Codification of muslim personal law:An stepping stone toward

gender justice

To be submitted for the purpose of research

Law faculty of Jamia Millia Islamia University

SUBMITTED BY. SUBMITTED TO

Ruhi Khan. Prof. Kahkashan Y Danyal,
SEMESTER –IV, Professor,
YEAR –II, Faculty of Law,
SECTION –Reg.Student I D Jamia Millia
202005400

1
 Appendix ‘B’- Certificate
CERTIFICATE
The project entitled “Codification of muslim personal law:An stepping stone
toward gender justice“ submitted to the Faculty of Law, Jamia Millia Islamia
for as part of Internal Assessment is based on my original work carried out
under the guidance of Prof. Kahkashan Y Danyal from February 22 to June
22 . The Research work has not been submitted elsewhere for award of any
degree.The material borrowed from other sources and incorporated in the
research paper has been duly acknowledged.
I understand that I myself would be held responsible and accountable for
plagiarism, if any,
Signature

2
 Content and chapterization

S.no. Content Page no.

1 Abstract 05

Chapter 1 Introduction 06 to 7

Chapter 2 Islam ,equlity and Interpretation 08 to10

Chapter 3 Legislations dealing muslim law and why they failed to substantiate 12 to 12
its objectves

Chapter 4 Why is there a need for codification of law 13 to 15

Chapter 4 Challenges toward codification of muslim law 16 to 16

Chapter 5 Initiatives toward codification so far 17 to 17

Chapter 6 Opinion of islamic scholars, jurist , social reformers on codification

of Islamic law

Suggestions

Bibliography

3
INTRODUCTION
1.Statement of Problem-
i. To identify the reasons for the demand of codification muslim law under Indian legal system.
ii. To study the measures and solutions to lessen the conflicts and promote codification of Islamic
law aiming for gender equality.
2.Literature Review-
1.The Constitution of India
3.Shariat Act of 1937, Dissolution of muslim marriage Act 1939, And Act of 1986 for
protection of rights of muslim women on divorce.
3.Scope of Study – Analysis of misconception of islamic law and gender equality as well as
feasibility to codify muslim law .
4.Research Hypothesis-
● It is hypothesized that muslim as professed in india does not address women's right to
equality.
● Codification of muslim law will be an assult over fundamental freedom of religion of
muslims.

5.Research Methodology-Doctrinal
6.Tentative Chapterisation
CHAPTER 1-INTRODUCTION
CHAPTER 2- Islam ,equlity and Interpretation
CHAPTER 3 Legislations dealing muslim law and why they failed to substantiate its objectves
-CHAPTER 4-Why is there a need for codification of law
CHAPTER 5 -Initiatives toward codification so far
CHAPTER 6 Opinion of islamic scholars, jurist , social reformers on codification of Islamic law
CONCLUSION

4
 Abstract

Codification of Islamic law has been a matter of discussion for a long time since
we have our well refined constitution. Codification is a process which
contributes to the reformation in the political, social, financial and judicial
sector by drafting fair Islamic codes, pursuant to the principles, values as well as
preserving constitutional spirit. However, there is a scholarly debate on whether
Islamic law could be codified or not. A group of intellectuals validates it while
another group invalidates it. Hence, this study aims to critically examine the
intellectual dispute over the legality of codification of Islamic law.
Keywords: Codification, Islamic Law, Legal Policy, gender equality
Fundamental permissibility.

