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Judicial Approach Towards Muslim Women In India




Dr. Anju Gahlot, Assistant Professor, Department of Law, University of Rajasthan, Jaipur, (Rajasthan)

Ms. Nafeesa Bano, Research Scholar, Department of Law, University of Rajasthan, Jaipur, (Rajasthan) & Assistant Professor, Govt. Law College, Bhilwara


ABSTRACT


“The judicial approach towards Muslim women in India has undergone significant transformation, emphasizing gender justice, equality, and constitutional principles. The judiciary has played an instrumental role in shaping Muslim personal laws to align with fundamental rights, addressing issues like marriage, divorce, maintenance, and polygamy. Key judicial pronouncements have contributed to the empowerment of Muslim women, but inconsistencies in personal laws continue to pose challenges. Legislative intervention is necessary to codify and reform these laws while respecting religious sentiments. Legal awareness and access to legal aid must be strengthened to ensure that Muslim women can exercise their rights effectively. The implementation of a Uniform Civil Code remains a debated but potential long-term solution to harmonize personal laws across different communities. A balanced approach that respects religious traditions while upholding constitutional rights is essential to fostering gender equality and justice for Muslim women in India.”


Keywords: Judiciary, Muslim women, gender justice, constitutional rights, personal laws, marriage, divorce, maintenance, polygamy, legal awareness, Uniform Civil Code, fundamental rights, legislative reforms, empowerment, equality.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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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.

 

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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.

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