The dissolution of muslim marriages act 1939 indian. Dissolution of muslim marriages act of 1939 jones 2010. The prevalent family laws in pakistan also do not approve of the unfair nature of separation occurring under any process whether eila or zihar. Divorce in muslim law dissolution of muslim marriage act. The dissolution of muslim marriages act 1939 indian bare acts. The dissolution of muslim marriages act, 1939 marriage laws at, a website for indian laws and bareacts, legal advice and law. 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. The article muslim divorce is an overview on the grounds of divorces that are available for either of the parties to the marriage and its also elaborate the general principles in which the muslim marriage stands resolved. If the whereabouts of the husband are unknowns for 4 years. The act received assent of the governorgeneral on 17 march 1939. The dissolution of muslim marriages act, 1939 deals with the situations in which muslim women in india can obtain divorce. 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.
The dissolution of muslim marriages act, 1939 long title. Get the dissolution of muslim marriages act 1939 microsoft. 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. The dissolution of muslim marriages act, 1939 judiciary club 2. The muslim divorce act 1939 was enacted despite the fact that muslim law was primarily recognizing the rights of males and entitling them to marry and have 4 wives thereby glorifying polygamy. Salient features of the dissolution of muslim marriages act, 1939, may be summarised as under. Where a marriage is terminated by act of the parties, the dissolution is called divorce. For instance, section 2 of the dissolution of muslim marriage act 1939 facilitates a woman to annul her marriage through providing detailed subtle grounds of contemporary nature in addition to the grounds formally recognized by the shariah. The dissolution of muslim marriages act, 1939 deals with the circumstances in which muslim women can obtain divorce and rights of muslim women who have been divorced by their husbands and to provide for related. As earlier stated, the dissolution of muslim marriages act, 1939 is an enactment to consolidate and clarify the muslim law relating to a womans right to obtain a decree for dissolution of marriage. Marriage in islam, or nikah, is not a sacrament as in hinduism, but a civil contract between a man and woman to live as husband and wife. Under this 9 grounds are available under sec 2 on the bases of which muslim female can make application for dissolution of marriage in court. Oct 22, 2018 the dissolution of muslim marriages act, 1939.
The dissolution of muslim marriages act pakistan, available at. In 1939, during the british regime in india, the dissolution of muslim marriage act was enacted which prescribed the rules to be followed by muslims in obtaining. Cruelty of the husband was recognised as sufficient ground for divorce also before 1939. Mar 16, 2018 the basis of divorce in islamic law is the inability of the spouses to live together rather than any specific cause or guilt of a party on account of which the parties cannot live together. Dissolution of muslim marriages act, 1939 wikiquote. Pdf the dissolution of muslim marriage act, 1939 may. It however became law on 17th march 1939 and thus stood the dissolution of muslim marriages act 1939. The dissolution of muslim marriages act, 1939 lawyers law. 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. An act to consolidate and clarify the provisions of muslim law relating to suits for dissolution of. Viii of 1939 17th march, 1939 an act to consolidate and clarify the provisions of muslim law relating to suits for dissolution of marriage by woman. Dissolution of muslim marriages act 1939, indian islamic. Pdf the dissolution of muslim marriage act, 1939 may provide.
Dissolution of muslim marriage in the context of bangladesh. Section 2 in the dissolution of muslim marriages act, 1939. Divorce through the dissolution of muslim marriage act, 1939. The dissolution of muslim marriages act, 1939 where a wife files suit in a court of law, the husband is called upon to confirm his allegations on oath.
The dissolution of muslim marriages act 1939 husband marriage. Now, therefore, it is expedient to reenact the dissolution of muslim marriage act. Here, the wife files a suit for dissolution of marriage for the false charges of adultery on her by her husband. But the act could not fulfill the objectives for which it was enacted and there was opposition from certain group of muslims for the codification of law for the whole muslim community. The dissolution of muslim marriages act, 1939 pakistan. A woman married under muslim law shall be entitled to obtain a decree for divorce for the dissolution of her marriage on any one or more of the following grounds, namely. Dissolution of muslim marriages act, 1939 wikipedia. 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. This act enables a muslim wife to seek divorce through court on the ground of. Its title and content refer to the muslim personal law shariat application act, 1937, which deals with marriage, succession and inheritance among muslims. Muslim marriage law differs vastly from marriage laws of other religions.
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. The dissolution of muslim marriages act 1939 husband. The words without reasonable cause are significantly absent in clause ii. The dissolution of muslim marriages act, 1939 law mates. 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. Sep 28, 20 the dissolution of muslim marriages act, 1939 act no. Meaning, nature and classification of haq shufa preemption, rights of preemption, conflict of laws, subject matter and formalities of pre. The concept of divorce under muslim law legal service india. Aug 15, 2015 the dissolution of muslim marriages act, 1939 1. Under muslim law the divorce may take place by the act of parties themselves or through a decree of the court of law. Muslim marriage act also has a provision for separation under the name of dissolution of marriage act, 1939. Muslim marriages dissolution of muslim marriages act, 1939. What are the salient features of the dissolution of muslim. 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.
