimony. According to Islamic law, talaq is not justified by the presence of any fault or matrimonial transgression. When it becomes difficult for a couple to cohabitate, the Muslim view of divorce dictates that they must quietly split. The Dissolution of Muslim Marriage Act, 1939's provisions will apply to anybody seeking a "divorce" as a result of the paper's explanation of modern life and its effects on Muslim men and women. While "Talaq" processes are subject to Muslim personal law, they have recently been the target of a number of court amendments that have altered the Muslim divorce rules in India. Furthermore, the constitutional protections for freedom of religion have made sure that Islamic law's tenets are safeguarded and kept against any attempts to change them. In certain instances, the courts have taken the lead in upholding the constitutional obligation to safeguard religious freedom and the rights of millions of adherents of many religions and sects. However, it has become clear over time that personal laws, particularly those intended to uphold and defend the rights of women, require change. In this regard, it is important to make sure that, if reform is required, it does not come at the expense of freedom and rights, in particular those related to freedom of religion, recognized and protected by the constitution for all facets of society. The most recent Supreme Court decision empowers women. They are set free from the restraints that have prevented them from exercising rights.