5
 Chapter 1 INTRODUCTION
After majority of Hindu religion the people professing Islam is second in rank. while vast section
of society which is governed by Muslim personal law yet it is very disappointing to think that
still we don't have any codification of Muslim law completely except in a very smallest piece
meal. India is a land of multicultural and distinct groups even under cast the sub castes within it
have their own norms and values. To preserve this multicultural diversity, the Indian constitution
allows these different social and religious groups to deal with their different personal laws.
Though the customs which are inconsistent with constitutional values have been kept aside, we
have witnessed gradual but effective reforms and robust legislation under Hindu personal laws.1
while under Muslim personal law still required much to be done to bring the vulnarable section
of Muslim society in equal footing. The Muslim personal law is widely criticized because of its
Limited is scope of legal change this leads critics to assume that Muslim law give women least
right and larger control by male counterpart.Absence of sufficient codification in Muslim
personal law the feasibility of myths, injustice and misleading interpretation of Islamic norms is
generally occurs.The central debate on interpretation of Muslim personal law now has both
positive as well as negative aspects some authors have supported that Muslim personal law had
given various rights to Muslim women such as choice of marriage ,inheritance etc. Whereas
some are of the view that there are various practices which are against the spirit of Indian
Constitution.
In this line this research paper attempts to analyse the ongoing debate on the need of certain
legislation under Muslim personal law and codification to curb out the injustice specially to
muslim women.
Though it will not be appropriate to say that there is totally absence of codification of islamic
law governing muslims. There are numerous laws governing muslims especially issues dealing

1
The Hindu Succession (Amendment) Act, 2005 (39 of 2005) was enacted to remove gender discriminatory
provisions in the Hindu Succession Act, 1956. Under the amendment, the daughter of a coparcener shall by birth
become a coparcener in her own right in the same manner as the son.

6
muslim women. But at the community level and in the context of socio-legal pretext they do not
provide adequate justice. We have law like Shariyat Act 1937, Muslim Marriage Dissolution Act
1939 and Act of 1986 and so on still remains the sea gap between the what the rigjts are and how
they are enforced. It will not be wrong to say that under Islamic law such as law of inheritance
the women are given special place by fixing quantum of share to he given from the property of
propositures and this right is not defeasible .but because of codification of such provision
situation remains the same as they are deprived of this right due to unawareness. This research
paper therefore is a genuine effort to bring in to light three aspect first to trace the lacunas in
existing legislation in respect of muslim law governing family affarirs in partucular the issues
dealing with muslim women's right. Secondly to collect the information as to initiatives taken so
far for the purpose codification of muslim persinal laws , why do we not yet not achieve a
unified and complete codification of muslim law which will address the gender based equality,
true tenents of shariya law substantiated with constitutional spirit.It ultimatly aims to bring un to
light some suggestions which might be fruitful to muslim society in general and women's right to
equlity in particular.

7
Chapter 2
Islam Equality and Interpretation
The subject of Muslim Personal Law in India poses unique challenges keeping in mind the legal
framework and the peculiar socio-political conditions existing in the country muslims, there are
two major pre-independence pieces of legislations- the Muslim Personal Law (Shariat)
Application Act, 1937 and the Dissolution of Muslim Marriage Act, 1939. The Shariat Act is the
source of validation of application of Sharia law to Muslims on questions of marriage, divorce,
maintenance, adoption, succession etc.
Generally it has been shown that myslim personal is against gender equality, allows oppression
of women by the male dominating society. The women under myslim law is not entitled to any
right , which place her at least to some equal to her counterpart men.This is absolutely wrong
presumption as far as I could understand with the religious text , there may be some provision
under islamic law which even I don't find to be relevant as per our progressive society , and the
transformation of society to larger extent comparatively with the society when islamic text were
actually dictated.still there are major portion of islamic rules which provide the women equal
treatment in different sphere we can see on looking following observation under Islamic law:

"if she is a wife, she is life partner, if she is as a mother, the paradise is under the feet of
mother, if she is daughter it is blessing of Almighty Allah”

In Islamic law of inheritance, among twelve sharers (called Quranic sharer whose share is
define in Quran) numbers of women are eight (“wife, mother, daughter, son’s daughter, true
grandmother, full sister, consanguine sister and uterine sister”) and the numbers of men are four
(father, husband, true grandfather and uterine brother) So Islam does not neglect women giving

