During Sher Shah's regime, the powers of the court were restricted and Muslim law was modified to suit the requirements of the time.
[4] During the regime of Mughal kings Babar and Humayun, the earlier laws were followed, and the ulemas (religious scholars) had considerable influence on legal decisions.
The British Raj passed Shariat Act in 1937 is followed in India in matters related to marriage, divorce and succession among Muslims.
Previously under British rule, Indian society was defined by social collectives, caste and religious identity, with a lack of focus on citizenship and the individual.
[6] An Indian's relationship with politics and the law was indeed determined by these social measures; the Fundamental Rights Constitution was passed and intended to reverse this concept that an individual could be limited based upon caste, religion, economic status, etc.
[7] The law was originally introduced as a matter of policy by the British government, but upon independence MPL became significant to Muslim identity and religion.
Recent debates related to Muslim Personal Law (MPL) are particularly in favor of abolishing the existing legal system for several reasons.
It is said that the current organization of MPL in place discriminates against women in three distinct ways; they are that 1) a Muslim man is allowed to marry up to four wives at a time,[8] 2) he can divorce his wife without entering into any legal processes, and 3) he does not need to provide financial support to his ex-wife after three months of the divorce, whereas men of other religions are likely required to support their ex-wives forever.
Khan fathered several children with a second wife and Shah bano was forced out of the home; she initially sought a maintenance order for Rs.
By finally deciding to enter into the legal system, Bano shows her pursuit of other interests and the conflict related to Muslim domestic life.
A woman can ask for divorce in the following circumstances: Mahr is the total money or property that the husband is required to give the wife at the time of marriage (Nikah).