Tag: #MuslimPersonalLawApplicationAct

S.no	Contents
1.	Introduction
2.	Stigmas Related to Inter Religion Marriages in India
3.	Introduction to Special Marriage Act, 1954 and its Basic Outline
4.	Inter Religion Marriages under Special Marriage Act 1954
5.	Recent Judgement Related to Inter Religion Marriages
6.	Case Laws Pertaining to Significant Inter Religion Marriage Judgements
7.	Conclusion

Introduction

We all vision our Nation to be at the top of its zenith, be it economically, culturally, socially or politically. But the obstacles we face aren’t just limited to poverty or corruption or mere resolves. The major issue we face every day is fighting the restricted and orthodox mentalities of people. While it’s the common man/woman who helps the Nation progress, it’s they who pull it back with the burden of their thoughts.

While we could flaunt discussing the legality of Same Sex Marriages in India, and say that the taboo of Inter Religion Marriage has been totally eliminated, the case on the ground isn’t that simple.

Inter-religion marriage is a union between two individuals belonging to different religious communities. In India, inter-religion marriage is a socially and culturally sensitive topic, especially when it involves Hindu and non-Hindu communities. The complexity of this issue arises from the fact that India is a country of diverse cultures, languages, religions, and social customs. The practice of inter-religion marriage is often met with social and familial opposition and can even result in legal complications. India is home to many religions, including Hinduism, Islam, Christianity, Sikhism, Buddhism, and Jainism. Each religion has its own set of beliefs, customs, and practices, which can influence inter-religion marriages.

The issue of inter-religion marriage has been the subject of debate in India for several years. While some argue that inter-religion marriage can promote social harmony and unity, others view it as a threat to cultural and religious identities. The Supreme Court of India has consistently upheld the right of individuals to marry the person of their choice, irrespective of religion or caste.

In India, inter-religion marriage is governed by different personal laws that vary according to the religion of the parties involved. For instance, the Hindu Marriage Act 1955, governs Hindu marriages, while the Special Marriage Act 1954^[1], governs marriages between individuals of different religions. The Muslim Personal Law governs marriages in the Muslim community. Further, light is thrown on the Societal issues and taboos related to Inter Religion Marriage, briefly explains all the provisions under the Special Marriage Act, 1954, talks about how Inter Religion Marriages are governed under this law and finally a conclusion with some recent judgements and the Author’s views related to the Topic

Stigmas Related to Inter Religion Marriages in India

Inter-religion marriages in India are still considered taboo in many parts of the country. While the issues are prevalent in different spheres of society, all the possible efforts to culminate it have been effective, but not as effective as expected. The situation can be summarized in the following points which put up a clearer perspective of the antagonistic situation^[2]:

• Social stigma: In India, inter-religion marriages are often frowned upon, and couples can face social stigma and discrimination from their families, communities, and even the society at large.

• Legal hurdles: While inter-religion marriages are legal in India, couples often face legal hurdles when it comes to obtaining marriage registration and other legal documents. This can be especially challenging when one partner belongs to a minority religion.

• Religious barriers: Some religious communities in India do not permit inter-religion marriages, and couples who belong to these communities can face significant opposition from their families and religious leaders.

• Family pressure: In many cases, families put immense pressure on their children to marry within their own religion, which can cause significant stress and strain on the couple’s relationship.

• Violence and threats: In extreme cases, inter-religion couples can face violence and threats from their families and communities, which can make it difficult for them to live together in peace and safety.

• Lack of acceptance: Despite the legal recognition of inter-religion marriages, many people in India still do not accept such unions as legitimate, which can make it difficult for couples to live and work in certain communities.

• Need for social change: Given the challenges faced by inter-religion couples in India, there is a need for greater social acceptance and support for such unions. This requires a change in attitudes and beliefs about marriage and religion, as well as greater legal protection and support for inter-religion couples

Introduction to Special Marriage Act, 1954 and its Basic Outline

The Special Marriage Act 1954 is a legal framework that provides for the solemnization of marriages between individuals of different religions, castes, and nationalities. It is designed to allow for civil marriages and to create a legal mechanism to register such marriages. It provides legal recognition to civil marriages and protects couples from social stigma and discrimination. The Act has been instrumental in promoting secularism and unity in diversity in India. The Act is applicable to the whole of India, except for the state of Jammu and Kashmir^[3]. Some of the Key Provisions of the Act which are evident in the Daily Court Procedures are: –

• Applicability: The Special Marriage Act is applicable to any Indian citizen who wishes to solemnize a marriage regardless of their religion, caste, or creed. It applies to any person who is a resident of India or domiciled in the country, as well as to those who are outside India and intend to marry in the country.