8
more importance to men.Therfore blaming muslim law as to deprivation of right of inheritance
will not be justified. As in rural north India where indepth research2was conducted, Muslim
women either did not know of the inheritance right granted to them by Shariat or even if they
knew, they gave up their rights for the fear of souring relationship with the family.
In case of marriage, Islam has given equal importance both bride groom and bride as for being
a valid marriage any party may offer to the other party and it must be accepted by the other party
According to the provision of Islam, husband must have to pay dower to the wife either in cash
or any other form and husband has no way to deny his liability except paying dower. It may be
prompt or deferred.
Delegated divorce (Talaque-e-tafweez): Though the husband possesses primarily the power of
divorce wife also may exercise this right to dissolve her marriage if the husband delegates the
power of dissolution of marriage to the wife3(). This delegation of power can be during the
marriage or at any time after marriage. The power so delegated to the wife is irrevocable and it
can be exercised even after the institution of a suit by the husband against her for restitution of
conjugal rights.

Some misconceptions regarding women’s rights in Islam

There have been misconceptions prevailing in India for a long time. These misconceptions
directly neglect the women, dishonor them and discriminate against them. Some people without
proper religious knowledge, to dominate the women, to deprive women from their rights as given
in Islam and to establish superiority of men over women practice these misconceptions as rule of
Islam. But Islam does not support these misconceptions these are direct contradiction of Islamic
rules and principles.

● Islam deprived women as in inheritance they are getting half share as compared to men
● Unconditionally a man can take four wives at a time”.
● Consent of bride is not so important for marriage”

2
research conducted by Faculty of Law, Jamia Millia Islamia in collaboration with
National Commission of Women on Discriminative and Derogatory Practices against women by Khap Panchayats,
Shailashi Adalats and Kangaroo Courts in India: An Empirical Study in the States of Haryana, Uttar Pradesh (West),
West Bengal & Rajasthan
3
Soomro & Khuhro, 2018

9
 ● Women have no right of divorce in Islam
As I discussed above there are various rights which the muslim women enjoy , there are some
flaws too which I genuinely feel concern as they are injucted and interpreted by islamic scholars
neglecting the muslim women. The polygamy by muslim men, concept of halala, one half share
of women from his equal male counterpart etc. which still needs to be adressed to root out the
social evils prevailing in society because of these misinterpreted legal flaws.

chapter 3
Legislations dealing muslim law and why they failed to substantiate its
objectves:

● we have Shariyat Act of 1937 which is the first of its kind in which sincere efforts were
made toward codificarion of atleast portion of muslim law. Its main object was to govern
Muslim community by unified shariya law and not by providing customary law which
was gradually not meant for the Welfare of women.
Shariyat Act undoubtedly unified to some extent the people professing Islam to a single threadof
legislation in specific matters, which is recommendedable.
This Aact is supposed to operate throughout India but in practice it does not govern all Muslim,
neither does it unify the hetrogenous Muslim community .
Under Shariyat or islamic law .Though it is stated that Muslim law will be governed by their
Muslim personal law but it does not specify in the content of this law and that is the main reason
it causes various interpretation on same legal tissue which is disturbing.
As we know that muslim are divided in to Sunni's , and Shia's while majority of people believe
in Sunni law which is also further divided into different sub-sect : Hanafi, Shafi, Hanbali and
Maliki. Shia Muslims are in minority and constitutes approximately 10 to 15% of Indian
Muslims which a further divided into sub-set of Ismailis, Bohara's and Athna-Ashari .The Sunni
and Shia both apply their own interpretation of Shariyat . The result is that although Shariyat
Act Act attempted to preserve the interest of Muslim women but because of absence single and

10
uniform muslim law muslim women are dependent affected by different interpretations of of
shariya law which generally prejuduce the interest of of muslim women.

