Question

Distinguish the nature of divorce between hindu and muslim

Answer 1

this is so long but




India has two major legal systems governing personal laws. Hindu law governs Hindus in all aspects of life, and Islamic law governs Muslims in the areas of divorce, marriage, and inheritance. The application of distinct family laws to specific cultural groups is the foremost way in which cultural diversity is recognized. Multicultural institutions often provide unequal rights to citizens, violate individual rights, impede policy change, and restrict cultural exchange. Some argue that such outcomes are inevitable aspects of multiculturalism. Such criticisms are particularly leveled at plural family law systems. This is because the norms of most groups give the genders unequal rights in family life, or at least did so when plural family law systems initially took shape.

While this separate system of governing in the family law context is still intact, it has faced opposition in recent years from the Hindus, who comprise a clear majority of India’s population. Muslims, the second largest religious group in India, total approximately ten percent of the population. Several years ago, the Indian Supreme Court took an unprecedented step and requested that the Central Government enact one civil code applicable to all residents of India, drawing from the mandate of Article 44 of the Indian Constitution, which directs the states to “endeavour to secure for the citizens a uniform civil code throughout the Best territory of India.”

Sources Of Law

Muslim Law

Even though there are several sources of Islamic law, for the purpose of comparison, only the most basic sources that apply to Muslims in India are relevant. The essence of Islamic law is the Shari’a doctrine. Shari’a consists of commentaries and scholarship on justice, welfare, and how Muslims should live.


The most important text in Islamic law is the Qur’an. Muslims regard the Qur’an as the Prophet Muhammad’s seventh century A.D. writings of the word of God. The Qur’an is not a compilation of law per sé; it contains religious and ethical standards to which Muslims must adhere. The Qur’an is an important source to understand the principles and practices associated with divorce under Muslim law.

A second source of Islamic law, answering what the Qur’an does not, is the Sunnah of the Prophet Muhammad.

The Qur’an gives rise to the Sunnah by saying, “You who believe, obey God and the Prophet … and if you are at variance over something, refer it to God and the Messenger.”

The Sunnah, in essence, is a record of the Prophet’s sayings, deeds, and silent approval of deeds. Muslim scholars interpreted the Sunnah and transmitted it through narrative records known as hadiths. The most accurate hadiths come from approximately the middle of the ninth century A.D. By following the Sunnah, Muslims hope to achieve Muhammad’s perception of God.

A third source of Hanafite law is istihsan, or juristic preference. Pursuant to istihsan, if analogical reasoning leads to a harsh outcome in a situation, then equitable principles can be applied to lessen the severity of the result. At this point, Islamic law in India takes a path different from Islamic law in other countries.


These differences arose because foreign states influenced, through invasion and colonization, the various Islamic regions in different ways.

While the Middle East has codified Shari’a doctrine, India has implemented a case law system, resulting from its colonization by Great Britain that allows Indian courts to decide cases of Islamic law based upon legal precedent.

Hindu Law

The main source of Hindu law is the Constitution of India, which the Indian Parliament drafted in 1950 as the supreme law of the land..

The drafters designed the Constitution to entrench fundamental values, such as the civil and political rights of Indian citizens. The purpose of government became the creation and furtherance of an egalitarian order, not merely the prevention of social inequality