• Notice of Intended Marriage: The Act mandates that both parties intending to marry under this Act must give notice of their intention to do so. The notice must be given in writing to the Marriage Officer of the district where at least one of the parties resides.

• Objections to the Marriage: Once the notice of intended marriage is given, the Marriage Officer must display it in a prominent place in the office for thirty days. If no objections are raised during this time, the marriage can be solemnized. However, if objections are raised, the Marriage Officer must conduct an inquiry to determine whether the objections are valid or not.

• Solemnization of Marriage: Once the Marriage Officer is satisfied that there are no objections to the intended marriage, the marriage can be solemnized in the presence of three witnesses, including the Marriage Officer. The ceremony must conform to the provisions of the Act and can be performed by a registered Marriage Officer, a Registrar of Marriages, or any person authorized by the government to do so.

• Registration of Marriage: After the marriage is solemnized, the Marriage Officer must enter a certificate of marriage in the Marriage Register. The certificate must be signed by the parties to the marriage, the witnesses, and the Marriage Officer. The certificate is conclusive proof of the marriage, and a certified copy can be obtained from the Marriage Officer upon request.

• Dissolution of Marriage: The Special Marriage Act also provides for the dissolution of marriage by mutual consent or on grounds of adultery, cruelty, desertion, or conversion to another religion. The procedure for obtaining a divorce under the Act is similar to that of obtaining a decree of divorce under the Hindu Marriage Act, of 1955.

• Miscellaneous Provisions: The Act also contains provisions relating to maintenance, custody of children, and the rights of children born out of wedlock. It also provides for the registration of marriages performed outside India under this Act.

Inter Religion Marriages under Special Marriage Act 1954

In India, inter-religion marriage can be solemnized under the Special Marriage Act 1954. The Act provides for the registration of marriages between persons of different religions, castes, or creeds. Here are the legal sections and conditions for inter-religion marriage under the Special Marriage Act 1954:

• Eligibility: Any two individuals who are of marriageable age (21 years for the groom and 18 years for the bride) can marry under the Special Marriage Act, irrespective of their religion, caste, or creed. The conditions laid down for the eligibility have been mentioned by Section 4^[4] of the Special Marriage Act 1954, for it also says that they must not be within the degree of a prohibited relationship, and they must not have a living spouse at the time of the marriage.

• Notice of Intended Marriage: The first step is to give a notice of intended marriage to the Marriage Registrar of the district in which at least one of the parties has resided for a minimum of 30 days prior to giving the notice. Section 5 ^[5] of the Special Marriage Act is responsible for this clause of the law.

• Objections: After the notice is published, any person may file an objection to the marriage if they have a valid reason for doing so. According to Section 7^[6] of the Special Marriage Act 1954, Any person may object to the intended marriage within 30 days of the publication of the notice by filing an objection in writing to the Marriage Officer. The Marriage Officer is required to investigate the objection and decide on the validity of the objection.

• Waiting Period: After the notice is published and there are no objections, a waiting period of 30 days is mandatory before the marriage can be solemnized. Based upon Section 6^[7] of the Special Marriage Act 1954, Upon receipt of the notice of intended marriage, the Marriage Officer is required to display the notice at a conspicuous place in his office and issue a copy of the notice to the parties involved.

• Declaration: Both parties must sign a declaration stating that they are not related to each other within the prohibited degrees of the relationship as specified in the Act.

• Solemnization: The marriage can be solemnized in the presence of a Marriage Officer and two witnesses. The Marriage Officer will register the marriage and issue a certificate of marriage. Section 12^[8] of the Special Marriage Act lays down the conditions for the Solemnisation and Registration of the marriages, which are either inter-religious or inter-caste.

• Registration: The marriage must be registered within 90 days of the solemnization, failing which the registration may be done only with the permission of the Marriage Officer and on payment of a penalty.

It is important to note that the Special Marriage Act 1954 does not allow for any religious ceremony or rites during the solemnization of the marriage. The marriage is considered a civil contract and is governed by the provisions of the Act.

Recent Judgement Related to Inter Religion Marriages 

Recently, the Supreme Court turned down a public interest lawsuit recently that contested elements of the Special Marriage Act that require posting interfaith spouses’ personal information ahead of their wedding.

