| Abstract: | A country’s development maybe measured by the development of its women. Women empowerment and development is regulated by the cultural and societal milieu. In the modern era, laws regulate influence behaviour and thereby regulate the culture and society. While lawarises from the volkgeist, aims, aspirations, and culture, and it often finds expression in binding statutes. There is thus a dual interplay of law and culture which influence each other In India, personal laws are religion based, with secular matters such as marriage, divorce, maintenance, guardianship and inheritance, being different for different individuals based on the religion that they follow. The Constitution of India, while exhorting the State to enact a uniform civil code, at the same time protects the religious as well as the minority rights. Personal laws were and are regarded as sacrosanct and inviolable, based on the premise that they are dictated by religion. Law and culture are irrevocably intertwined and influence each other, this relationship is most evident in the Muslim personal laws. The Shariat Application Act 1937, extended the Shariat as the law governing personal matters of the Muslims. The position of Muslim women with regard to matters such as divorce, maintenance, inheritance is neither at par with Muslim men nor with women of other religions. This paper traces the Muslim legal position with regard to divorce and maintenance. Statute and precedent is cited and analysed. Suggestions for reform are made. |
