Muslim law in India has its own set of rules and principles that address issues related to marriage and divorce. These rules and principles are governed by the Muslim Personal Law (Shariat) Application Act, 1937, which recognizes Muslim law as a separate legal system in India. Here are some key aspects of Muslim law related to marriage and divorce in India: Marriage: Muslim law recognizes marriage as a contract between two parties, and the contract is solemnized by the offer and acceptance of the parties. The marriage contract can include various terms and conditions, including the amount of dowry, maintenance, and other rights and obligations of the parties. Divorce: Muslim law recognizes various forms of divorce, including talaq (divorce initiated by the husband), khula (divorce initiated by the wife), and mubarat (mutual divorce). Under talaq, the husband can unilaterally divorce his wife by pronouncing the word "talaq" three times. However, in recent years, there have been efforts to reform this practice and make it more equitable for women. Maintenance: Muslim law imposes an obligation on the husband to provide maintenance to his wife, which includes providing for her basic necessities such as food, clothing, and shelter. The amount of maintenance is determined based on various factors, including the financial position of the husband, the needs of the wife, and the standard of living to which the parties are accustomed. Custody of children: In case of divorce, Muslim law gives the mother the right to custody of her minor children, provided she is not deemed unfit by a court of law. It's important to note that Muslim law related to marriage and divorce is a complex and evolving area, and there may be variations in its application and interpretation in different parts of India. Additionally, there have been debates and discussions about the need for reforms in certain aspects of Muslim personal law to make it more equitable and gender-sensitive.

DEAR CLIENT, Muslim Law on Marriage and Divorce in India Muslim marriage and divorce in India are governed by the Muslim Personal Law (Shariat) Application Act, 1937 and the Dissolution of Muslim Marriages Act, 1939. These laws regulate marriage, divorce, maintenance, and the rights of spouses, with recent legal developments ensuring gender justice and fairness. Marriage Under Muslim Law In Islamic law, marriage (Nikah) is a civil contract rather than a religious sacrament. It establishes legal rights and obligations between spouses. 1. Legal Requirements for a Valid Muslim Marriage For a Muslim marriage to be legally valid in India, the following conditions must be met: (i) Offer and Acceptance (Ijab-o-Qubool) Marriage must have a proposal (Ijab) from one party and an acceptance (Qubool) by the other in the same sitting. (ii) Competency of the Parties • Both the bride and groom must be Muslims (though a Muslim man may marry a Christian or Jewish woman). • They must be of sound mind and capable of giving valid consent. • They must have attained puberty (presumed to be 15 years in Muslim law, though Indian law requires the bride to be at least 18 and the groom 21). (iii) Free Consent • A marriage obtained through force, fraud, or undue influence is invalid. • A woman forced into marriage can seek annulment. (iv) Witnesses • Sunni law requires two male Muslim witnesses (or one male and two females). • Shia law does not require witnesses. (v) Mehr (Dower) • The groom must pay Mehr (dower) to the bride, which serves as her financial security. • It may be paid immediately (prompt dower) or later (deferred dower). (vi) Prohibited Relationships • Marriage is void (Batil) if the couple is related by blood (consanguinity), fosterage (milk kinship), or certain in-law relations (affinity). (vii) Polygamy • A Muslim man can marry up to four wives, but he must treat them equally. • A Muslim woman cannot have multiple husbands. (viii) Registration • Marriage registration is not compulsory under Muslim law but is encouraged in some states like Uttar Pradesh and West Bengal. Divorce Under Muslim Law Muslim law provides multiple ways to dissolve a marriage, categorized as divorce by the husband, wife, or mutual consent. 1. Divorce by Husband (Talaq) • Talaq-e-Ahsan: A single pronouncement followed by a waiting period (Iddat) of three months. If no reconciliation occurs, divorce is final. • Talaq-e-Hasan: Three pronouncements over three months. • Talaq-e-Bid’ah (Instant Triple Talaq): Previously allowed, but declared unconstitutional by the Supreme Court in 2017 (Shayara Bano case) and criminalized under The Muslim Women (Protection of Rights on Marriage) Act, 2019. 2. Divorce by Wife (Khula & Faskh) • Khula: The wife seeks divorce by returning her Mehr to the husband. His consent is required. • Faskh: Under the Dissolution of Muslim Marriages Act, 1939, a woman can seek divorce if: o The husband is missing for four years. o He fails to provide maintenance for two years. o He is imprisoned for seven years or more. o He is cruel, impotent, or insane. 3. Divorce by Mutual Consent (Mubarat) • Both spouses agree to separate without Mehr being returned. We hope this clarifies your query. Please feel free to reach out for further assistance. Thank you.

DEAR CLIENT, In India, Muslim personal law, primarily derived from the Quran, Hadith (sayings of Prophet Muhammad), and later interpretations, governs issues of marriage and divorce among Muslims. This personal law operates alongside the Indian legal framework, particularly the Indian Constitution, which guarantees the right to personal freedoms and equality. Muslim marriage and divorce are primarily regulated by the Dissolution of Muslim Marriages Act of 1939, the Muslim Personal Law (Shariat) Application Act of 1937, and personal customs. In Islamic law, marriage is viewed as a civil contract (nikah) rather than a sacramental bond. For a valid marriage, certain essential conditions must be fulfilled: 1. Consent: Both parties (the bride and groom) must freely give their consent to the marriage. The absence of coercion is essential, and the groom must also be of sound mind and age, while the bride must have attained puberty. 2. Witnesses: The marriage contract must be witnessed by at least two trustworthy adult males or one male and two females. 3. Mahr (Dower): The groom is required to provide a dower to the bride, which is a mandatory payment or gift as specified by the bride. This may be paid immediately or deferred. 4. Legal Capacity: Both parties must be legally fit to marry, meaning they should not fall under any prohibitory degrees of kinship as outlined by Islamic law. Divorce in Muslim law can be initiated by either party, although the processes and rights associated with each may differ. The key types of divorce under Muslim personal law include: 1. Talaq: This is the husband’s unilateral right to divorce, which must be executed in the presence of at least two witnesses. The husband must pronounce "talaq" three times, either in one sitting (talaq-e-bid'ah) or spread over three months (talaq-e-sunnah). The triple talaq system faced significant scrutiny and was declared unconstitutional by the Supreme Court of India in 2017, emphasizing the need for reform in this area. 2. Talaq-e-Sunnah: This is a more recommended form of divorce where the husband pronounces talaq once per month over a waiting period. This type allows for reconciliation. 3. Khula: This is the wife’s right to initiate a divorce, typically in exchange for returning the dower or for other compensatory reasons. The process often requires the courts to intervene, especially regarding financial matters. 4. Mubarat: This is a mutual divorce between the husband and wife, which requires agreement from both parties to dissolve the marriage amicably. 5. Judicial Divorce: Under the Dissolution of Muslim Marriages Act, 1939, a woman can seek a decree of divorce from the court on several grounds, such as the husband’s failure to maintain her, cruelty, or prolonged absence. While Muslim personal law governs marriage and divorce, it exists within the broader context of Indian law. The Article 44 of the Indian Constitution advocates for a common civil code, promoting uniformity in personal laws for all religions. However, opposition from various communities, including Muslims, due to concerns over cultural identity and personal freedoms has hindered the implementation of such a code. We hope this clarifies your query. Please feel free to reach out for further assistance. Thank you.