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Wednesday, 7 April 2021

The beginning : Protecting Muslim men

 Dr Puneet Agrawal


In India, a Muslim man, especially a middle-class man, with his old parents and family members is equally in a state of fear and trauma as like any of the Hindu or Christian male. Apart from the laws that favour women, and legal hardships that a husband may face in a matrimonial dispute, the “religio-legal” ignorance is what is predominant among Muslim men. This is primarily because a state of duality exists in the mind of a Muslim husband: Indian Laws and enactments vs Shariat Law? What will work when and with whom and where? Though a Muslim is born with a stringent idea of Shariat and any sort of alternative, be it mandatory or obligatory, is hard to swallow.

 Questions that a baffling Muslim litigant usually found struggling  with:

  • What exactly is the Muslim Personal Law (MPL), how did it originate and why?
  • What is the relationship between Shariat and MPL?
  • What is the meaning of limited application of Mohammedan Law in India?
  • Is Shariat Law applicable in India in matrimonial disputes?
  • Is law same for Hindus, Muslims and Christians in terms of Matrimonial disputes?
  • Can Muslims in India entertain provisions of Shariat in totality? 
  • What role does Indian Courts play in applying Shariat in disputes between Muslim husband and wife?
  • How Shariat applies to the inter-caste or inter-religious marriages in India between Muslims?
  • Can Indian Courts define or interpret Shariat Law as per social and legal needs? If yes, how and up to what extent?
  • When is Shariat law not applicable over the Muslims?
  • What all laws are applicable and govern Muslim men in India apart from the Shariat Law?
  • What is the supremacy of Indian Laws over Shariat Law?
  • Are Muslims husbands legally treated as second-grade citizen over Muslim woman? Or vice versa? 
  • What are the legal advantages and disadvantages of being a Muslim man born in India and particularly as a Muslim husband?
  • What all Indian Laws are in contradiction with the Shariat Laws?
  • Are there any Shariat Courts in India? What are their powers and limitations?
  • How a Muslim man should marry in India to remain protected from litigations?
  • What are the important Acts, sections, rules, regulations, orders, notifications, laws and Rulings that a Muslim man should know to be an aware litigant?
  • How to feel confident about legal terms and jargons?
  • Up to what extent you can learn law to fight your case, and what is that you should not do while under litigation.
  • What is "Muslim Family Law"? 
  • What are Court procedures and fighting strategies and tactics?
  • How to know about what it means: Fighting a case vs winning a case?
  • How to extract relevant information from the internet and refrain from the misleading information available in abundance?
  • How to unlearn what is dangerously poured in by the propagandists online?
  • What is your duty towards other Muslim men under distress, and how to be benefitted from each other?
  • Are the religious circles and bodies like AIMPLB helpful in a legal battle?
  • What are the issues relating to the codification of Muslim Law and how it may affect Muslim men?

And

  • How can this blog and its coordinators help Muslim men under pre or post-marital discord and matrimonial litigations?
  • How can expert legal advice be obtained by NRIs or distantly located Muslim men in India?

Hopefully, these questions shall be dealt with in the articles ahead, starting with a basic idea of Muslim Law here.

The articles in the blog shall be like episodes in a daily soap, though individually each of shall be informative, the real benefit would arrive if you read the previous articles like a sequel in the sequence of their publishing. 

Knowing is everything!




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