Why in news
- Supreme Court sought Centre's response on a petition challenging Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937 regarding forms of divorce like Talaq-e-Hasan.
Key terms
Shariat Act, 1937
Statute mandating application of Islamic personal law to Indian Muslims on civil matters.
Talaq-e-Hasan
Form of divorce in Islamic personal law pronounced once a month over three consecutive menstrual cycles.
Article 14
Fundamental right guaranteeing equality before the law and equal protection of the laws.
Personal Law
Body of laws applying to a person based on religious affiliation regarding family and inheritance matters.
What is the Muslim Personal Law (Shariat) Application Act, 1937?
- Pre-independence central legislation directing that personal matters among Muslims be governed by Islamic law rather than customary law.
- Section 2 mandates the application of personal law in matters of marriage, dissolution of marriage (including talaq, ila, zibar, tawaez, khula and mubarat), maintenance, dower, and inheritance.
Legal Challenge before Supreme Court
- The petition challenges Section 2 for validating extrajudicial unilateral modes of divorce as discriminatory against women.
- Key issue is testing statutory validation of personal law practices against constitutional fundamental rights guaranteed under Articles 14, 15, and 21.
Why it matters
- Tests the judicial doctrine regarding whether statutory codifications of personal laws are subject to fundamental rights review.
Prelims facts
- Shariat Application Act of 1937 replaced local customary laws with personal law for Indian Muslims.
Mains discussion
- Analyze the conflict between personal laws and constitutional gender equality under Article 14 and Article 21.
Source: Hindu Business Line
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