Complete guide to Muslim personal law in India covering Nikah (marriage), Talaq (divorce), Khula, Mahr, inheritance, maintenance, and legal representation.
📞 +91 8240642015Nikah is a civil contract between bride and groom. Essential requirements: proposal (ijab) and acceptance (qabul) in same meeting, presence of two male witnesses (or one male and two females), payment of Mahr (dower) by husband to wife. Registration recommended though not mandatory.
Types: Talaq-e-Ahsan (single pronouncement followed by waiting period), Talaq-e-Hasan (three pronouncements over three months), Talaq-e-Biddat (triple talaq in one sitting — now invalid after Supreme Court 2017 judgment), Khula (divorce at wife's instance with husband's consent), Mubarat (mutual divorce). Talaq must be for reasonable cause and with mediation attempt.
Muslim inheritance governed by personal law (Shariat). Fixed shares prescribed for each heir — husband/wife, children, parents. Shares depend on who survives. Generally: husband 1/4 (1/2 if no children), wife 1/8 (1/4 if no children), children shares vary.
Mahr is mandatory dower payable by husband to wife. It is wife's exclusive property. Can be prompt (payable immediately) or deferred (payable at divorce or death). Amount mutually agreed.
No. The Supreme Court in Shayara Bano v. Union of India (2017) declared triple talaq (talaq-e-biddat) unconstitutional. Muslim Women (Protection of Rights on Marriage) Act 2019 makes it a criminal offence.
Talaq is divorce initiated by husband. Khula is divorce initiated by wife with husband's consent. In Khula, wife usually returns Mahr or foregoes financial rights.
Right to Mahr (if unpaid), maintenance during Iddat period (3 menstrual cycles), and maintenance beyond Iddat under Section 125 CrPC. The Muslim Women (Protection of Rights on Divorce) Act 1986 provides rights.
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