cultural diversity among Muslim in India is also a reason for diversified application of shariya
law for example the communities like Kutchi memon, Khojas Bohras have accepted Islam but
continue to have theor own separate sets of customary law having Hindu background . They still
retain their portion of personal laws in family affairs such as Succession .Even in Jammu &
Kashmir Shariat Act not applicable. According to Tahir Mahmood in J&K muslim have led their
own customs Of Khandamads, pisar.i. parwarda, dukhtar.e.khanashin. They generally exclude
females from inherit property.These issue cause confliction in the interwst of muslim women.
Muslim Marriage Dussolution Act of 1939
This is another piece of codified law which no doubt provided a legal support to the illteated
muslim wives to confer them right to divorce on some specific ground which ealier were not
anyway given to the women and the husband had absolute right to divorce the wife. This act
provided different grounds when the wife can be entitled to obtain decree of divorce under this
legislation . Undoubtedly this is a fine piece of law meant for the Welfare of Muslim women but
it too had its flaws. As the marriage could be terminated but the subjects such as women's right
to maintenance ,custody of children with still remains in Abeyance were and not protected under
this act.
The Muslim women (protection of rights on divorce) Act 1986. It also proved to
be to piece meal in respect of Muslim women's right . We have witnessed the whole dramatic
episode of Shabana judgment and the after effects of it. The verdict in in favour of Muslim
women providing that maintenance cannot be restricted only to the iddat period period leaving
the deserted wife for painful socio economic sufferings. This was the instance when the
patriachial mindset of Muslim male dominated society could be seen clearly there was huge
resentment by Muslim male dominated society against Supreme Court judgement was seen
which resulted the then government to make legislation to annul the decision of S.C patently
this legislation seems to be step toward the welfare of women making provisions for
maintenance after divorce but in reality it does not seem to be a providing justice to the muslim
women at large for instance it exempted Muslim women from the purview of section 125 of

11
Cr.PC which is the secular social welfare provision. It is stated that the husband is entitled to pay
maintenance to his wife during the period only after that responsibility of a maintenance to
relatives and the state wakf board.4

Chapter 4
Why is there a need for codification of law?
legislation applicable to Muslims and said that Act of 1937 and Act of 1939 have been drafted
during British period while constitutional development in India confirmed each individual of
India equality of law and equal protection of law everyone is entitled to avail the sacred benefit
of fundamental rights.Therefore to deprive a particular community and especially the vulnerable
sections of society who are mostly women from minority community is a serious lacuna which
need to be immediate cure. The claim of the codification of Islamic law is one of them .
The opinion against codification of muslim personal law
The opinion against this claim lies on three grounds, especially,
● the first that personal laws are based on divine law and therefore unalterable.
● Secondly all the four schools of Muslim law cannot be assimilated together as they
follow differrent approach
● Thirdly it will be an assault on muslim faith and indirectly the step towardUniform
Civil Code which will prjudice their interest.
for the first point I express my disagreement and bring in to notice toward well known Muslim
scholar who does not consider that it is devine and therefore unalterable. He said.
Therefore Muslim personal law as practiced today is not a pure divine law in compliance of
Sharia. It has already been reshaped earlier and thereforw can be further redrafted to place
muslim women in equal footing
Secondly I suggest that the people protesting codification on the point that it will not be possible
to assimilate all the four schools of sunni law within unified umbrella I do not agree on it

4
Where a divorced woman is unable to maintain herself and she has no relative as mentioned in sub-section (1) or
such relatives or any one of them have not enough means to pay the maintenance ordered by the Magistrate or the
other relatives have not the means to pay the shares of those relatives whose shares have been ordered by the
Magistrate to be paid by such other relatives under the second proviso to sub-section (1), the Magistrate may, by
order direct the State Wakf Board established under section 9 of the Wakf Act, 1954.

