The people of India have observed and maintained communal harmony and religious brotherhood as a sacramental duty. Because the country is home to a diverse range of cultures and religious beliefs, it has a diverse set of personal laws. Muslim and Hindu law are two primary areas of personal law that regulate persons. These laws were in effect in the country long before the Constitution was enacted, and they continue to be legitimate under Article 372.
The government’s goal was to maintain the Indian Shastras and the Quran in matters to which they were inevitably applied, as stated in the Preamble to Regulation III of 1973, which stated that the government’s goal was to maintain the Indian Shastras and the Quran in matters to which they were inevitably applied.
Women have been marginalised for a long time in nearly every culture and history without being controlled by any legal structure. Based on the Western idea of the Enlightenment, law was originally meant as a means for improving our social state. Locke, like Rousseau, believed that it was natural for a woman to be subordinate to her husband, based on Aristotle’s natural law.
As a result, she cannot be seen since she is a naturally free and fair human. In the same way, Manu’s rule governed South East Indian practises, such as daughters obeying their dads, women obeying their husbands, and widows obeying their sons.
Islamic women:-
Islam was the first religion in the world to recognise and grant women equal rights to men. Islam has freed women from slavery, treated them equally, and acknowledged their uniqueness as human beings. Islam enhanced women’s status by establishing rights to property, ownership, inheritance, education, marriage, and divorce. The Quran makes the bold claim that men and women’s rights are equal to their duties. It made a clear statement about gender equality.
Hinduism’s women:-
According to Hinduism, Brahman created woman in the sense of creative dualism to provide for men’s enterprises and to promote procreation, offspring, and family connections. Women had important religious and social responsibilities throughout the Vedic era, according to ancient history.
A woman, on the other hand, has only rudimentary autonomy, according to tradition. She is a dependent individual in a family ruled by male members. Manu Smriti teaches more restrictive standards for people who regard women as land.
Laws regarding Marriage[1]: –
Marriage is a socially or ritually recognised bond or legal contract between spouses, with social or legal duties between the individual concerned and any progeny he or she may bear. It is frequently seen as a contract. Article 21 of the Indian Constitution guarantees the right to marry as part of the right to life. Article 16 of the 1948 Universal Declaration of Human Rights recognises the right to marry.
In Islam[2]:-
Marriage between Muslims is not a sacrament, but rather a civil union that is solemnised by the recitation of Quranic verses. Weddings between both sets of Muslims in India are generally solemnised by Kazis or Mullas, who are legal experts. Both men and women have equal rights in Islam. The couples are equally reliant on one another; they were made for each other to live in peace and harmony. According to the Holy Quran,
From a single soul, HE made you. (Q3:36)
Women’s marital issues are rooted in her image as a dependant, which is passed down to her husband from her father’s care, however in accordance with Islam, women have equal rights of option or preference. The Muslim woman is free to make her own marriage decisions, and her approval is crucial to the marriage contract’s legality.
Islamic law recognises and empowers women as self-sufficient and active members of society. Even after marriage, a Muslim wife retains her individual identity and does not adopt her husband’s name. Women have been treated with dignity and respect throughout Islam.
As a result, marriage as a civil contract provides the woman with additional Shariat law rights in addition to those she already enjoys, such as the right to maintenance commensurate with her position and the right to be treated equally and fairly if the husband has more than one wife.
She is entitled to a dissolution of marriage on specified grounds, as well as dower and the right to refuse cohabitation if it is not paid. The right to a separate sleeping apartment, the right to see and be visited by her parents or children by a prior spouse on a regular basis, and the right to inherit are all obtained.
Mahr:
It is the groom’s obligation to the bride, which is paid in the form of money or property at the time of the Islamic marriage. While the mahr is frequently money, it can also be anything the bride and groom agree on, such as jewellery, household items, furniture, a home, or land. Mahr is usually mentioned in the marriage contract that is signed during the wedding ceremony.
In Hinduism[3]:-
In the year 1955, four different legislation, together known as the Hindu Code Bill, granted Hindu female women rights and benefits. The ordinance resulted in significant changes in Hindu marital customs. It outlines the requirements for Hindu marriage and how to register it. Sec 5 discusses the basics of a Hindu marriage, Sec 7 discusses the rites, and Sec 8 discusses marriage registration.
The Hindu concept of marriage is totally divine, and the marital connection is unbreakable; even the death of the husband cannot release the woman from the marriage bond. While preserving the holy nature of marriage, the Act provided significant relief and advantages to women that had hitherto been denied to them.
Laws regarding Divorce[4]:-
Divorce is a legal procedure in which married spouses decide to split and dissolve the vows expressed at the religious celebration of a marriage. Divorce in India is still a taboo subject, especially for women, who face societal shame as a result of their decision to divorce.
In Islam[5]:-
Islam, a husband has the unilateral authority to divorce his wife without reason or cause. Under the case of Mohd. Ahmed Khan v. Shah Bano Begum[6], the right to divorce (talaq) enjoyed by husbands in Muslim law has been heavily hammered and criticised (Shah Bano case). According to Muslim law, a marital union is a civil contract that can be ended by mutual agreement of the parties, although a male has certain supremacy over a woman under Shariat, allowing him to divorce her under certain formalities even against her choice.