According to Sections 6^[9] and 7^[10] of the law, couples have 30 days before their wedding to invite or consider objections by posting a public notice in a visible place or on the notice board in the marriage officer’s office. Their names, phone numbers, dates of birth, ages, occupations, addresses, and identifying information are all included in the notice’s details.^[11]

The appeal against these two Act clauses, as well as the portions allowing anybody to object to the marriage and the marriage officer’s ability to inquire into a couple’s past, was rejected by a bench of Justices Dinesh Maheshwari and Bela M Trivedi. According to the petitioner’s attorney, his client wed a guy of a different religion in accordance with the Special Marriage Act. The bench answered, “It ceases to be a PIL if it is your personal cause.

The Act had begun to take force in 1954, the court also found, citing Bar and Bench. It asked the attorney, “Where’s your cause of action?” as it rejected the PIL.

Case Laws Pertaining to Significant Inter Religion Marriage Judgements 

• Smt. Lata Singh v. State of UP^[12]: This case marks the Supreme Court announced that a person has the right to choose their life partner and that inter-caste and inter-religion marriages should be encouraged. The court also directed the police to provide protection to couples who marry against the wishes of their parents.

• Salamat Ansari v. State of UP^[13]: Being a legendary case in the history of Family Laws in India, the Judgement of the Supreme Court in the case said that an inter-religious marriage solemnized under the Special Marriage Act is valid and that the consent of parents or guardians is not required.

• Ramesh Kumar v. State of Haryana^[14]: In this case, the Supreme Court held that the choice of an adult to marry a person of their choice is a fundamental right guaranteed under the Constitution of India and that interference by family members or society in such marriages is illegal.

• K. Srinivas Rao v. D.A. Deepa^[15]: As per the Supreme Court, the Special Marriage Act allows parties to register their marriage without any religious ceremonies, and parties to an inter-religious marriage can choose to follow the customs and traditions of their respective religions.

• Sarla Mudgal v. Union of India^[16]: For all those who are well-versed in the case laws of India, they would understand the significance of this specific case. Supreme Court in this Judgement held that a person cannot convert to another religion just for the purpose of marrying a person belonging to that religion and that such conversions are illegal and void. The court also directed the government to enact a law to prevent such conversions

Conclusion to the Unfathomable Taboo of Inter Religion Marriage

Inter-religion marriage has been taboo in India for a long time, and it has been the subject of political and social debate for many years. The laws related to inter-religion marriage have evolved over time to address this issue and provide legal protection to couples who wish to marry outside their religion or caste.

The Special Marriage Act 1954, provides a legal framework for inter-religion and inter-caste marriages in India. It lays down the conditions for the solemnization of special marriages and mandates that the parties involved must give notice of their intention to get married to the Marriage Officer. The Act also provides for objections to the marriage, and the procedure for solemnization of the special marriage.

Despite the legal framework in place, inter-religion marriage continues to face opposition from certain sections of society. Some political parties have also used this issue to further their own agendas. However, in recent years, there has been a shift in the public perception of inter-religion marriage, with more and more people accepting it as a personal choice.

The law has also evolved to keep pace with changing social norms. In 2018, the Supreme Court of India passed a landmark judgement, decriminalizing adultery, which was a major step towards recognizing the individual autonomy of adults in their personal relationships. This judgement, along with other legal developments, has provided greater legal protection to couples in inter-religion and inter-caste marriages.

Inter-religion marriage is often met with resistance from society and families, which can lead to social ostracism and even violence. Families may object to inter-religion marriages on the grounds of cultural and religious differences. The couple may also face legal challenges, such as cases of abduction, forced conversion, and even honour killing.

In conclusion, inter-religion marriage continues to be a contentious issue in India, with social and political factors influencing public perception. However, the legal framework has evolved to provide greater protection to couples who wish to marry outside their religion or caste. While there is still a long way to go, there are signs that society is becoming more accepting of inter-religion marriage, and this is reflected in the changing legal landscape.

