The Law of Muslim Marriage in India

Contributor:

Patra’s Law Chambers

Kolkata Office:

NICCO HOUSE, 6th Floor, 2, Hare Street, Kolkata-700001 (Near Calcutta High Court)

Delhi Office:

House no: 4455/5, First Floor, Ward No. XV, Gali Shahid Bhagat Singh, Main Bazar Road, Paharganj, New Delhi-110055

Website: www.patraslawchambers.com

Email: [email protected]

Phone: +91 890 222 4444 / +91 9044 04 9044

1. Introduction: The Juristic and Historical Tapestry of Muslim Marriage in India

The institution of marriage in Islam, known as Nikah, represents a unique convergence of contractual obligation, social necessity, and religious sacrament. In the Indian legal landscape, the administration of Muslim Personal Law is not a monolithic application of ancient texts but a dynamic interplay between the statutory mandates of the post-colonial state, the constitutional safeguards of fundamental rights, and the rich, often complex, heritage of classical Islamic jurisprudence (Fiqh). This report aims to provide an exhaustive analysis of the law of Muslim marriage in India, tracing its theoretical underpinnings from the Quran and Hadith to its modern adjudication in the Supreme Court of India and various High Courts as of late 2025.

The governance of Muslim marriage in India is primarily rooted in the Muslim Personal Law (Shariat) Application Act, 1937. Section 2 of this Act mandates that in matters regarding intestate succession, special property of females, marriage, dissolution of marriage, maintenance, dower, guardianship, gifts, trusts, and trust properties, the rule of decision in cases where the parties are Muslims shall be the Muslim Personal Law (Shariat).¹ However, the supremacy of Shariat in the personal sphere is increasingly being tested against secular statutes such as the Prohibition of Child Marriage Act (PCMA), 2006, the Protection of Children from Sexual Offences (POCSO) Act, 2012, and the emergent Uniform Civil Code (UCC) in states like Uttarakhand.²

To understand the current legal position, one must first dissect the fundamental nature of the Muslim matrimonial union, which has historically puzzled jurists who sought to classify it strictly as either a civil contract or a religious sacrament. The synthesis of these two concepts forms the bedrock of Muslim family law in India.

1.1 The Nature of Nikah: Between Civil Contract and Religious Sacrament

The definition of marriage in Muslim law has been the subject of extensive academic and judicial debate. Classical texts, such as the Hedaya, define Nikah primarily as a contract that has for its object the procreation and legalizing of children.¹ This contractual view was heavily emphasized by early British-Indian courts. Justice Mahmood, in his seminal observations, defined Muslim marriage as a “civil contract upon the completion of which by proposal and acceptance all the rights and obligations, which it creates, arise immediately and simultaneously”.¹ According to this view, marriage is not dependent on any condition precedent such as the payment of dower (Mahr), though dower is an essential incident of the contract.

This contractual perspective suggests that Muslim marriage shares many characteristics with a standard civil contract:

1. Offer and Acceptance: It requires a proposal (Ijab) from one party and an acceptance (Qubul) from the other.
2. Free Consent: The consent of the parties (or their guardians) must be free from coercion, fraud, or undue influence.
3. Consideration: The concept of Mahr (dower) acts as a form of consideration for the contract.
4. Dissolution: Unlike the traditional Hindu view of marriage as an indissoluble sacrament (Samskara), a Muslim marriage can be dissolved by the parties (divorce) or by the courts.
5. Stipulations: Parties are free to enter into ante-nuptial or post-nuptial agreements regulating their conduct, provided such agreements are not opposed to public policy or the core tenets of Islam.¹

However, reducing Nikah to a mere civil transaction is an oversimplification that ignores the spiritual dimension of the union. In the leading case of Anis Begum v. Muhammad Istafa (1933) 55 All 743, Chief Justice Sulaiman provided a nuanced corrective to the purely contractual theory. He observed that while the form of the marriage is contractual, the union itself is a religious sacrament. He cited the Prophet Muhammad, who described marriage as his “Sunnah” (tradition) and a form of Ibadat (devotional act) alongside being Muamalat (a dealing among men).¹

This dual nature has profound legal implications. Because it is a contract, the breach of its terms—such as the non-payment of prompt dower—gives rise to specific civil remedies like the right to refuse cohabitation. Because it is a sacrament, it imposes moral and religious duties that courts often translate into legal obligations, such as the requirement of equal treatment of wives in polygamous unions, a principle recently reinforced by the Kerala High Court in 2025.⁵ The recitation of Quranic verses during the ceremony and the presence of a Qazi (though not legally mandatory for validity) further underscore this sacred character.¹

2. Essentials of a Valid Marriage (Sahih Nikah)

For a marriage to be valid (Sahih) under Muslim law, it must satisfy specific essential conditions regarding capacity, formalities, and the absence of prohibitions. A valid marriage confers upon the wife the right to dower, maintenance, and residence, prohibits the husband from marrying her sister or four other women, establishes the legitimacy of children, and creates mutual rights of inheritance.¹

2.1 Capacity to Contract Marriage

The capacity to marry under Muslim law differs significantly from the general law of India, leading to one of the most contentious conflicts in contemporary family law.

