Plea earlier than the Supreme Court docket towards uniform civil legislation referring to divorce and alimony
A petition has been filed with the Supreme Court against an “apparent attempt” to lose the fundamental right of Muslim women to practice their religion under the guise of a “uniform law” for all faiths.
Amina Sherwani has asked the Supreme Court to hear her before deciding whether a single civil law governing divorce, alimony and alimony will better suit Muslim women like her.
Last December, the Supreme Court agreed to review attorney AK Upadhyay’s plea for a single law covering divorce, alimony and alimony for all religions. Mr. Upadhyay had argued that laws regulating them in certain religions discriminate and marginalize women.
“Try to interfere”
Ms. Sherwani says she represents women who follow the Islamic faith, who have married according to Muslim rites and traditions, and is the recipient of the rights and entitlements granted to her. She said her personal law allows Muslim women like her “such rights that may not be available under other marriage laws”.
Ms. Sherwani said Mr. Upadhyay’s petition was a “deliberate attempt to interfere with the cultural and customary practices and customs that are protected by Articles 25 and 26 of the Constitution”.
Muslim personality rights offer a Muslim woman various options to divorce her husband. These include Talak-e-Tafweez (the woman’s right to divorce her husband is like that of the husband if the same has been admitted to the Nikahnama or if the husband has made such a delegation at a later date); Khula – the woman can have her marriage dissolved by Darul Kaza (Shariat Court); Talak-e-Mubarrah – Divorce by mutual consent; Fask – the woman can obtain a marriage annulment through Darul Kaza; and finally, the 1939 Dissolution of Muslim Marriages Act.
The motion submitted by Ms. Sherwani states: “Muslim marriage is contractual in nature and, as such, the contracting parties may impose conditions governing their marital relationships. Such conditions can be imposed before marriage, or at the time of marriage, or even after marriage. ”
She said a way to resolve marital disputes through mediation is also provided for in Islamic marriage law.
More for the bride
Ms. Sherwani also referred to “more”, which is “seen as a symbol of respect for women and as such should be substantial”.
“A small amount is wrong according to Islamic principles. If no additional fees are paid at the time of the divorce, the wife is entitled to keep her husband’s property. In the event of the husband’s refusal to pay the excess, the wife is entitled to live separately and during that time she is entitled to maintenance from her husband, ”the application states.