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Endnotes:

1. Special Marriage Act, 1954
2. Maharashtra sets up panel to track interfaith, intercaste marriages, The Indian Express (Dec. 19, 2022), https://indianexpress.com/article/cities/mumbai/maharashtra-sets-up-panel-to-track-interfaith-intercaste-marriages-8323158/
3. Section 1 of the Special Marriage Act, 1954
4. Section 4 of the Special Marriage Act, 1954
5. Section 5 of the Special Marriage Act, 1954
6. Section 7 of the Special Marriage Act, 1954
7. Section 6 of the Special Marriage Act, 1954
8. Section 12 of the Special Marriage Act, 1954
9. Ibid 7
10. Ibid 6
11. Press Trust of India, Government response awaited on the law on inter-faith marriages, The Hindu (Jan. 24, 2022), https://www.thehindu.com/news/national/government-response-awaited-on-law-on-inter-faith-marriages/article38278975.ece.
12. Smt. Lata Singh v. State of UP, (2006) 5 SCC 475 (Sup. Ct. 2006)
13. Salamat Ansari v. State of UP, (2008) 2 SCC 202 (Sup. Ct. 2008).
14. Ramesh Kumar v. State of Haryana, (2017) 12 SCC 588 (Sup. Ct. 2017).
15. K. Srinivas Rao v. D.A. Deepa, (2013) 5 SCC 226 (Sup. Ct. 2013).
16. Sarla Mudgal v. Union of India, (1995) 3 SCC 635 (Sup. Ct. 1995)

This article is authored by Rishaan Gupta, a 1st year Student at National Law University, Delhi.

S.no	Contents
1.	Introduction
2.	History dating to the origin of Islamic Law in Hindustan
3.	Sources of The Islamic Laws Propagated All over the Nation
4.	Features of The Indian Islamic Laws – The Unity in Diversity
5.	Conclusion

Introduction

Secularism is embedded in the roots of the Hindustani Soil since Ancient History. Whereas Sanatan Dharma is believed to trace its origin in the Indian Nation, Islam was prevalent in the country by the late 8th century after the invasion of Mohd Bin Qasim.

With building Muslim invasions and the Emerging Delhi Sultanate, Islam became an integral part of Indian Society. The evolution of societies took place with Khalijis, Tughlaqs, Lodhis and Mughals ruling India for over 700 years. The ethnic culture shifts and dictatorial rule of the Muslim Invaders were very prevalent reasons for the spread of Islam in the Country. Where History saw rulers like Akbar and Iltutmish stand up for secularism and give equal respect to all religions, hundreds plundered the temples and disrespected the religion.

Hindus and Muslims, the two majorly populated religions of India have been at continuous trifle and violent upsurge throughout the years. With the British ruling India for over 200 years and implementing their ‘Divide and Rule Policy’, it never got better for the people of both communities. At some point, it was the lawmakers and the cognitive Individuals from the Indian democracy who felt the need to bring in some special laws for the Muslims, to respect their religious practices and avoid the futuristic feuds.

Muslim Personal Law (Shariat) Application Act of 1937^[1], is just not another set of laws that enforce legality and order in our system, but also an identity that Muslims have owned for the past 8 decades. The detailed analysis stated below aims to bring out the various sources which have had a major role in shaping Islamic Laws. The sub-topics also feature the detailed History of Islamic Laws in India and their current situation in the Constitution.

History dating to the origin of Islamic Law in Hindustan

Islamic law has a long and rich history in India. The presence of Islam in India can be traced back to the 7th century when Arab traders started visiting the Indian subcontinent. Over time, Islam spread in India, and Muslim rulers established their kingdoms, which had a significant impact on the development of Islamic law in the country. You would have read it in the books of history or seen it in the movies about the laws like jazia, etc. Well, these were the foundations of Islamic Law.

• Pre-Mughal Period

Before the arrival of the Mughals, Islamic law in India was largely based on the teachings of the Quran and the Sunnah. Islamic scholars in India studied and interpreted the Quranic principles and developed a legal system that was specific to India. This system was known as Fiqh, and it was based on the Hanafi school of Islamic jurisprudence. During this period, the Indian subcontinent was ruled by various Muslim dynasties, including the Delhi Sultanate and the Bahmani Sultanate. These dynasties had their legal systems, which were based on Islamic principles.

• Mughal Period

The Mughal period in India (1526-1858) was significant in the history of Islamic law in India. The Mughal emperors were patrons of Islamic scholarship, and they encouraged the development of Islamic law in the country.

During this period, Islamic scholars in India studied and interpreted the Quranic principles and developed a legal system that was specific to India. This system was known as Fatawa Alamgiri, and it was based on the Hanafi school of Islamic jurisprudence. Fatawa Alamgiri was a compilation of legal opinions on various aspects of Islamic law, including marriage, divorce, inheritance, and succession.

• British Period

The arrival of the British in India in the 18th century had a significant impact on Islamic law in the country. The British colonial government introduced secular laws that applied to all citizens, regardless of their religion. However, Muslims in India continued to follow their laws, which were based on Islamic principles.