12
because on in- depth research on principles among all these schools we realise that there are
more similar rather than opposite notions .It is possible by tracing the principles especially
dealing with women's concern ,interpret them and bring out a common harmonious balance to
assimilate them .And even if there are instances which create hardships then efforts should be
made to remove the confliction which denotes injustice to the muslim women .This is also
needd to follow our basic fundamental duties .
Another point is raised against codification that it will be a step towards uniform civil code. it
also not tenableas in my point of view codification of Islamic law does not mean introduction of
Uniform Civil Code. The Bharatiya Muslim Mahila Andolan (BMMA) has been highly opposed
to the idea of a UCC and is strongly in favour of codifications and reform within the existing
Muslim Personal Law. The BMMA are of the view that the Supreme Court’s observations 5have
emanated from the need to bring about a gender-just legal framework and not from desire to
impose or force anything on different communities.
It is to be considered as the review of muslim personal law to remove the ambiguity within
different sub-sect under muslim religion and incorporation of shariya rules vis a vis harmonious
balance with constitutional morality. The reformation within the personal laws does not mean
any way to enforce Uniform Civil Code as, Uniform Civil Code is a very wide concept which
needs much more research, analysis and public will for the practicability of its creation.

Chapter 5
Initiatives toward codification so far

First voice of the codification of muslim personal law came in to notice in 2011 when all India
Muslim personal law board president asked for it in context of women's rights and wrote an
open letter to the President of India6. Later on a campaign was started by Bhartiya Muslim
Mahila Andolan (B.M.M.A) .The organisation also released a draft titled "The Muslim marriage

5
The Supreme Court has exhibited a favorable attitude towards a UCC in a few notable judgments, namely, Sarla
Mudgal v. Union of India, [AIR 1995 SC 1531]; Mohd. Ahmed Khan v. Shah Bano Begum, [1985 SCR (3) 844] and
John Vallamattom v. Union of India, AIR 2003 SC 2902.)
6
Bharatiya Muslim Mahila Andolan (BMMA) (2015): "Letter to P M Demanding Codification of Mus-
lim Family Law," https://bmmaindia.com/2015/11/27/letter-to-pm-demanding-codifica- tion-of-muslim-

13
and divorce act" in 20147 it addressed the issue of marriage ,of children's custody and demand of
the ban on polygamy and tripple talaq. Meaning of the words used in the letter of demand were
to express their concern for gender justice.8
Demand of codification of muslim personal law does not mean be reversal of muslim law or
destroying its fundamental prunciples. The the initiative needs to be taken to reform muslim
personal law within it. Which aims to protect and preserve it from its misinterpretation and
mishandling by those having some persinal and orthodox notions against muslim women.
There are different and conflicting interpretations that are addressed on some legal issues which
create uncertainty and ambiguity in law. The consequence of different interpretations is usually
taken as a pick and choose approach to prejudice and curtail the interest of the women .The
women also who are unaware of their legal rights under sharia law and in fear of disrespect
toward religious faith submit to what is applied to them. Not only this even the courts before
with the issues concerning muslim personal law is brought ,the judges trapped into conflicting
interpretation and fail to provide the justice in a proper way. The recent example can be taken
when the issue with brought in court as to the applicability of divorce by mutual consent in
muslims when brought in kerala H.C 9 just came in one hand provided the other course are still in
doubt the divorce by mutual consent is it possible under Muslim personal law without the
intervention of quote on.

Codification of muslim law and constitutiinal provision in this context

Article 246 of the Constitution of India and Entry 5 of the Concurrent List gives power to the
Legislatures to pass laws regulating personal law. Article 13(1) of the Constitution of India
provides that all pre-constitution laws, so far as they are inconsistent with the Part III, shall, to
the extent of inconsistency, be voidAdditionally, there already exists a judicial and legislative
framework which would facilitate the reform of Muslim Personal Laws. Article 246 of the
Constitution of India and Entry 5 of the Concurrent List gives power to the Legislatures to pass

7
ibid
8
"Certain orthodox and patri- archal males have dominated the debate on rights of Muslim women and have
stonewalled any attempt towards reform in muslim personal law. In the process the Muslim women have been
denied their Quranic rights as well as their rights as equal Indian citizen"
9
Kerala High CourtXxxxxxxxxx vs Xxxxxxxxxx on 9 April, 2021 reading of the judgment suggests that despite
clear suggestions regarding the absoluteness of the wife’s right to invoke Khula, she is still required to approach the
court

14
laws regulating personal law. Article 13(1) of the Constitution of India provides that all
pre-constitution laws, so far as they are inconsistent with Part III, shall, to the extent of
inconsistency, be void.

