LEGISLATION REVIEW – THE MUSLIM WOMEN [PROTECTION OF RIGHTS ON MARRIAGE] ACT, 2019

AUTHOR – ISHIKA SHARMA & MAHESH KHATRI, STUDENTS AT UNIVERSITY OF PETROLEUM AND ENERGY STUDIES

BEST CITATION – ISHIKA SHARMA & MAHESH KHATRI, LEGISLATION REVIEW – THE MUSLIM WOMEN [PROTECTION OF RIGHTS ON MARRIAGE] ACT, 2019, Indian Journal of Legal Review (IJLR), 3 (2) of 2023, Pg. 289-296, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Muslim Women [Protection of rights on marriage] act 2019 declared the practice of Instant Triple Talaq as unconstitutional, illegal and void. Muslim Husband indulging in this practice after the enforcement of this act will be subject to punishment of 3 year imprisonment with the imposition of fine. The issue of custody and maintenance is also resolved in this act. The backbone of the act is the criminalisation of the divorce. This research paper is indulge in explaining the types of Talaq in Islam, what is the act about. It will critically examine the grey areas of the act and history of the act. The paper will further explore the case of [Shayara Bano v. Union of India] that lead to the formation of this act and will compare the Muslim Personal law of our country with the other countries and will also compare it with the other religion.