The British government enacted the Muslim Personal Law (Shariat) Application Act in 1937, which provided for the application of Islamic law to Muslims in India. The act recognized the rights of Muslim women to seek divorce and inherit property under certain conditions.

• Post-Independence Period:

After India gained independence in 1947, the Indian government continued to recognize the importance of Islamic law in the lives of Muslims in the country. The Muslim Personal Law (Shariat) Application Act continues to be in force, and Personal Laws continue to govern personal matters for Muslims in India.

In conclusion, the history of Indian Islamic laws is a long and rich one, dating back to the pre-Mughal period. Islamic law in India has been shaped by Islamic scholars over several centuries and is based on the teachings of the Quran and the Sunnah. The Mughal period was significant in the development of Islamic law in India, and the British period had a significant impact on the recognition of Islamic law in the country

Sources of The Islamic Laws Propagated All over the Nation

Islam is a comprehensive religion that guides its followers in every aspect of their lives. The sources of Islamic law, also known as Sharia, are the primary sources from which Muslims derive their religious guidance. The sources of these laws are dated back to the early 7^th Century and are credible according to the followers of Islam. The apostles of this Religion have carried through these sources and a lot of them have been incarnated in the Laws that represent them. These sources include the Quran, the Sunnah, Ijma, and Qiyas. 

1. The Quran

The Quran is the primary and most important source of Islamic law. It is the holy book of Muslims that contains the teachings and guidance of Allah (SWT). The Quran is the word of God revealed to Prophet Muhammad (PBUH) through the angel Gabriel. It consists of 114 chapters or Surahs, each containing verses or Ayahs that provide guidance and direction to Muslims. The Quran covers a wide range of topics, including theology, ethics, morality, social norms, and legal matters. Muslims believe that the Quran is the final and complete revelation from God to mankind, and it is free from any error or contradiction. Quranic verses that deal with legal matters are known as Ahkam, and they provide the basis for Islamic jurisprudence.

2. The Sunnah

The Sunnah refers to the sayings, actions, and approvals of Prophet Muhammad (PBUH). It is the second most important source of Islamic law. The Sunnah is recorded in the Hadith, which is a collection of narrations about the life and teachings of Prophet Muhammad (PBUH). The Hadith contains the words of the Prophet (PBUH) as well as his actions and behaviour. Muslims consider the Sunnah to be a practical application of the Quranic teachings, and it provides a detailed explanation of the Quranic injunctions. The Sunnah is considered the primary source of Islamic law after the Quran.

3. Ijma

Ijma is the consensus of Islamic scholars on a particular issue. It refers to the collective agreement of the Muslim community on a particular matter. Ijma is considered the third most important source of Islamic law. It is based on the principle that the collective wisdom of the Muslim community is superior to that of an individual. Ijma is based on the Hadith that states: “My community will never agree on an error.” Therefore, when the Muslim community agrees on a particular issue, it becomes binding on all Muslims.

4. Qiyas

Qiyas refers to analogical reasoning in Islamic jurisprudence. It is the process of deducing the ruling on a particular matter based on a similar ruling in another matter. Qiyas is considered the fourth most important source of Islamic law. It is used when the Quran and Sunnah do not provide a direct ruling on a particular issue. Qiyas is based on the Hadith that states: “The likeness of things is the same as the likeness of what resembles it.“

The sources of Islamic law provide guidance and direction to Muslims in every aspect of their lives. The Quran and Sunnah are the primary sources of Islamic law, while Ijma and Qiyas are considered secondary sources. Islamic scholars use these sources to derive rulings on various issues, and they must ensure that these rulings are consistent with the teachings of Islam.

Features of The Indian Islamic Laws – The Unity in Diversity

Islamic law, also known as Sharia, is an integral part of the Indian legal system. Muslims in India are subject to Sharia laws, which govern various aspects of their lives. These laws have been shaped by Islamic scholars over several centuries and are based on the teachings of the Quran and the Sunnah. In this article, we will discuss the features of Indian Islamic laws in detail.

• Personal Laws

Islamic laws in India govern personal matters such as marriage, divorce, inheritance, and succession. These laws are known as Personal Laws and apply only to Muslims. Personal laws are based on the Quran and the Sunnah and are enforced by Sharia courts. Muslims in India have the right to opt for Personal Laws over the secular laws of the country, but they cannot opt for both. Section 2 and Section 4 of The Muslim Personal Law (Sharia) Application Act, 1937 deal with the personal Laws of Islamic Natives.

