Indian Family Law

TitleIndian Family Law
Publication TypeCase Study
Year of Publication2012
AuthorsFunke, RD, Boxall, SF, Funke, MB, Myers, GA, Potthast, A
Corporate AuthorsAssociation for Practical and Professional Ethics,
Pagination1 p.
Date Published09/2012
PublisherAssociation for Practical and Professional Ethics
KeywordsLaw , Legal Ethics
AbstractArticle 44 of the Indian Constitution requires a uniform civil code throughout India, but at present much of Indian civil law is based on traditional case law. A key element of Indian civil law includes the separation of some elements of personal or family law (marriage, divorce, child custody, inheritance, alimony, etc.) into three separate streams of jurisprudence: Hindu, Muslim, and Christian. The effect of this tradition is that Hindus, Muslims and Christians are each governed by a distinct set of legal rules with respect to civil family institutions, though they share a criminal code which also affects family life. For decades, women and women's groups in India and abroad have objected to the use of traditional religious laws such as Sharia and Dharmasastra. Under Sharia law, for instance, Muslim women have been denied divorce and child custody due to gender norms within traditional Islam.
NotesCase from the 2012 Regional Ethics Bowl. Copyright, Association for Practical and Professional Ethics.
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