5.3 Maintenance to Women under Hindu and Muslim Laws - Public Opinion played a very major role in Family Law Cases especially in Sharia Law. This Paper would analyze three major developments in Muslim Personal Laws where Public Opinion and Legislation had played a vital role.
5.3.1 The position prior to Shah Bano’s Case - According to the Muslim Personal Law, maintenance to wife after divorce can be given only during the period of iddat which is the period of three menstrual cycles. After the period of iddat, the wife cannot claim maintenance from her husband. This position led to several Muslim women becoming poverty stricken. This also enabled the Muslim men to manipulate their wives into divorce as there was no maintenance which needs to be paid beyond iddat period. This led to an uproar from the Women Empowerment groups of India as many divorced wives were languishing in poverty and if they had children, they would also lead a poor life without any source of subsistence.
5.3.2 Shah Bano’s Case - Mohd. Ahmed Khan Vs. Shah Bano Begum was a case heard in the year 1985 by a Constitutional Bench of the Supreme Court. Appellant was a 62 year old Muslim woman and a mother of five children. After 14 years of marriage, her husband gave her the irrevocable triple talaq and threw her and her children out of the house. The case was filed by …show more content…
They viewed the Judgment as being an abrogation to the Muslim Personal Law. However, it is to be noted that the inscriptions in the Holy Quran were taken into account in the Shah Bano’s Case while pronouncing the Judgment. The above was of no use as there was a public uproar against the Judgment as it was taken to be against the Muslim Personal Law and in specific their religion. Muslims across the country took to the streets protesting against this
5.3.1 The position prior to Shah Bano’s Case - According to the Muslim Personal Law, maintenance to wife after divorce can be given only during the period of iddat which is the period of three menstrual cycles. After the period of iddat, the wife cannot claim maintenance from her husband. This position led to several Muslim women becoming poverty stricken. This also enabled the Muslim men to manipulate their wives into divorce as there was no maintenance which needs to be paid beyond iddat period. This led to an uproar from the Women Empowerment groups of India as many divorced wives were languishing in poverty and if they had children, they would also lead a poor life without any source of subsistence.
5.3.2 Shah Bano’s Case - Mohd. Ahmed Khan Vs. Shah Bano Begum was a case heard in the year 1985 by a Constitutional Bench of the Supreme Court. Appellant was a 62 year old Muslim woman and a mother of five children. After 14 years of marriage, her husband gave her the irrevocable triple talaq and threw her and her children out of the house. The case was filed by …show more content…
They viewed the Judgment as being an abrogation to the Muslim Personal Law. However, it is to be noted that the inscriptions in the Holy Quran were taken into account in the Shah Bano’s Case while pronouncing the Judgment. The above was of no use as there was a public uproar against the Judgment as it was taken to be against the Muslim Personal Law and in specific their religion. Muslims across the country took to the streets protesting against this