Shah-Bano-eng

More documents

Recommendations

Info

Shah Bano, MW Act, and Mataa provision.” There is no reason why Indian courts should consider themselves bound to follow antiquated commentaries on Muslim law. They can consider the Quranic provisions in the light of modern translations and modern writings on the Quran. Properly construed, not only the Muslim law of maintenance of divorced women but the entire law on polygamy and divorce will be shown to be devoid of Quranic authority. 26
The Shah Bano Case: Written arguments on behalf of the Respondent [Shah Bano] Criminal Appeal No. 103 of 1981 in the Supreme Court of India Danial Latifi, Senior Advocate S.Shaukat Husain, Advocate 1. The main question in this reference is the correctness of the decision of this Hon’ble Court in Bai Tahira’s case (1979) 2 SCC 316 and in Fazlunbai’s case (1980) 4 SCC 125 regarding Section 127(3)(b) of the Code of Criminal Procedure 1973 read with section 125 of the said Code. 2. The material portion of section 127(3)(b) provides that a Maintenance Order, passed under section 125 shall be cancelled where: The woman has been divorced by her husband and . . . she has received, whether before or after the date of the said Order, the whole of the sum which, under any customary or personal law, applicable to the parties, was payable on such divorce. 3. The sums which under the Muslim personal law are payable upon divorce to the wife from the husband are as follows: -- (a) Where she is mafruzah (i.e. one whose mahr has been fixed at the time of marriage) such mahr; and, where she is one who has been given in marriage without any mahr being fixed, then an amount of mahr-ul-mithl (proper dower) determined by the Court; (b) Maintenance due during the iddat period; and (c) Mataa due under the command set forth in the verse 241 of Sura II (Surat ul Baqr) of the Holy Quran which is translated as follows: -- 241. And for divorced women, let there be a fair provision. This is an obligation on those who are mindful of God. (Al-Quran, rendered into English, by Dr. Syed Abdul Latif. Hyderabad, India, 1969, page 28.) 4. It is submitted that this amount, mataa, referred to in verse II:241 of the Holy Quran, is included in the sum which under the personal law applicable to the parties, who are Muslims, is payable on divorce. 5. Although this institution of mataa has not always been kept in the forefront by writers on Muslim Personal Law, it is clearly founded 27
Page 1 and 2: Women living under muslim laws Femm
Page 4 and 5: Shah Bano and the Muslim Women Act
Page 6 and 7: Co-published in 1998 by Women Livin
Page 8 and 9: Muslim Husband’s Liability under
Page 10 and 11: Part 5 Stop Press Jesmin Sultana v.
Page 12 and 13: Shah Bano, MW Act, and Mataa [1] Th
Page 14 and 15: Shah Bano, MW Act, and Mataa Ironic
Page 17 and 18: Introduction Lucy Carroll One decad
Page 19: Introduction A decade on, the event
Page 23 and 24: Md. Hefzur Rahman v. Shamsun Nahar
Page 25 and 26: 47 (1995) Dhaka Law Reports 54 High
Page 27 and 28: 47 (1995) Dhaka Law Reports 54 High
Page 29: Shah Bano: Bangladesh Shows the Way
Page 33: Shah Bano case: Written arguments 9
Page 37: [Extract from] Statement of Objects
Page 40 and 41: Shah Bano, MW Act, and Mataa mainte
Page 42 and 43: Shah Bano, MW Act, and Mataa the Pa
Page 44 and 45: Shah Bano, MW Act, and Mataa highly
Page 46 and 47: Shah Bano, MW Act, and Mataa her. T
Page 48 and 49: Shah Bano, MW Act, and Mataa And be
Page 50 and 51: Shah Bano, MW Act, and Mataa The Su
Page 52 and 53: Shah Bano, MW Act, and Mataa suppor
Page 55 and 56: [Extracts from] Report of the Commi
Page 57 and 58: A Pakistani View of Muslim Law Rafi
Page 59: Ancient Practice In the light of th
Page 63 and 64: Text of Chapter IX (Maintenance Ord
Page 65 and 66: Criminal Procedure Code, 1974, Chap
Page 67 and 68: Muslim Husband’s Liability under
Page 69 and 70: Views on Maintenance for Divorced W
Page 71: Views on Maintenance for Divorced W
Page 74 and 75: Shah Bano, MW Act, and Mataa verses
