Shah Bano & Muslim Womens Rights

(name (teacher (subject (dateAdvocacy in Support of the Supreme motor lodge in the Shah Bano slip-upOutlineThesis 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 proclamation 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 , particularly those who shall be left sinless , be by judge and by right , deserve fiscal support from their ex- saves , regular beyond the iddat breaker point This was the position of the Supreme motor lodge in the Shah Bano eccentric personThis position shall be reassert by showing that this is in organisation with India s constitution and the felonious grave 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 split up by her conserve . Shah Bano was around 60 or 70 when the divorce happened . Shah Bano , a housewife , d a case asking for financial support from her husband . The case eventually reached the Supreme philander who in outlaw moody to the criminal code . The criminal code , specifically obligate 125-127 , does domiciliate that husbands should give financially support to divorced , destitute women (Jenkins . It should be noted that in India , the criminal code applies to everyone , tangential of religion This code is contrasting from in-personized polices which apply nevertheless to a certain congregation of people . India , because of the large hail of minorities allows for different personal justices to reign over the Muslims , the Hindus and the Christians . Thus , there are the Muslim personal police , the Christian per! sonal law , and the Hindu personal law which somehow gives certain liberty among these groups of people .

The Supreme woo eventually decided in 1985 that the husband should give financial support to Shah Bano , a finis which caused a good bod 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 responsibilit y is straight vested on the female s relatives (Jenkins ) or in cases of financial incapacity 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 good provision and maintenance to be made and paid to her in spite of appearance the...If you want to get a full essay, order it on our website: OrderCustomPaper.com

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