Sharia law in india. Sharia and India 2022-12-19

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Sharia law, also known as Islamic law, is a legal system that is based on the teachings of the Qur'an and the practices of the Prophet Muhammad. It is followed by Muslims around the world and is considered to be divine law. In India, sharia law has a limited application and is not recognized as the supreme law of the land.

India is a secular country with a diverse population and a complex legal system. The Constitution of India guarantees equality before the law and prohibits discrimination on the grounds of religion, race, caste, or gender. The legal system in India is based on common law, which means that it is largely influenced by English law.

There are several personal laws that apply to different religious communities in India, including Hindu law, Christian law, and Muslim law. Muslim law is governed by the Muslim Personal Law (Shariat) Application Act of 1937, which allows Muslims in India to follow sharia law in matters of personal law, such as marriage, divorce, inheritance, and maintenance.

However, sharia law is not recognized as the supreme law of the land in India and is subject to the Constitution and other laws of the country. If there is a conflict between sharia law and the Constitution or other laws of the country, the latter prevails.

There have been debates and controversies surrounding the application of sharia law in India. Some argue that sharia law is discriminatory towards women and violates the principles of equality and justice. Others argue that sharia law is a matter of personal faith and should be respected as such.

In recent years, there have been attempts to reform sharia law in India and bring it in line with modern principles of gender equality and human rights. In 2019, the Supreme Court of India ruled that the practice of triple talaq (instant divorce) among Muslims was unconstitutional and violated the rights of women. This was seen as a major step towards the reform of sharia law in India.

In conclusion, sharia law has a limited application in India and is not recognized as the supreme law of the land. While it is an important part of the personal laws of Muslims in India, it is subject to the Constitution and other laws of the country. There have been debates and controversies surrounding the application of sharia law in India, but there have also been efforts towards reform to ensure that it is in line with modern principles of gender equality and human rights.

SHARIA LAW — LIST OF KEY RULES — What Is Sharia Law?

sharia law in india

Other sharia-based criminal laws were enacted with "Syariah Criminal Offences Federal Territory Act of 1997". Retrieved 13 November 2018. The bill, however, was rejected by the Malaysian federal government on the grounds that it clashed with the federal constitution. Challenging the Secular State: The Islamization of Law in Modern Indonesia. This court does not follow any religious views. Retrieved 13 November 2018.

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Overview: Inheritance under Shariah Law

sharia law in india

Right to claim the deceased's estate As per inheritance Law in the UAE, beneficiaries and relatives reserve the privilege to claim the estate of the deceased, an estate is guaranteed for non-Muslims, if there exists a legitimate will. Leiden: Leiden University Press. The Oxford Encyclopedia of Islam and Politics. PDF from the original on 20 June 2017. While some have stuck to its logic, others have argued that it should be reconsidered. PDF from the original on 5 June 2010.

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Sharia law in India

sharia law in india

The simplicity of the tax should lead to easier administration and enforcement. The Oxford Dictionary of Islam. Retrieved 13 November 2018. Sharia Incorporated: A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present. Retrieved 22 January 2019.

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What are the Sharia compliant mutual fund schemes in India

sharia law in india

The majority judgment was rendered by Justices Kurian, Lalit, and Nariman, but Chief Justice Khehar and Justice Nazeer dissented. Retrieved 21 February 2013. Newman 19 October 2010. These have been mostly related to the protection of fundamental right bestowed by the Constitution that has been threatened under the application of the personal law of Sharia. When Sharia law was brought into India, there was no law or statute that was constituted in India that was not stringent when compared to Sharia. Only a few countries at present allow for the Hudud punishments for crimes, which are Saudi Arabia, Iran, Brunei, Afghanistan, Indonesia, Sudan, Pakistan, Nigeria and Qatar. University of Hawaii Press.

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Application of Sharia by country

sharia law in india

Indonesia is the country with the highest Muslim population in the world. Retrieved 13 November 2018. Sharia comprises various aspects of the law, personal law that includes family, marriage and succession, public law such as criminal law, trade and commercial law etc, and partial Sharia concepts along with modern European-inspired civil and criminal law. Retrieved 13 April 2019. Retrieved 13 April 2019. Retrieved 12 August 2015.

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Shariat Law and its applicability in India

sharia law in india

The principles, punishments, and elements of Sharia law were not mentioned in any of the Muslim legal books or statutes. Retrieved 23 November 2020. Retrieved 13 November 2018. New York University School of Law. Retrieved 13 November 2018. Two private banks challenged this ruling on the grounds that while they accepted the ruling, there was no alternative available. Therefore, the Shariah-Compliant MF forbids all types of interests.

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Sharia and India

sharia law in india

Sharia laws, it is believed, cannot be changed since they are religiously motivated. Retrieved 18 February 2013. Retrieved 3 October 2014. Sharia Law, as they call it, is a crude form of law as a lot of the rules mentioned in it date back to the age of the Prophet Sixth-seventh century , the changing times have had little to almost no impact on its effectiveness as a set of guidelines to run a society, especially in a lot of Middle- Eastern Wahabi regimes where the law is still practised to the last bit with precision. Retrieved 13 November 2018. Retrieved 21 February 2013.

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What is the Sharia law and why the Taliban enforcing it has everyone worried

sharia law in india

The form of the will and all actions related to the after-death stage shall be governed by the law of the State of the person carrying out such action upon the issuance thereof, or the law of the State in which such activities took place. Retrieved 23 February 2013. Archived from PDF on 15 September 2014. Further, as the United Arab Emirates UAE is a civil law jurisdiction, the effect of precedents is invalid when compared with common law jurisdictions. Civil laws can be changed by lawmakers.


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What are the Intricacies of Practicing Sharia Law in India

sharia law in india

Retrieved 3 May 2014. PDF from the original on 7 June 2013. The Supreme Court of India however, ruled that Fatwas do not have any legal status in the Indian Constitutional scheme but the practice of issuing Fatwas in themselves is not illegal as it forms a part of informal justice delivery system and is solely based on the discretion of the person to accept or reject it as not all Fatwas are bad but at the same time a Fatwa is non-binding and cannot be derived as a force of law. PDF from the original on 13 November 2018. By the seventh century, the Muslim community had established itself in Medina and had quickly expanded to the neighboring areas.

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