Thursday, March 28, 2024

Home »  Family Laws » Personal Laws

Personal Laws 

In India different religions like Hindu, Muslim, Christian and Parsi etc are governed by their own personal law as Hindu law (Hindu law acts 1955-56), Muslim law (Muslim personal laws (Shariat) application act 1937), Christian law, Parsi law (Parsi marriage and divorce act 1936), respectively. Every religion follows their own personal laws in the family matters pertaining to marriage, adoption, succession and so on.

Hindu Law

Hindu Law is considered to be one of the most ancient systems of law known to the world.

Hindu law is applicable to the personal and family matters of Hindus such as marriage, divorce, maintenance, adoption, minority and guardianship, rights of a member of joint family, pious obligation of sons for the debts of the father, alienation of family property, partition of joint family property and succession.

Source of Hindu Law
Custom or Usage is a very important source of Hindu Law.
Section 3 (a) of the Hindu Marriage Act 1955 defines this expression as:

“Custom or usage is a rule which has been continuously and uniformity observed for a long time among the Hindus in any local area, tribe, community, group of family. The rule should be certain, should not be unreasonable, should not be opposed to public policy and has not been discontinued by the family.

Legislation is the most important modern source of Hindu Law. Several enactments have been passed by the Parliament to regulate marriage, adoption, maintenance etc among Hindus. Hindu Marriage Act, 1955 ,The Hindu Succession Act 1956, the Hindu Minority and Guardianship Act, 1956 and the Hindu Adoption and Maintenance Act 1956 are examples of such legislations. The four enactments of 1955 and 1956 expressly mention the persons to whom they are applicable.  More details >>

Islamic /Muslim law

Muslim Law is applicable only to Muslims. A person one who believes that there is only one God and that Mohammed is his Prophet is a Muslim. Muslims consist of two sects namely Sunnis (governed by Sunni Law) and Shia (governed by Shia Law). There are some difference between these laws but the sources of these laws are one and same, namely the Holy Quaran, the Sunnat and the Ijma.

The Ouaran is the principal source of Muslim Law. Muslim personal law is founded on the divine revelations embodied in the Quaran. The Holy Quaran is the very word of God. Quaran contains a detailed code of conduct for the Muslims. Quaran is divided into 114 chapters and consists of about 6666 verses. About 200 verses of Quaran are concerned with legal principles and nearly about 80 verses are concerned with marriage ,dower, divorce and Inheritance.

Muslim Law has been further supplemented and modified by state legislation and modern judicial precedents of the High Courts and the Supreme court of India and also of the Privy Council. In India, Muslims also governed in their personal matters like marriage, dower etc., by the various legislations passed either by the Parliament or by State legislatures. Muslim law is governed according to the provisions of Muslim personal laws (Shariat) application act 1937.

Muslim law deals with matters such as marriage, dower, divorce, maintenance, guardianship, inheritance, will, gift etc. More details >>

Christian Law

Christian law, as a branch of personal law, is primarily applicable to the Christian community. In India the Christian law is governed by the provisions of Indian Christian marriage act 1872. the Indian divorce act 1869, and the concerts Marriage dissolution act 1936. Christian law deals with matters such as marriage, divorce, succession, adoption etc.... More details >>