BOOK REVIEW: Traditional and Modern forms of Talaq under Muslim Law

BOOK REVIEW: Traditional and Modern forms of Talaq under Muslim Law

This Review is about the recently published book ‘Traditional and Modern forms of Talaq under Muslim Law’ authored by Kuber Mahajan.

Recently the Muslim Law in India has undergone various changes one of them is ‘triple talaq’ and therefore it is necessary to update with these changes.

‘Traditional and Modern forms of Talaq under Muslim Law’ is the first ever book which covers and explains each and every provision regarding:

  • The Muslim Women (Protection of Rights on Marriage) Bill, 2017′,

  • Amendment provisions regarding ‘The Muslim Women (Protection of Rights on Marriage) Bill, 2017′,

  • ‘The Muslim Women (Protection of Rights on Marriage) Ordinance, 2018’ and

  • ‘The Muslim Women (Protection of Rights on Marriage) Bill, 2018’; all together.

It also covers the different forms of talaq under Muslim Law practised not only in India but also in abroad including countries like Pakistan, Bangladesh, Sri Lanka, Maldives, Afghanistan, Nepal, Bhutan, Myanmar and China.

The book also includes wide research which would be helpful for legal practitioners, academicians, scholars and students for getting an in depth knowledge about the ancient as well as modern forms of Talaq under Muslim Law.

It further aims to provide a detailed view on the present position of Talaq Laws under Muslim Law in India in the light of the judgment of the Hon’ble Supreme Court of India in Shayara Bano v. Union of India and Ors. [(2017) 9 SCC 1] (popularly known as the ‘Triple Talaq Case’) dated 22nd August, 2017.

It covers various statutes including The Muslim Personal (Shariat) Application Act, 1937, Dissolution of Marriage Act, 1939 and explains the other forms of talaq classified into ‘Classical Law’ and ‘Statutory Law’. Where the former includes, (i) Divorce by act of parties (Talaq-ul-sunnat (Ahsan and Hasan), Talaq-ul-biddat (triple talaq), Ila, Zihar, Khyar-ul-bulugh and Talaq-e-tafweez); (ii) Divorce by Mutual Consent (Khula and Mubarat); (iii) Divorce by Judicial Decree (Lian and Faskh). Whereas, the latter includes the Dissolution of Muslim Marriage Act, 1939, Restitution of Conjugal Rights and Muta Marriage.

The book covers a neutral aspect of the subject by simply focusing on what the law says and by not inculcating into the thoughts, ideologies or the perspectives of any side of the parties.

It contains various precedents including the recent judgments by the Supreme Court and the High Courts in regards to not only talaq but also the Shahid Azad v. Union of India judgment which challenged the first ordinance known as ‘The Muslim Women (Protection of Rights on Marriage) Ordinance, 2018′.

It is a student friendly book. Various segments of the book have been explained by giving examples and illustrations. Also, for a better understanding the use of diagrams and flow charts has been done. Furthermore the differences on the basis/grounds have been shown for a clear and a better understanding.

This book is being promoted by various faculties of law in their respective institutions.In a short span of time this book has been used in various universities for providing lectures on the complexity of the issues and clearing the confusions that may have been arisen.

The book has been recognized and appreciated by various members of the legal fraternity including Retired Judges, Authors, Scholars, Senior Advocates etc. namely:

Hon’ble (Retd.) Mr. Justice Bhanwar Singh, High Court of judicature at Allahabad.

Hon’ble (Retd.) Mr. Justice P. Narayana, High Court of judicature at Andhra Pradesh.

Dr. Naresh Kumar Bahl, Former District and Sessions Judge, U.P. Judicial Service.

Dr. Pavan Duggalod, author of ‘Muslim Law in India and Abroad’, referred by the Hon’ble Supreme Court of India in Shayara Bano v. Union of India.

Dr. Pavan Duggal, expert and author in Cyber Law and E-commerce laws.

Dr. Manoj Kumar Sinha, Director at Indian Law Institute.

Dr. Nuzhat Parveen Khan, Dean at Faculty of Law Jamia Milia Islamia.

Mr. Atul Sharma, Managing Partner at Link Legal India Law Services.

Mr. Manoj Goel, arguing counsel in Shayara Bano v. Union of India case.

Mr. Wajeeh Shafiq, arguing counsel in Shayara Bano v. Union of India case.

This book has also been recognized and accepted to be kept in the libraries of the prestigious Indian Law Institute and Delhi Metropolitan Education. A lot of warmth of the readers has also been received on social platforms.

The book is also available at various stores including Amazon India online store (https://www.amazon.in).