Page 1 of 10
European Journal of Business &
Social Sciences
Available at https://ejbss.org/
ISSN: 2235-767X
Volume 06 Issue 04
April 2018
Available online: https://ejbss.org/ P a g e | 74
A Study on Muslim Women Protection of Rights on
Divorce Act, 1986 for the Protection of Women
against Discriminations
Sandeep Chauhan
LLB, MBA,NET
ABSTRACT
The Muslim Women Act is also known as Protection of Rights on Divorce
Act. This act was passed by Indian parliament in 1986 in order to preserve
the fundamental rights of Muslim women who have got divorce from their
husbands. This law is implemented in all the states of country except
Jammu and Kashmir. Magistrate doing exercise jurisdiction according to
Criminal Procedure Code, 1973 is given the authority of administrating
these kinds of cases. According to this act, the divorced woman is helped
financially by her former husband till another person marries her.
According to this act, if the husband of Muslim woman is died and she
may not marry another person then in that case, the magistrate has the
authority to pass an order that her relatives would pay for her
maintenance and these relatives inherit her property after her death
according to Muslim law. The current paper highlights the Muslim Women
Protection Act of 1986.
Page 2 of 10
European Journal of Business &
Social Sciences
Available at https://ejbss.org/
ISSN: 2235-767X
Volume 06 Issue 04
April 2018
Available online: https://ejbss.org/ P a g e | 75
KEYWORDS:
Muslim, Women, Divorce
INTRODUCTION
According to Islam, iddah is that period in which a Muslim woman is
observed after getting divorce from her husband or after the death of her
husband; during which she doesn’t marry other person. It is observed that
the duration of iddah varies depending on the current situation as it is
stated that the duration of iddah for a Muslim woman who has got divorce
from her husband is three months.
In the circumstances where the woman is pregnant then the period of
iddah continues until the child is born. In case where the husband of
Muslim woman is died; the duration of iddah is supposed to be four
months and ten days after her husband’s death.
The main objective of iddah is to make sure that the male parent of new
born child would be known. There is a perception of fair provision where a
good amount of money is entitled to a Muslim woman during her period of
iddat.
Also, there is a provision of Article 14 and 15 which are mentioned to
prevent any kind of discrimination in terms of gender and hold the surety
of preserving the fundamental rights of Muslim women. These kinds of
Page 3 of 10
European Journal of Business &
Social Sciences
Available at https://ejbss.org/
ISSN: 2235-767X
Volume 06 Issue 04
April 2018
Available online: https://ejbss.org/ P a g e | 76
laws and articles are very effective in order to protect the rights of Muslim
women.
According to Section 3(1)(a) of Muslim women Act, 1986; her former
husband has to entitle for fair provision and maintenance during the
period of iddah so that protection of her rights can be done. Also, it is
stated by the court that this limit of fair provision and maintenance is not
inadequate. This limit is extended until the divorced woman doesn’t marry
any other person.
This Divorce Act is related to Muslim women so that they have to face no
many problems after getting divorce from their husbands or after their
husband’s death. In the case where the husband of Muslim woman is died
and she has no relatives then her property is entitled to the Muslim Board
of Law.
According to this act, the liability of husband of paying the fair provision
and maintenance is limited to the duration of iddah only. After the
duration of iddah, the former husband can’t be forced to pay for the
maintenance irrespective of what the current situation of her divorced wife
is.
Despite the large number of positive court judgements in favour of
Muslim women in India, the media prefers to endorse the view that once
the husband pronounces talaq, the wife is stripped of all her rights.
Page 4 of 10
European Journal of Business &
Social Sciences
Available at https://ejbss.org/
ISSN: 2235-767X
Volume 06 Issue 04
April 2018
Available online: https://ejbss.org/ P a g e | 77
MUSLIM WOMEN PROTECTION OF RIGHTS ON DIVORCE ACT, 1986
In India, Muslims personal laws are governed by the Shariat Law. In
simpler terms, the Shariat Law is basically governed by the provisions of
The Quran, and the teachings of the Prophet Mohammad. It is usual for
Muslims in India to be governed by personal laws, as opposed to the
Indian laws, as the Constitution of India provides provisions for the Right
to Religion (Article 25 of the Constitution of India). However, unlike the
usual situation, where Constitutional Rights are given higher strata, in
comparison to ordinary laws, this principle fails to apply when it comes
to personal laws.
Muslim law allows Muslim men to have four marriages, along with the
right to divorce, under the concept of Talaq, whereby, the husband has
the authority to divorce by the utterance of the term ‘Talaq‘, without
judicial methods, and this may happen without her consent. The PIL filed
in this case addressed both these issues, along with some others.
The Muslim Women (Protection of Rights on Divorce) Act, 1986
(MWPRDA, 1986) seemed to overrule the Supreme Court’s decision in
Mohd. Ahmed Khan v. Shah Bano Begum.
Pursuant to a prima facie reading of the MWPRDA, 1986, a Muslim
husband was responsible to maintain his divorced wife only for the iddat
