MUSLIM LAW Landmark Judgments

 

Mohammed Ahmed v Shah Bano and Anr

 

The apex court held in this case that muslim women shall be entitled to maintenance even after the iddat period but this judgment was strictly against what is provided by the Holy Quran Itself

Thus This Judgment was overturned by the legislature by the enactment 

 Muslim women Protection of Rights On Divorce Act 1986

Daniel Latifi. Vs  UOI 

The Supreme Court very cleverly in this case gave the relief to the muslim women from the very act itself it interpreted the words of the statute in such a way and held that muslim husband has to pay for the lump sum maintenance for the whole life till she is remarried within the iddat period

Thus this judgment became a landmark in the Muslim law and relief was given to muslim wife one way or the other.

Shayara Bano v. Union of India and others

This is another Landmark Judgment in the field of Muslim Law and in this very case the SC held that talaq ul biddat ie the concept of triple talaq is against the fundamental rights of a muslim women 

And the SC gave its reasonable from the Holy Quran Itself and quoted an instance where the prophet himself has stated that the divorce should not be arbitrary and should only be done in extreme cases.

Sarla Mudgal vs. Union of India

This Judgment is related to the second marriage after the conversion into islam the SC HELD in this case that on conversion the marriage with respect to the 1st women is not dissolved and that remains and if a person marries another women if he was already married in his previous religion would amount to Bigamy and second marriage would not be allowed.

This judgment became landmark because a lot of conversion were taking place only for the purpose of misusing this provision of muslim law

Noor Sabha Khatoon v Md. Quasim 

The court held that the child shall be entitled to demand maintenance under 125 of the Code of Criminal procedure and also from the Muslim woman (protection of rights on divorce) Act. The father shall be liable to pay maintenance to the son until he attains the age of Majority and to maintain daughter till she is married 

 thus a secular law like Crpc Was applied to Muslim under this landmark Judgment.