Shah Bano & Muslim Womens Rights

(name (teacher (subject (dateAdvocacy in Support of the Supreme motor lodge in the Shah Bano aspectOutlineThesis control : The put of the Supreme Count in the Shah Bano Case is the confirm positionHistorical BackgroundShah Bano and the Indian Constitution and Criminal LawShah Bano and the Universal settlement of serviceman RightsShah Bano and the Qu ranConclusionThe status of Muslim women in India continues to be a animated . In this , it shall be argued that Indian Muslim women , in particular those who shall be left sinless , be by arbiter and by right , deserve monetary support from their ex- saves , as yet beyond the iddat breaker point This was the position of the Supreme court of justice in the Shah Bano eccentric personThis position shall be reassert by showing that this is in organisation with India s consti tution and the felonious compute with the Universal Declaration of homo Rights and the Islam faith itselfBackground It should be recalled that in 1978 , Shah Bano , a Muslim woman , was disjoint by her save . Shah Bano was around 60 or 70 when the divorce happened . Shah Bano , a housewife , d a case asking for pecuniary support from her husband . The case eventually reached the Supreme chat up who in unfreeze moody to the criminal code . The criminal code , specifically obligate 125-127 , does supply that husbands should give financially support to divorced , destitute women (Jenkins . It should be noned that in India , the criminal code applies to everyone , tangential of religion This code is unlike from ain polices which apply nevertheless to a certain host of people . India , because of the large hail of minorities allows for different face-to-face medium plays to rule the Muslims , the Hindus and the Christians . Thus , there are the Muslim personal in tegrity , the Christian personal law , and t! he Hindu personal law which somehow gives certain liberty among these groups of people .

The Supreme homage eventually decided in 1985 that the husband should give financial support to Shah Bano , a finis which caused a good occur of the Muslim population in India to protest . The Indian Muslims back up by their leaders desire the Ulama (Engineer ) claimed that according to their personal laws , wives can only be supported by their husbands for up to three months , i .e , inwardly the period of the iddat (Jenkins . Beyond this is not anymore the responsibility of the husband . Instead responsibility is flat v ested on the female s relatives (Jenkins ) or in cases of financial senselessness of the female s relatives , to the State Wakf lineup (Jenkins . As such , to provide support to Shah Bano beyond what this period is not anymore justified . They claimed that the decision of the Supreme Court is in transgression of their personal laws and therefore not to be upheld . Muslim groups in turn proposed the Muslim Women Bill (Protection of Rights on Divorce ) which states that a divorced woman shall be entitle to a reasonable and fair provision and maintenance to be made and paid to her deep down the...If you want to get a full essay, order it on our website: OrderCustomPaper.com

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