Article 44 of the Indian Constitution^[2] provides for a uniform civil code for all citizens, regardless of their religion. However, the Indian government has not yet implemented a uniform civil code, and Personal Laws continue to govern personal matters for Muslims.

• Marriage

Marriage is an important aspect of Islamic law, and it is considered a sacred bond between a man and a woman. Islamic law recognizes marriage as a contract between the two parties, and it is subject to certain conditions. The Quran states that marriage should be based on mutual love and respect, and it should be a means of finding peace and tranquillity in life. The age of marriage for girls is fixed at 18 years, and for boys, it is 21 years. Polygamy is allowed in Islam but is subject to certain conditions.

Section 3 of the Muslim Marriages Registration Act 1981^[3], governs marriage and divorce for Muslims in India. The act provides for the registration of marriages and divorces and recognizes the right of Muslim women to seek divorce under certain conditions.

• Divorce 

Divorce is allowed in Islam, but it is considered a last resort. Islamic law recognizes several types of divorce, including Talaq, Khula, and Mubarak. Talaq is the most common type of divorce, and it is initiated by the husband. The Quran prescribes certain conditions for the validity of Talaq, and it also provides for the reconciliation of the parties before the divorce becomes final.

Dissolution of Muslim Marriages Act, 1939^[4], provides for the regulation of Talaq, Khula, and Mubarak. The act also recognizes the right of Muslim women to seek divorce under certain conditions, such as cruelty, desertion, and impotence.

• Inheritance

Inheritance is governed by Islamic law, and it is based on the Quranic principles of equity and justice. Islamic law recognizes the rights of all heirs, and it provides for the distribution of property according to a fixed formula. The Quranic formula for the distribution of property is based on the concept of shares, and it ensures that each heir receives a fair and just share of the property.

The provisions of the Indian Succession Act 1925^[5] provide for the regulation of inheritance for Muslims in India. The act recognizes the rights of all heirs and provides for the distribution of property according to the Quranic formula.

In conclusion, Islamic law plays an important role in the lives of Muslims in India. Personal Laws govern personal matters such as marriage, divorce, inheritance, and succession for Muslims. These laws are based on the Quranic principles of equity and justice and are enforced by Sharia courts. 

The Muslim Personal Law (Sharia) Application Act, 1937, provides for the regulation of these matters and recognizes the rights of Muslim women to seek divorce and inherit property under certain conditions.

Befitting Conclusion to the Topic

Islamic Laws have been an integral part of the Indian Constitution since its very inception. The books of history have always shown us, the hostility that has prevailed between the people of the two prominent communities in India and how it has affected the Nation. The Kolkata riots of the 1930s and 1946, The Partition Riots of 1947, The Gujarat Riots of 2004 and many more have routed the Nation even after the existence of special laws for both communities.
This can signify that there has been some ambiguity on the side of the public to comprehend these laws. After being drafted by the British, The Muslim Personal Law (Shariat) Application Act, of 1937 has been amended time after time to bring out the necessary changes which were required. The abrogation and criminalisation of ‘Triple Talaq’ have been one of those key Legal Amendments that have proved that the Legal authorities stand for Humanity and not for the upliftment of cruel practices of any religion. Despite challenges and controversies, Islamic law continues to be an important part of the legal system in India, and it continues to evolve and adapt to changing social and cultural contexts. Overall, the sources and features of Islamic law in India reflect a complex interplay of history, tradition, and modernity.

In conclusion, this article sheds light on the diverse and complex sources and features of Islamic law in India. A comprehensive overview of the primary sources of Islamic law, their interpretation, and the role of Islamic law in the Indian legal system has been provided. The interplay of tradition and modernity in the evolution of Islamic law in India, which continues to be a significant aspect of the country’s legal system, has been analysed by this Article. All we can hope for is, a legal system that could keep a check on the disparities between the two religious communities and bring out the Unity and Integration, the world has been talking about for centuries now.

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Endnotes:

1. Muslim Personal Law (Shariat) Application Act, 1937, Act No. 26 of 1937 (India)
2. Constitution of India, art. 44
3. Muslim Marriages Registration Act, 1981, § 3 (India)
4. Dissolution of Muslim Marriages Act, 1939, Act No. VIII of 1939 (India)
5. Indian Succession Act, 1925

This article is authored by Rishaan Gupta, a 1^st year Student at National Law University, Delhi.