This act may be cited as the muslim marriage and divorce act. In muslim law, the wife can claim divorce under extrajudicial or judicial modes. Viii of 1939 17th march, 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. The dissolution of muslim marriages act, 1939 laws of bangladesh. Muslim marriage is defined as a civil contract for the purpose of legalizing sexual intercourse and procreation of children. But its scope was limited only to physical tortures. In islam, divorce is considered as an exception to the status of marriage. The husband has a absolute power to liquidate the marriage by pronouncement of talak.
The dissolution of muslim marriages act, 1939 family law. And whereas it is expedient to reenact the dissolution of muslim marriage act, 1939 in order to ensure that muslim women have equal opportunities to dissolve a marriage and that they are not discriminated against or made to suffer because of unilateral pronouncement of divorce by their husbands and to provide for timely settlement of their. Hindu and muslim marriage laws not in consonance with pcma. Other articles where dissolution of muslim marriages act is discussed. A woman married under muslim law shall be entitled to obtain a decree for divorce for the dissolution of her marriage on any one or. 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. Dissolution of marriage by court in certain circumsta. Under the dissolution of muslim marriages act, 1939, if a minor girl under the age of 15 years is married under muslim law, she can obtain a decree of dissolution of marriage. Equitable doctrines etc, are also considered as minor sources of muslim law. The dissolution of muslim marriages act, 1939 deals with the circumstances in which muslim women can obtain divorce and rights of muslim women who have been divorced. 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\. The wifes right of divorce, which was denied to her due to misinterpretation and misconception of islamic law by the courts, was restored to her under the act. But, if the husband does not cohabit with wife for three years due to some reasonable excuse e.
Muslim marriage basically divided into judicial divorce, extrajudicial divorce and dissolution of marriage in case of death. This act may be regarded as a landmark in respect of matrimonial relief to a muslim wife. Muslim womens right for dissolution of marriage muslim. Appointment of guardian, kinds of guardianship unitiii preemption.
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. Grounds available to muslim wife for divorce under. A husband is said to be impotent if he is unable to perform sexual intercourse with his wife. This article will explain all about marriages laws that a muslim in india need to know about. Faskh, section 2 of the dissolution of muslim marriage act, 1939, legal effects of divorce. Mar 12, 20 1 this act may be called the dissolution of muslim marriages act, 1939. The legislature in its wisdom by providing acy dissolution of muslim marriages act 1939 in clause iv has not thought it necessary to provide this restricting in clause ii. The renunciation of islam by a married muslim woman or her conversion to faith other than islam shall not by itself operate to dissolve her marriage. Muslim divorce under dissolution of muslim marriage act,1939. Rules regulations notifications orders circulars statutory ordinance statutes. The dissolution of muslim marriages act, 1939 pklegal. A woman married under muslim law shall be entitled to obtain a. 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, 1939legislative. Dissolution of muslim marriages act, 1939 bare acts live. Enactment of dissolution of muslim marriage act 1939, was a revolutionary step for the indian legislature. Additionally spouses legal right to dissolve marriage contract is also recognized in islam and hence both are entitled with a religious rights to dissolve a marriage. Section 2 the dissolution of muslim marriages act, 1939.
Dissolution of muslim marriages act, 1939 india code. Rationale behind enacting the act 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. Download this app from microsoft store for windows 10 mobile, windows phone 8. A muslim marriage is a civil contract which can be executed and dissolved like any other contract, however it is automatically dissolved on the death of either spouses. Sep 25, 2017 the article muslim divorce is an overview on the grounds of divorces that are available for either of the parties to the marriage and its also elaborate the general principles in which the muslim marriage stands resolved. This law deals with marriage, succession, inheritance and charities among muslims. Salient features of the dissolution of muslim marriages act, 1939 are as follows. Dissolution of muslim marriage act 1939 bare acts law. 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. Pdf dissolution of muslim marriage act, 1939 dmma is sole document in the history of sub continent, which is a departure from the hanafi.
The dissolution of muslim marriages act, 1939 posted by admin on sat march 29th, 2014 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. Nov 20, 2018 vi of, protection of women criminal laws amendment act. Dissolution of marriage by judicial procedure this type of dissolution of marriage was made in 1939, under this act muslim female has a right to dissolve her marriage in certain cases. The dissolution of muslim marriages act, 1939 act no. The dissolution of muslim marriage act, 1939 may provide more rights to women of subcontinent if applied according to true doctrine of maliki school of islamic jurisprudence. All the muslims in india are governed by the muslim personal law shariat application act, 1937. The renunciation of islam by a married muslim woman or her conversion to faith other than islam shall not by itself operate to dissolve her marriage \. The words except the state of jammu and kashmir omitted by act 34 of 2019, s. The basis of divorce in islamic law is the inability of the spouses to live together rather than any specific cause or guilt of a party on account of which the parties cannot live together.