Answer By law4u team
The administration of personal and family matters for the Muslim community in India is primarily governed by the Muslim personal law, which is based on Islamic principles. This law covers various aspects of personal and family matters, including marriage, divorce, inheritance, and maintenance, and it is mainly derived from the Quran, Hadith (sayings and actions of Prophet Muhammad), and Islamic jurisprudence. The Muslim personal law in India is not codified into a single comprehensive statute. Instead, it is applied and interpreted through a combination of sources: Sharia Law: Sharia law, which encompasses religious and legal principles, is the foundational source for Muslim personal law in India. It provides guidelines for various aspects of personal and family matters, and these principles are relied upon in adjudicating cases within the Muslim community. Muslim Personal Law Application Act, 1937: This act allows for the application of Muslim personal law to matters such as marriage, divorce, maintenance, and succession among Muslims in India. It ensures that Muslims can follow their personal law traditions in these areas. Qazi and Dar-ul-Qaza: In India, Muslim personal matters are often handled by Qazis, who are religious scholars trained in Islamic law. They preside over disputes and issues related to marriage, divorce, and other personal matters. Additionally, Dar-ul-Qazas (Islamic courts) are sometimes established to resolve family disputes according to Islamic principles. It's important to note that while the Muslim personal law applies to the Muslim community, various debates and discussions have arisen in India over the years regarding the need for uniform civil code. The Indian government and the judiciary have periodically considered the issue of reforming personal laws to bring about greater uniformity and gender equality in family matters