2.1.1 Competence of Parties

Under the classical Shariat law, any Muslim who is of sound mind and has attained puberty (Bulugh) is competent to enter into a contract of marriage.¹

• Definition of Puberty: Puberty is a biological fact, but in the absence of specific evidence, it is legally presumed to be attained at the completion of the 15th year.¹
• Majority Act Exemption: The Indian Majority Act, 1875, which sets the age of majority at 18, explicitly exempts Muslims in matters of marriage, dower, and divorce.¹ Thus, a 15-year-old Muslim girl has traditionally been viewed as legally competent to consent to her own marriage.

2.1.2 The Conflict with the Prohibition of Child Marriage Act (PCMA), 2006

The coexistence of the Shariat Application Act, 1937, and the Prohibition of Child Marriage Act (PCMA), 2006, has created a legal schism. The PCMA defines a “child” as a male under 21 and a female under 18, and voids or makes voidable marriages involving children.

• The Traditional View: Courts, including the Punjab and Haryana High Court, have in various instances held that the PCMA does not override the specific provisions of Muslim Personal Law. Consequently, the marriage of a Muslim girl over 15 but under 18 has been held valid.
• The Modern Secular View (2024-2025): Recent judicial trends demonstrate a shift towards the supremacy of secular statutes protecting children. In 2024, the Kerala High Court categorically held that the PCMA supersedes Muslim Personal Law, stating that “every Indian is a citizen first, religion comes later”.⁷ Similarly, the Punjab & Haryana High Court in 2024 refused anticipatory bail to a man who married a 15-year-old, ruling that the POCSO Act’s age of consent (18) overrides personal law validities.⁸

2.1.3 Supreme Court Developments (August 2025)

The conflict reached the Supreme Court in August 2025, when the National Commission for Protection of Child Rights (NCPCR) challenged a Punjab and Haryana High Court order that had protected a minor Muslim couple’s marriage.

• The Dismissal: The Supreme Court bench, led by Justice B.V. Nagarathna, dismissed the NCPCR’s petition. However, crucially, this dismissal was based on the locus standi of the NCPCR to intervene in that specific protection petition, rather than a substantive ruling on the law.⁹
• Implications: The Court remarked, “If the High Court extends protection to two minors, it is strange that the NCPCR should contest it”.⁹ While this specific challenge failed, the Supreme Court explicitly clarified that the larger question of law—whether Muslim Personal Law overrides the PCMA—remains open for determination in an appropriate case.¹⁰ Thus, while the “option of puberty” remains a theoretical right under personal law, its practical exercise is increasingly perilous due to the rigorous enforcement of POCSO and PCMA.

2.2 Formalities of the Marriage Contract

Unlike Hindu law, which requires the performance of specific rites (Saptapadi), Muslim law emphasizes the contractual formation of the relationship.

2.2.1 Proposal and Acceptance (Ijab-o-Qubul)

The essence of the contract is the mutual consent of the parties, expressed through a proposal and an acceptance.

• Simultaneity: The proposal and acceptance must occur at the same meeting (Majlis). If a proposal is made at one session and accepted at another, it is invalid.¹
• Clarity: The words used must clearly convey the intention to establish a matrimonial bond immediately. No specific formula is mandated, but the intention must be unequivocal.¹
• Remote Marriage: The uploaded research material highlights that a long-distance marriage via telephone (speakerphone) is valid, provided the witnesses are present at the end where the acceptance is made and can hear the proposal clearly.¹ This adaptation allows the law to remain relevant in a globalized society while preserving the requirement of witnesses.

