LIJDLR

Muslim Personal Law

DISSOLUTION OF MARRIAGE UNDER MUSLIM LAW WITH SPECIAL REFERENCE TO TRIPLE TALAQ: A FEMINIST CRITIQUE

Volume IV Issue II /

DISSOLUTION OF MARRIAGE UNDER MUSLIM LAW WITH SPECIAL REFERENCE TO TRIPLE TALAQ: A FEMINIST CRITIQUE Dr. D.P. Verma, Professor (Head) at HPU Regional Centre Dharamshala, Himachal Pradesh University (India) Kalyani Acharya, Ph.D., Research Scholar at Himachal Pradesh University (Former Research Associate at Himachal Pradesh National Law University) (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.176 This paper advances a feminist critique of legislative interventions across both the colonial and post-colonial eras, examining how such interventions have profoundly shaped the evolution of Muslim personal law, with particular emphasis on the dissolution of marriage and, specifically, the practice of triple talaq. Public conversation surrounding triple talaq is largely confined to the celebrated case of Shayara Bano and the consequent criminalization of the practice, yet the issue encompasses a far wider and more complex set of concerns. This paper undertakes a critical inquiry into whether triple talaq is genuinely the core problem that media portrayal has made it out to be, or whether it is merely a consequence of the persistent failure to codify Muslim personal law in a comprehensive and systematic manner. It further raises the pointed question of why, despite the perceived severity of the problem, no meaningful legislative steps were taken toward such codification. The analysis is organized across two broad phases. The colonial phase examines the Muslim Personal Law (Shariat) Application Act of 1937 and the Dissolution of Muslim Marriages Act of 1939, exploring how colonial administrative logic shaped these enactments. The post-colonial phase then turns to the Muslim Women (Protection of Rights on Divorce) Act of 1986 and the Muslim Women (Protection of Rights on Marriage) Act of 2019, critically examining the motivations and limitations of these legislative interventions from a feminist standpoint.

DISSOLUTION OF MARRIAGE UNDER MUSLIM LAW WITH SPECIAL REFERENCE TO TRIPLE TALAQ: A FEMINIST CRITIQUE Read More »

FROM CUSTOM TO CODEX – HOW LAW RECONFIGURES SOCIAL CONSTRUCTS OF MARRIAGE AND KINSHIP

Volume III Issue II /

FROM CUSTOM TO CODEX – HOW LAW RECONFIGURES SOCIAL CONSTRUCTS OF MARRIAGE AND KINSHIP Sweksha Kumari, 1st year BALLB Student at Mumbai University. Download Manuscript doi.org/10.70183/lijdlr.2025.v03.67 The research paper examines the changing nature of the interrelationship existing between customary social practices and codified legal frameworks in India as far as the institution of marriage and kinship are concerned. Its key government inquiries are: What has been the effect of conventional precepts on the contemporary Indian calculations of marriage and family as law? And how far do the statutory laws resonate with or clash with the customary law, more so in the rural and diversely socio-cultural environments? It involves the analysis of a doctrine of law, additional to the case law research, review of the statutory interpretations, and sociological implications through the information provided in the census and ethnographic reports. The discussion on the translation of customary norms into enforceable legal rights within the constitutional and statutory regime of India is put in the light of the Latin legal maxim ubi jus ibi remedium which, being translated into English, states where there is a right, there is a remedy. The Indian marriage was celebrated as a holy life-long bond. This is no longer the case however, as it is controlled today by a dual religion or personal laws (e.g., the Muslim Personal Law (Shariat) Application Act, 1937) and secular statutory laws (e.g., the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954). The paper focuses on the tension between norms not stated in the letter of the law and normative democratic rules, particularly when traditional caste, religion, gender, or sexuality discourses add to legal interpretation and enforcement difficulties. In the findings, it is seen that patriarchal ideas of kinship are gradually being reconstituted through courts, especially in such aspects of life as adoption, inheritance and guardianship. It can be summarized in the paper that a balanced legal practice, one that reconciles the traditional legitimacy with constitutional value, is of essence to the provision of justice, which is inclusive yet culturally echoed within a pluralistic society such as India.

FROM CUSTOM TO CODEX – HOW LAW RECONFIGURES SOCIAL CONSTRUCTS OF MARRIAGE AND KINSHIP Read More »