Page 76 and 77: Shah Bano, MW Act, and Mataa Among
Page 79 and 80: Mohd. Ahmed Khan v. Shah Bano Begum
Page 81 and 82:
(1985) 2 Supreme Court Cases 556 pl
Page 83 and 84:
(1985) 2 Supreme Court Cases 556 pe
Page 85 and 86:
(1985) 2 Supreme Court Cases 556 12
Page 87 and 88:
(1985) 2 Supreme Court Cases 556 Ar
Page 89 and 90:
(1985) 2 Supreme Court Cases 556 am
Page 91 and 92:
(1985) 2 Supreme Court Cases 556 na
Page 93:
(1985) 2 Supreme Court Cases 556 th
Page 96 and 97:
Shah Bano, MW Act, and Mataa Throug
Page 98 and 99:
Shah Bano, MW Act, and Mataa Dissol
Page 100 and 101:
Shah Bano, MW Act, and Mataa Prophe
Page 102 and 103:
Shah Bano, MW Act, and Mataa interp
Page 104 and 105:
Shah Bano, MW Act, and Mataa humani
Page 106 and 107:
Shah Bano, MW Act, and Mataa be exp
Page 108 and 109:
104
Page 110 and 111:
Shah Bano, MW Act, and Mataa Annexu
Page 112 and 113:
Shah Bano, MW Act, and Mataa 13. Co
Page 114 and 115:
Shah Bano, MW Act, and Mataa 110 11
Page 116 and 117:
Shah Bano, MW Act, and Mataa 101. S
Page 118 and 119:
Shah Bano, MW Act, and Mataa (a) a
Page 120 and 121:
Shah Bano, MW Act, and Mataa to sub
Page 122 and 123:
118
Page 124 and 125:
Shah Bano, MW Act, and Mataa retrog
Page 126 and 127:
Shah Bano, MW Act, and Mataa under
Page 128 and 129:
Shah Bano, MW Act, and Mataa him. 1
Page 130 and 131:
Shah Bano, MW Act, and Mataa women
Page 132 and 133:
Shah Bano, MW Act, and Mataa questi
Page 134 and 135:
Shah Bano, MW Act, and Mataa line w
Page 136 and 137:
Shah Bano, MW Act, and Mataa Postsc
Page 138 and 139:
Shah Bano, MW Act, and Mataa minori
Page 140 and 141:
Shah Bano, MW Act, and Mataa which,
Page 142 and 143:
Shah Bano, MW Act, and Mataa (iv) i
Page 144 and 145:
South Africa (Abstracted from mater
Page 146 and 147:
142
Page 148 and 149:
Shah Bano, MW Act, and Mataa These
Page 150 and 151:
Shah Bano, MW Act, and Mataa Mahr N
Page 152 and 153:
Shah Bano, MW Act, and Mataa Pay Re
Page 154 and 155:
Shah Bano, MW Act, and Mataa Woman
Page 156 and 157:
Shah Bano, MW Act, and Mataa as “
Page 158 and 159:
Shah Bano, MW Act, and Mataa mainte
Page 160 and 161:
Shah Bano, MW Act, and Mataa The ar
Page 162 and 163:
Shah Bano, MW Act, and Mataa liabil
Page 164 and 165:
Shah Bano, MW Act, and Mataa means.
Page 166 and 167:
Shah Bano, MW Act, and Mataa decisi
Page 168 and 169:
Shah Bano, MW Act, and Mataa husban
Page 170 and 171:
Shah Bano, MW Act, and Mataa 26. Th
Page 172 and 173:
Shah Bano, MW Act, and Mataa laid d
Page 174 and 175:
Shah Bano, MW Act, and Mataa law la
Page 176 and 177:
Shah Bano, MW Act, and Mataa contin
Page 178 and 179:
Shah Bano, MW Act, and Mataa learne
Page 180 and 181:
Shah Bano, MW Act, and Mataa 2. In
Page 182 and 183:
Shah Bano, MW Act, and Mataa woman
Page 184 and 185:
Shah Bano, MW Act, and Mataa the fo
Page 186 and 187:
Shah Bano, MW Act, and Mataa the hu
Page 188 and 189:
Shah Bano, MW Act, and Mataa iddat.
Page 190 and 191:
Shah Bano, MW Act, and Mataa conten
Page 192 and 193:
Shah Bano, MW Act, and Mataa 7. Cla
Page 194 and 195:
Shah Bano, MW Act, and Mataa ideas.
Page 196 and 197:
Shah Bano, MW Act, and Mataa its or
Page 198 and 199:
Shah Bano, MW Act, and Mataa Magist
Page 200 and 201:
Shah Bano, MW Act, and Mataa Thus A
Page 202 and 203:
198
Page 204 and 205:
Shah Bano, MW Act, and Mataa direct
Page 206 and 207:
Shah Bano, MW Act, and Mataa 6. In
Page 208 and 209:
204
Page 210 and 211:
Shah Bano, MW Act, and Mataa what s
Page 212 and 213:
Shah Bano, MW Act, and Mataa 50. It
Page 214 and 215:
Shah Bano, MW Act, and Mataa mainte
Page 216 and 217:
212
Page 218 and 219:
214
Page 220 and 221:
Shah Bano, MW Act, and Mataa judgem
Page 222 and 223:
218
Page 224 and 225:
220
Page 226 and 227:
Shah Bano, MW Act, and Mataa Sectio
Page 228 and 229:
Editorial Note: The passage quoted
Page 230 and 231:
226
Page 232 and 233:
Shah Bano, MW Act, and Mataa of thi
Page 234 and 235:
Shah Bano, MW Act, and Mataa entitl
Page 236 and 237:
Shah Bano, MW Act, and Mataa propon
show all

Shah-Bano-eng

Create successful ePaper yourself

Delete template?

Save as template?