2.2.2 Witnesses

The requirement for witnesses highlights a divergence between the Sunni and Shia schools:

• Sunni Law: A marriage must be contracted in the presence of at least two male witnesses, or one male and two female witnesses. The witnesses must be sane, adult Muslims. A marriage without witnesses is Irregular (Fasid), not void.¹
• Shia Law: Witnesses are not required for the validity of the marriage contract itself. However, they are strictly required for the dissolution of marriage (Talaq).¹

2.3 Absence of Religious Ceremony

It is a settled principle that no religious ceremony is legally essential for a Muslim marriage. While it is customary for a Mulla or Qazi to recite the Nikah khutbah and Quranic verses, the legal validity rests solely on the civil contract of offer and acceptance. However, the Nikah-nama (marriage deed) serves as crucial evidentiary proof and a vehicle for the wife to secure stipulations (e.g., delegated right of divorce or Talaq-e-Tafweez).¹

3. Prohibitions and Bars to Marriage

Even with capacity and consent, a marriage may be invalid if it violates certain prohibitions. These prohibitions are classified based on their permanence and the severity of the legal consequences.

3.1 Absolute Prohibitions (Void Marriage / Batil)

A marriage contracted in violation of absolute bars is void ab initio. It creates no rights or obligations, and the children are illegitimate.

1. Consanguinity (Nasab): A man is prohibited from marrying his mother/grandmother, daughter/granddaughter, sister (full/half/uterine), niece, or aunt.¹
2. Affinity (Musaharat): A man cannot marry his wife’s mother or grandmother. He also cannot marry his wife’s daughter or granddaughter if his marriage with the wife was consummated. Further, he is prohibited from marrying the wife of his son or the wife of his father.¹
3. Fosterage (Riza): Relationships established through breastfeeding generally create the same prohibitions as consanguinity, with few specific exceptions (e.g., a man may marry his sister’s foster mother).¹
4. Polyandry: A marriage to a woman who already has a living husband is strictly void.

3.2 Relative Prohibitions (Irregular Marriage / Fasid)

In Sunni law, some prohibitions render a marriage merely irregular (Fasid) rather than void. These defects can often be cured.

1. Unlawful Conjunction: A man cannot have two wives at the same time if they are so related to each other that, if one were a male, they could not have lawfully married (e.g., two sisters, or an aunt and her niece).¹
2. Fifth Wife: A man is permitted up to four wives. A marriage to a fifth wife is irregular, not void. It can be validated if he divorces one of the existing four.¹
3. Absence of Witnesses: As noted, this makes the marriage irregular under Sunni law.
4. Difference of Religion: A Sunni male may validly marry a Kitabia (Christian or Jew). However, marriage to an idolatress or fire-worshipper is irregular. A Sunni female, however, cannot marry a non-Muslim; such a marriage is generally considered irregular (per Mulla) or void (per Fyzee).¹

Legal Effects of Irregular Marriage:

• Before Consummation: No legal effect.
• After Consummation: The wife is entitled to dower (proper or specified, whichever is less). Children are legitimate and inherit. However, the couple does not inherit from each other, and they are obliged to separate.¹

Shia Law Distinction: Shia law does not recognize the category of “Irregular” marriage. A marriage is either Valid or Void. For example, a marriage without witnesses is valid in Shia law, but a marriage to a fifth wife or a non-Kitabia might be treated as void or strictly temporary (Muta) depending on the interpretation.¹

4. Muta Marriage: The Temporary Union

One of the most distinctive features of Shia (Ithna Ashari) law is the recognition of Muta (temporary) marriage. Sunni law strictly prohibits Muta, viewing it as devoid of the permanence required for a valid union.

4.1 Essentials and Validity

For a Muta marriage to be valid:

1. Fixed Period: The duration of the marriage must be fixed (a day, a month, a year, etc.). If no term is fixed, the marriage may be construed as permanent.¹
2. Fixed Dower: The dower must be specified. If the term is fixed but dower is not, the contract is void.¹

4.2 Legal Incidents of Muta

The rights arising from Muta differ significantly from a permanent Nikah:

• Inheritance: There are no mutual rights of inheritance between the husband and wife unless expressly stipulated in the contract. However, children born of a Muta marriage are fully legitimate and entitled to inherit from both parents.¹²
• Maintenance: The wife is generally not entitled to maintenance under personal law, though she may claim it under the secular Section 125 CrPC (now BNSS).
• Termination: The marriage dissolves automatically upon the expiry of the term. There is no right of divorce (Talaq). However, the husband can terminate the union early by making a “Gift of the Term” (Hiba-i-Muddat) to the wife.¹

4.3 Judicial Interpretation: Shohrat Singh v. Jafri Bibi (1914)

The legitimacy of children in Muta marriages was solidified by the Privy Council in Shohrat Singh v. Jafri Bibi. The Court held that where cohabitation is established and there is evidence of a Muta contract, the children are legitimate. The case clarified that even if the marriage is temporary, the legitimacy it confers is permanent and absolute.¹¹

5. Dower (Mahr): Rights, Remedies, and Judicial Evolution

Dower (Mahr) is a sum of money or property that the wife is entitled to receive from the husband in consideration of the marriage. It is a debt of honor and a legal safeguard for the wife.