If the marriage was consummated, the wife may marry another person when the iddat is completed; if the marriage was not consummated, she is free to marry right away. The woman is entitled to instant payment of the entire unpaid dower, both prompt and delayed, once the marriage is consummated.
She is entitled to half of the dower if the marriage was not consummated and the amount of dower was stipulated in the contract. The woman is entitled to instant payment of the entire unpaid dower, both prompt and delayed, once the marriage is consummated. She is entitled to half of the dower if the marriage was not consummated and the amount of dower was stipulated in the contract.
Until her iddat term expires, the divorced woman is entitled to support and lodging.
Khula and Mubarat are two types of mutual consent divorce. Khula, which means redemption, and Mubarat, which means mutual separation, are two types of divorces in which the wife obtains her husband’s permission.
The divorced wife is entitled to support from her former husband until she observes iddat, which varies in length according on the circumstances, as previously indicated.
After the period of iddat, or after the delivery and suckling of the kid, there is no provision in Muslim law for the support of a divorced woman.
In Hinduism[7]:-
Because marriage was viewed as an indissoluble connection between husband and wife, the laws of Dharma Shastra did not contain divorce. Divorce was incorporated into Hindu law to protect helpless women who were being mistreated. The Hindu marriage and divorce laws are significantly and dynamically changed in the current legislation.
Specific divorce regulations are spelled forth in Section 13 of the Act. Sec. 14 makes it extremely difficult to obtain a divorce since it states that no appeal for divorce can be filed within one year of marriage unless the applicant or responder has exceptional difficulties or depravity. Section 15 places restrictions on divorced people’s ability to remarry.
Maintenance[8]:-
Personal law protects your right to maintenance. 1973 maintenance provisions apply not just to women and small children, but also to parents who are homeless or separated wives, according to the Criminal Procedure Code. Maintenance may be asserted in accordance with applicable personal legislation.
In Muslim Law[9]:-
The Dissolution of Muslim Marriage Act of 1939 and the Muslim Women (Protection of Rights on Divorce) Act of 1986 regulate Muslim women’s entitlement to maintenance. According to Muslim law, the husband is responsible for maintaining his wife regardless of her obligation to him, and the woman’s claim to maintenance takes precedence over all other considerations.
Food, raiment, and housing, as well as other vital livelihood requirements, are included in maintenance, also known as Nafkah. Though it is lawful for a husband to support his wife during the iddat time, it is just a personal duty for him to support his children. Apart from what she inherited while her husband was alive, a widow is not entitled to receive support from her husband’s inheritance.
In Hindu Law[10] :-
Maintenance is addressed under Section 24 of the Hindu Marriage Act. This provision further states that the submission must be decided in favour of the wife or husband, as the case may be, within 60 days of the day the notification is issued, whichever comes first. The Hindu Adoption and Maintenance Act, Section 25, also provides for maintenance. Also defines maintenance as “support for food, clothes, lodging, education, and medical attention and treatment,” and it allows for reasonable costs for the marriage of an unmarried daughter. According to Hindu Law, a man owes it to his wife, children, and parents to support them.
The Hindu Adoption and Maintenance Act, Section 18, grants the woman two major rights: separate dwelling and maintenance. After her husband’s death, a widow is also entitled to be cared for by her father-in-law under section 19 of the same Act.
Conclusion[11]:-
Although women in India gained the essential constitutional rights to equality between men and women, as well as their right to life and freedom, the Indian constitution guaranteed them a dignified and equal position with males. Despite this, they are deemed to be in disobedience rather than compliance. Personal laws in India control women’s life in particular. Men’s masculine domination and women’s uneven representation are important issues that are intertwined with much of India’s religious governance. While all women face sexism or other forms of prejudice in society, their personal laws are hilariously different.
[1] https://www.myadvo.in/blog/marriage-laws-in-india/
[2] https://blog.ipleaders.in/marriage-under-muslim-law/
[3] https://www.taxmann.com/post/blog/569/all-you-need-to-know-about-the-hindu-marriage-act-1955/#:~:text=There%20are%20no%20restrictions%20imposed,terms%20of%20caste%20and%20communities.&text=Section%205%20of%20Hindu%20Marriage%20Act%2C%201955%20makes%20a%20marriage,at%20the%20time%20of%20marriage.
[4] https://en.wikipedia.org/wiki/Divorce
[5] https://www.helplinelaw.com/family-law/divm/divorce-under-muslim-law.html#:~:text=Under%20the%20Muslim%20Law%20a,specified%20period%20called%20Iddat%20expires.
[6] 1985 (3) SCR 844
[7] https://blog.ipleaders.in/grounds-divorce-the-hindu-marriage-act/
[8] https://automationforum.co/what-is-maintenance-types-of-maintenance/#:~:text=Maintenance%2C%20in%20general%2C%20can%20be,activities%20and%20unplanned%20maintenance%20activities.
[9] https://lawtimesjournal.in/maintenance-in-muslim-law/
[10] https://www.scconline.com/blog/post/2019/01/04/maintenance-wife/#:~:text=Hindu%20Marriage%20Act%2C%201955%2C%20Section,she%20remarries%20or%20remains%20chaste.
[11] http://www.legalserviceindia.com/legal/article-5962-women-in-hindu-and-islam.html
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Women in Islam and Hindu Women in Islam and Hindu Women in Islam and Hindu Women in Islam and Hindu Women in Islam and Hindu
