Maintenance Rights of Muslim Women
By Mr. M. A. Wani ‘Maintenance Rights of Muslim Women – Principles, Precedents & Trends’ by Mr. Afzal Wani is perhaps the first scholarly attempt after the controversial Muslim Women (Protection of Rights on Divorce) Act, 1986 on academic levels. The book, a dissertation for one, which the author has been awarded the LL.M Degree by the University of Kashmir, spreads over hundred pages comprising eight chapters each dealing with particular aspect of Maintenance Rights of Muslim Women. What makes the book valuable more than any thing is the author’s effort to give a deep insight into the matter coupled with suggestions that, of course, make one better equipped to tackle such issues in life. It also provides a comprehensive bibliography for further reading. Contents : Introduction Chapter -I HISTORICAL BACKGROUND: PRE AND POST-ISLAMIC SCENE 1.Pre-Islamic Scene 2.European Position 3.Position in Arabic 4.Loose marriage 5.Obligations arising out of such marriages.6.Maintenance how far obligatory 7.Devices for avoiding obligations 8.Position in Islam 9.Reforms introduced 10.One major change: Maintenance divinely ordained.11.Hadith and maintenance of women 12.Juristic Analysis Conclusion Chapter -2 HISTORICAL BACKGROUND: INDIAN SCENE 1.Before Mughals 2.Mughal Empire and Sharia 3.British Policy and Post-Independence Era Chapter-3 MAINTENANCE RIGHT OF MUSLIM WIFE: LEGAL POSITION 1.Introduction 2.Maintenance: When Allowed 3.Maintenance: When Disallowed 4.Miscellaneous Chapter-4 NON-MAINTENANCE OF MUSLIM WIFE: CONSEQUENCES AND REPERCUSSIONS 1.Quranic Provisions 2.Sunni Doctrines 3.Shia Doctrines 4.Law in force in India. Chapter-5 CRIMINAL PROCEDURE CODE 1898 AND THE MUSLIM WIFE 1.Introduction 2.Application of S.488 to Muslim Wives 3.Muslim Divorcees and S. 488 4.Cancellation or variation of order Under S. 488 5.Conclusion Chapter-6 NEW CRIMINAL PROCEDURE CODE AND THE MUSLIM WIFE 1.Introduction 2.New Code and the Maintenance of wives. 3.Judicial approach 4.After Bai Tahira case Chapter-7 MAINTENANCE OF DIVORCEES: TRENDS AND ISSUES 1.With new phase SHAH BANO case 2. Ignored facts 3. Disobedient Ex-Wives 4.Stability of Family Relations 5.Refusal to Divorce6.Muslim Women Act – Highlights 7.Constitutionality of the Muslim Women Act Chapter-8 CONCLUSIONS AND SUGGESTIONS APPENDIX – The Muslim Women (Protection of Rights on Divorce) Act, 1986.The Author:Afzal Wani teaching in Aligarh Muslim University Aligarh.he earlier served in Kashmir University.An active researcher Wani's specialised fields of study include various aspects of personal Law and the laws concerning environment. |
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