The requisites of a valid mush marriage under this of marriage. Like other religions in india, islam is also a strong advocate of marriage. The dissolution of muslim marriagesact, 1939 an act to consolidate and clarify the provisions of muslim law relating to suits for dissolution of marriage by women married under muslim law and to remove doubts as to the effect of the renunciation of islam by a married muslim woman on her marriage tie. From a religious perspective, muslim marriage act in indian constitution is also a devotional act, i. There are nine grounds in section 2, out of which seven grounds are matrimonial guilts or faults of the husband which entitle a wife to get her. In the case of a female, she can repudiate the marriage before she attains eighteen years of age, provided that the marriage has not been consummated. Definitions chapter ii dissolution of marriage through court 5.
Laws, including the hindu marriage act, 1955 25 of 1955, the parsi marriage and divorce act, 1936 3 of 1936 and the indian christian marriage act, 1872 15 of 1872. Muslim marriage registration muslim marriage act in india. As per this act, marriage or nikah between an indian muslim groom and bride is a civil contract that both the groom and the bride agree to. The muslim women protection of rights on marriage act, 2019. The muslim marriage act is based on the muslim marriage law. Pdf the dissolution of muslim marriage act, 1939 may. But according to fyzee, such a marriage is totally void. The muslim parsonal law covers the field of marriage, divorce, maintenance, guardianship of children and inheritance whereas the general law covers the rights under the constitution, penal codes.
Act marriage officer means a person appointed to be a. An act to protect the rights of married muslim women and to prohibit divorce by pronouncing talaq by their husbands and to provide for matters connected therewith or incidental thereto. An act to protect the rights of married muslim women and to prohibit divorce by pronouncing talaq by their husbands and to provide for matters. In other words such a marriage will be in community of property, unless the. Marriage, in india, is a social need through which families are created. The dissolution of muslim marriagesact, 1939 an act to consolidate and clarify the provisions of muslim law relating to suits for dissolution of marriage by women married under muslim law and to remove doubts as to the effect of the renunciation of islam by a. Title 27 laws of bermuda item government of bermuda. Grounds for decree of dissolution of marriage by wife 6. Muslim marriages and divorces registration act bangladesh. Thus a marriage between a muslim and a nonmuslim can only take place under the special marriage act, 1954. Pdf laws of muslim marriage from the concept of the holy. Nothing contained in this act shall affect any right which a married woman may have under muslim law to her dower or any part thereof. Nothing contained in this act shall affect any right which a married woman may have under muslim law to her dower or any part thereof on the dissolution of her marriage. A kazi or qazi is not necessary for the marriage to take place.
The dissolution of muslim marriage bill, 2016 arrangement of clauses clauses chapter i preliminary 1. The prophet is reported to have said that marriage is obligatory wajib for every physically fit muslim, that marriage is equal to jehad holy war and that he who marries completes half his religion, while the other half is. Muslim marriage act ministry of justice government of. Leone and to provide facilities for giving proof of such marriages. Under shia law, no muslim, whether male or female can marry a nonmuslim in the nikah form.
An act to consolidate and clarify the provisions of muslim law relating to suits for dissolution of marriage by women married under muslim law and to remove. Filing of certificate and registration of marriage by registrar general. Muslim women protection of rights on marriage act, 2019. An act to protect the rights of married muslim women and to prohibit divorce by pronouncing talaq by their husbands and to provide for matters connected therewith or incidental. Dissolution of muslim marriage act, 1939 dmma is sole document in the history of sub continent, which is a departure from the hanafi school of islamic thought. Even those who feel they would not be able to bear the expenses of family are urged to repose faith in allah, as he is the giver of sustenance rizq, and go for an early marriage. Pdf the dissolution of muslim marriage act, 1939 may provide. Muslim marriage and divorces registration act in bangladesh, act no. An act to consolidate and clarify the provisions of muslim law relating to suits for dissolution of marriage by women married under muslim law and to remove doubts as to the effect of the renunciation of islam by a married muslim woman on her marriage tie. The act applies only to indian muslim men and indian muslim women. According to mulla, a marriage between a muslim woman and nonmuslim male is irregular. A woman married under muslim law shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grounds, namely. Marriages and divorces taking place outside the city of banjul, etc.
But this has been abrogated by the muslim dissolution of marriage act of 1939. Also, families, in our society are the fundamental entities. Registration of marriages entered into prior to commencement of act. The muslim women protection of rights on marriage act, 2019 is an act of the parliament of india criminalising triple talaq. Pdf dissolution of muslim marriage act, 1939 dmma is sole document in the history of sub continent, which is a departure from the hanafi. In august 2019 the supreme court of india declared triple talaq, which enables muslim men to instantly divorce their wives, to be unconstitutional.
Law nos, 41 of 1975 act nos, of 1951 31 of 1954 22 of 1955 1. Recommendation for early marriage islam highly recommends an early marriage. The shariat act repeated a calcutta decision, burham vs. Muslim marriage registration procedure in india varies from state to state under different state marriage registration act. Normally its registered under special marriage act 1954. Thus a muslim male or female who has attained the age of 15 can enter into marriage. Rules regulations notifications orders circulars statutory ordinance statutes. This act may be cited as the muslim marriage and divorce act. Some key features of the indian muslim marriage act are listed below. Dissolution of muslim marriages act, 1939 india code. In this actn ochairmano means the chairman of a council.
The proprietary consequences of a muslim marriage will now be the same as a civil union in terms of the marriage act. Thus, a muslim marriage will only be valid where the marriage is solemnized by a marriage officer duly registered as such in terms of the marriage act. An act relating to muslim marriages and their registration. A wife and a husband in a muslim marriage are equal in human dignity. It is said that there is no celibacy in a muslim marriage. Salient features of the dissolution of muslim marriages act, 1939, may be summarised as under. Section 2 the dissolution of muslim marriages act, 1939. An act to define the law relating to muslim marriages in sierra.
The dissolution of muslim marriage act defines the majority as the age of 15 years. What are the salient features of the dissolution of muslim. Vi of, protection of women criminal laws amendment act. The hindu marriage act, 1955 act 25 of 195518th may, 1955 an act to amend and codify the law relating to marriage among hindus. Dissolution of marriage by court in certain circumsta. A muslim marriage is a civil contract in which there is a proposal ijab, usually by the bride and an acceptance qubul, usually by the groom. Act are u that each of the parties belongs to and professes the muslim faith or religion. The dissolution of muslim marriages act, 1939 an act to consolidate and clarify the provisions of muslim law relating to suits for dissolution of marriage by women married under muslim law and to remove doubts as to the effect of the renunciation of islam by a married woman on her marriage tie. The dissolution of muslim marriages act pakistan, available at. The minority opinion suggested the parliament to consider appropriate legislation governing triple talaq in the muslim. The personal laws play a vital role in governing the conflicting interest of the individuals. In this act, unless the context otherwise requires.
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