If the expression “all laws in force” and the term “law” is construed to mean personal laws as
well, it would make such personal laws amenable to writ jurisdiction.
Role of Indian judiciary toward codification of muslim law
Indian judiciary in recent times amended judicial practice to decide cases in favour of Muslim
women's needs without codified laws.As Subramanian (2008) emphasises, judges have found
new ways in recent decades to build upon landmark case precedents and existing personal and
statutory laws to covertly adjust the implementation of Muslim personal laws in ways that ‘align’
with civil laws applicable to other communities. They have managed to formulate verdicts on
issues such as instant triple-talaq, payment of post-divorce maintenance and the right to adopt
that favour Muslim women's rights, in spite of the absence of specific legislation.10

Codification of personal law in other countries

There are many countries having incorporated muslim personal law and provide greater rights
than in India, such as Tunisia, Libya, Jordan, Iraq, Indonesia,
and Malaysia, and sometimes to the innovative interpretations of Muslim scholars in India and
other countries.It is also pertinent to note here that in Pakistan, the personal laws are codified, so
as to make it easier for the superior courts to adjudicate upon the constitutionality of such laws
on the touch stone of Shariah just like it did in the case of Saleem Ahmad 11
Pakistani Supreme Court unlike the Indian Supreme Court has been very progressive and
courageous in interpreting the Quran and Sunnah, in order to provide remedy to the Muslim
wives 12. The Courts in Pakistan by resorting to ijtihad, have asserted their right to independent

10
Danial Latifi vs Union of India (2001), which extended a woman's entitlement to post-divorce maintenance from
her ex-husband beyond the three-month period required by Muslim Personal Law; Shamim Ara vs State of UP
(2002) which invalidated talaq-i-bid`ah; and Shabnam Hashmi vs Union of India (2014), which confirmed that civil
laws on child adoption would prevail over Muslim personal laws.
11
The controversy was with respect to interpreting the Arabic word “mata” to mean as “provision” that is one time
lump sum payment or “maintenance” that is continued maintenance.
12

15
interpretation of the Qurānand Sunnah, where necessary; and their right to differ from the
doctrines of traditionally authoritative legal texts of the various schools of thought in Islam,
especially, the Ḥanafi school of thought.

Chapter 6
Opinion of islamic scholars, jurist , social reformers on codification of Islamic
law
Though demand for tje codification of islamic law is raised from different scholars and public
figure There are some muslim religious organisatiin which do not support the claim as I
discussed.Muslim public figures and community leaders did support a full or partial codification
of personal laws in the decades following Indian independence. Politicians like Abul Kalam
Azad, Naziruddin Ahmad and Hussain Imam argued for constructive amendments or the full or
partial codification of Muslim personal laws according to constitutional values13The renowned
legal expert and barrister Asaf Ali Asghar Fyzee called in the early-1960s for a ‘root and branch’
review of Muslim personal laws which could ‘deal … with the major needs of the community’,
In the early 1970s, the renowned jurist Tahir Mahmood compiled two companion volumes
advocating the so-called ‘progressive codification’ of Muslim personal laws, to bring them into
line with common civil laws and abolish some of its practices14
"It is unwise for the Muslims of India to shut their eyes to the tremendous progress in the fields
of personal law and succession made in a major part of the world of Islam. A unified, codified
and modernized law of personal status is now the order of the day in a large number of countries
where Muslims constitute overwhelming majorities."15

the AIMPLB argued that the interpretation of Islamic laws (ijtihad) was open only to trained
Islamic scholars, and that judges and legislators should have no role in shaping the contents of
shariah-based stipulations16

13
Subramanian 2014, 219–221
14
Mahmood, Tahir. 1972. “Progressive Codification of Muslim Personal Law.” In Islamic Law in Modern India,
edited by Tahir Mahmood, 80–98.
15
ibid
16
1974 Rahmani, Minnatullah. 1974. Mutbin Bill 1972: ek jaiza. Mumbai: All India Muslim Personal Law Board.

