Answer By law4u team
Religious Practices and Personal Rights in Muslim Law Muslim law in India is primarily governed by Sharia (Islamic law), which influences religious practices and personal rights. These are regulated by The Muslim Personal Law (Shariat) Application Act, 1937 and judicial interpretations. 1. Religious Practices in Muslim Law Islamic religious practices are based on five pillars of Islam: Shahada (Faith) – Belief in one God (Allah) and Prophet Muhammad as His messenger. Salah (Prayer) – Offering five daily prayers. Zakat (Charity) – Giving a portion of wealth to the needy. Sawm (Fasting) – Observing fasts during the month of Ramadan. Hajj (Pilgrimage) – Visiting Mecca at least once in a lifetime if financially and physically able. These religious obligations are constitutionally protected under Article 25 of the Indian Constitution, ensuring freedom of religion. 2. Personal Rights Under Muslim Law Muslim personal law covers various aspects of family and inheritance laws, including: Marriage (Nikah) Nikah is a contract, requiring offer, acceptance, and two witnesses. Mehr (Dower) is a mandatory gift from the husband to the wife. Polygamy is permitted (up to four wives), but subject to fairness and conditions. Muta marriage (temporary marriage) is recognized among Shia Muslims. Divorce (Talaq) Talaq (Divorce by Husband) – Can be given orally or in writing. Instant Triple Talaq is now illegal under The Muslim Women (Protection of Rights on Marriage) Act, 2019. Khula (Divorce by Wife) – Wife can seek divorce by returning Mehr. Mubarat (Mutual Divorce) – Both spouses agree to separate. Faskh (Judicial Divorce) – Court can dissolve marriage under Dissolution of Muslim Marriages Act, 1939. Maintenance (Nafaqah) A husband must provide maintenance to his wife and children. After divorce, the wife can claim maintenance for the Iddat period (three menstrual cycles or three months). The Supreme Court (Shah Bano case, 1985) ruled that divorced Muslim women can claim maintenance under Section 125 CrPC, but later, the Muslim Women (Protection of Rights on Divorce) Act, 1986 restricted it to the Iddat period. Inheritance Rights Inheritance follows Quranic rules, with fixed shares for heirs. Sons get double the share of daughters (based on responsibility principle). A wife gets one-fourth share if childless, or one-eighth if there are children. A daughter inherits but cannot be excluded from property. Child Custody (Hizanat) The mother has the primary right to custody (Hizanat) until a son turns 7 and a daughter attains puberty. The father is the natural guardian but gets custody later. The Welfare of the Child is the main criterion, even overriding personal law. Conclusion Muslim law governs religious practices, marriage, divorce, maintenance, inheritance, and custody. While it is derived from Islamic jurisprudence, Indian courts ensure that constitutional rights and gender justice are upheld.