5.1 Classification of Dower

1. Specified Dower (Mahr-i-Musamma): The amount fixed by the parties.
   • Prompt (Mu’ajjal): Payable immediately on demand.
   • Deferred (Mu’wajjal): Payable on dissolution of marriage by death or divorce.¹
2. Customary Dower (Mahr-i-Misl): If no dower is fixed, the wife is entitled to the amount customary for women of her status in her father’s family.¹

5.2 Rights and Remedies: The Widow’s Right of Retention

The enforcement of dower has generated significant case law, particularly regarding a widow’s right to retain her husband’s property until her dower debt is satisfied.

5.2.1 Hamira Bibi v. Zubaida Bibi (1916): Interest on Dower

In this landmark Privy Council judgment, the issue was whether a widow in possession of her husband’s estate could claim interest on her unpaid dower, given the Islamic prohibition on usury (Riba). The Privy Council ruled in favor of equity, holding that a widow is entitled to reasonable compensation (interest) for the forbearance of her dues. This established that dower is a debt analogous to other civil debts.¹³

5.2.2 Maina Bibi v. Chaudhri Vakil Ahmad (1925): Nature of Retention

The Privy Council clarified the nature of the “Right of Retention.”

• Possession: A widow lawfully in possession of her husband’s estate can retain it until her dower is paid.
• Not Title: This right is a shield, not a sword. It does not give her title to the property. She cannot alienate (sell or gift) the property.
• Loss of Right: If she gives up possession or alienates the property, she loses the right of retention.¹⁵
• Heritability: While Maina Bibi left the question of heritability open, subsequent High Court judgments (e.g., Mysore, Allahabad) have held that the right of retention is heritable. If the widow dies, her heirs can step into her shoes and retain possession until the dower debt is satisfied.¹⁸

5.2.3 Kapoor Chand v. Kadar Unnisa Begum (1953): Priority of Debt

The Supreme Court of India addressed whether dower takes precedence over other debts. The Court held that dower is a simple unsecured debt. The widow does not have priority over other unsecured creditors unless she has a specific charge created on the property. Her possession allows her to retain the property, but it does not make her a secured creditor in the administration of the estate.²⁰

6. Restitution of Conjugal Rights: Constitutional Challenges

The remedy of Restitution of Conjugal Rights (RCR) allows a spouse to seek a court order compelling the other to cohabit. While deeply rooted in traditional laws (both Hindu and Muslim), its constitutionality is currently under siege.

6.1 Traditional Position

In Anis Begum v. Muhammad Istafa (1933), the court held that a husband has a right to restitution of conjugal rights, but this is not absolute. The court can refuse the decree if the husband has failed to pay prompt dower or has been cruel. This established the principle that RCR is equitable and discretionary.⁴

6.2 The Constitutional Challenge: Ojaswa Pathak v. Union of India

A major constitutional challenge (Ojaswa Pathak) is pending before the Supreme Court as of 2025. The petitioners argue that RCR provisions violate:

• Article 21: The right to privacy and bodily autonomy, as recognized in the Puttaswamy Forcing a person to cohabit against their will is argued to be a state-sanctioned violation of privacy.
• Article 14: Though gender-neutral in text, RCR is argued to be disproportionately burdensome on women.
  If the Supreme Court strikes down RCR, it will fundamentally alter matrimonial litigation in India, rendering the traditional remedy in Muslim law unenforceable.24

7. Polygamy and the Evolving Rights of the First Wife

Polygyny (a man having up to four wives) is permitted under traditional Muslim law but is subject to the Quranic condition of equal treatment. In 2025, the Indian judiciary took significant steps to enforce this condition through procedural safeguards.

7.1 The Kerala High Court Judgment (2025): Saidalavi N.

In the case of Saidalavi N. (and the related Muhammad Shareef C. v. State of Kerala), the Kerala High Court delivered a transformative ruling.