16
Conclusion and suggestions
With above discussion the facts are are very clear from the analytical research of
the topic is that With respect to the despicable condition of the Muslim women in
India, the basic reason remains the non assertion of rights which Shariat already
guarantees them. This non assertion of rights is due to complete ignorance of the
usul al-fiqh in Muslims, especially women. Popular misconceptions floating all
around as muslim law as shown redicial ,fanatic, misogynist notion also paint a
picture of Shariat as being oppressive towards women, does not help the women at
all rather it reinforces the patriarchy already inherent in the society. Absence of
codification of Muslim personal law adds to the problem.codification of Islamic
law will not only provide certainty and remove ambiguity which usually taken to
prejudicd the muslim women from their basic rights A discourse on usul al-fiqh in
India, in absence of codification, will not serve any purpose. It is extremely
important that Muslims in India, both men and women, should be made aware of
the usul al-fiqh so as to lessen the gender inequality existing in the society. And
that can be only practicable on codification of islamic principles into a blueprint.

17
References:
Legislation
● The constitution of India
● The Muslim Personal Law (Shariat) Application Act, 1937
● The Dissolution of Muslim Marriages Act, 1939
● Muslim Women (Protection of Rights on Divorce) Act
Cases
● Mohd. Ahmed Khan v. Shah Bano Begum
● John Vallamattom v. Union of India
● Danial Latifi vs Union of India
● Shamim Ara vs State of UP
● Shabnam Hashmi vs Union of India (2014)
● Sarla Mudgal, & others. v. Union of India

● 1986
Articles
● Abbasi, Zubair. 2014. “Islamic Law and Social Change: An Insight into the Making of
Anglo-Muhammadan Law.” Journal ofIslamic Studies 25 (3): 325–349.
● BMMA (Bharatiya Muslim Mahila Andolan). 2014. The Muslim Family Law Act, First
Amendment
(7.12.2014),https://bmmaindia.com/2014/12/07/the-muslim-family-act-1st-amendment-pr
epared-by-bharatiya-muslim-mahila-andolan/.
● Seeking Justice within Family: A National Study on Muslim Women’s Views on Reforms
in Muslim Personal Law. Belgaum: Omega Publications.
● Kirmani, Nida. 2011. “Beyond the Impasse: Muslim ‘Feminism(s)’ and the Indian
Women’s Movement.” Contributions toIndian Sociology 45 (1): 1–26.
● Kumar, Radha. 2011. The History of Doing: An Illustrated Account of Movements for
Women’s Rights and Feminism in India1800-1990. Delhi: Zubaan.
● Law Commission of India. 2018. Consultation Paper on Reform of Family Law.

18
 ● Mahmood, Tahir. 1972a. “Progressive Codification of Muslim Personal Law.” In Islamic
Law in Modern India, edited by TahirMahmood, 80–98. Bombay: N.M. Tripathi Ltd.
● Subramanian, Narendra. 2014. Nation and Family: Personal Law, Cultural Pluralism and
Gendered Citizenship in India.Stanford: Stanford University Press.
● Suneetha, A. 2012. “Muslim Women and Marriage Laws: Debating the Model
Nikahnama.” Economic and Political Weekly

websites and newspaper

● AIR Online 
● Cambridge Books Online | Cambridge Books Online
● EBC Reader
● Hein Online 
● LexisNexis - Advance
● Manupatra 
● SCC Online 
● Westlaw

19