• Facts: A Muslim man sought to register a second marriage under the Kerala Registration of Marriages Rules.
• The Ruling: Justice P.V. Kunhikrishnan held that a Muslim man’s second marriage cannot be registered without giving notice and an opportunity of hearing to the first wife.
• Rationale: The Court observed that “a Muslim first wife cannot be a silent spectator to the registration of the second marriage of her husband.” The Court invoked the Quranic mandate of justice and constitutional principles of equality.
• Effect: If the first wife objects, the Registrar must refuse registration and refer the parties to a civil court to determine the validity of the marriage. This effectively ends the practice of secret polygamous marriages gaining state recognition without the first wife’s knowledge.⁵

8. Divorce (Talaq) and Constitutional Morality

The law of divorce has seen the most radical changes in the last decade.

8.1 Triple Talaq (Talaq-e-Biddat)

The practice of instant triple talaq was declared unconstitutional by the Supreme Court in Shayara Bano v. Union of India (2017). The Court held (by a 3:2 majority) that the practice was “manifestly arbitrary” and violative of Article 14. This was subsequently criminalized by the Muslim Women (Protection of Rights on Marriage) Act, 2019.²⁵

8.2 Talaq-e-Hasan: The 2025 Scrutiny

Talaq-e-Hasan involves three pronouncements made over three consecutive months (periods of purity), allowing for reconciliation in between.

• Supreme Court Intervention (Nov 2025): The Supreme Court has recently deprecated the practice of lawyers and third parties sending Talaq-e-Hasan notices on behalf of husbands. The Court questioned whether such unilateral extra-judicial divorce, even if extended over time, is compatible with modern constitutional values.
• Constitution Bench Referral: In November 2025, the Court indicated it might refer the challenge to the validity of Talaq-e-Hasan to a larger Constitution Bench. This suggests a judicial inclination towards abolishing all forms of unilateral extra-judicial divorce in favor of judicial dissolution.²⁷

8.3 Dissolution by Wife (Talaq-e-Tafweez & Khula)

• Talaq-e-Tafweez: A wife can divorce her husband if the power to do so was delegated to her in the Nikah-nama. This is a potent tool for women’s agency.
• Khula: A divorce initiated by the wife, usually involving the return of dower. Recent judicial trends have simplified Khula, recognizing it as an absolute right of the wife akin to the husband’s Talaq, subject to the return of consideration.

9. The Uttarakhand Uniform Civil Code (UCC) 2025

The state of Uttarakhand implemented a Uniform Civil Code in January 2025, becoming the first state in independent India to override personal laws with a common secular code. This serves as a potential blueprint for national legislation.

9.1 Key Provisions Affecting Muslims

The Uttarakhand UCC drastically alters the landscape of Muslim marriage within the state:

• Polygamy Banned: The Code strictly enforces monogamy. Polygamy is criminalized.
• Uniform Age of Marriage: The age of marriage is set at 18 for women and 21 for men, nullifying the “option of puberty” under personal law.
• Mandatory Registration: All marriages and live-in relationships must be registered. Failure to register live-in relationships attracts penal consequences.
• Abolition of Halala: The practice of Nikah Halala (intermediary marriage to remarry a divorced spouse) is banned and criminalized.
• Succession: The Code introduces equal inheritance rights for sons and daughters, overriding the Quranic share system where a daughter typically receives half the share of a son.³

The implementation of this Code creates a dual legal reality in India: Muslims in Uttarakhand are governed by secular family law, while Muslims in other states continue to be governed by the Shariat Act (subject to court interventions).

10. Conclusion

The law of Muslim marriage in India is currently navigating a period of profound transformation. The traditional “black letter” law—characterized by the contractual nature of marriage, the permissibility of polygamy, and the validity of puberty-age marriage—is being steadily eroded by three forces:

1. Judicial Activism: Courts are reading constitutional guarantees of equality and dignity into personal law, as seen in the Saidalavi N. and Shayara Bano
2. Child Protection Statutes: The PCMA and POCSO Acts are increasingly being interpreted to override personal law age limits, effectively raising the marriage age to 18.
3. Legislative Reform: The Uttarakhand UCC represents a direct legislative displacement of personal law with a secular code.

For the legal practitioner, advising on Muslim marriage now requires looking beyond the Fatawa Alamgiri. One must consider the criminal implications of marrying a minor under POCSO, the procedural requirements of notice for a second marriage (in Kerala), the constitutional validity of divorce forms, and the jurisdiction-specific rules of the UCC. The trajectory is clear: the Indian legal system is moving towards a model where the sacrament of marriage may remain religious, but the law of marriage is increasingly secular, uniform, and rights-based.

Table 1: Comparison of Sunni and Shia Law of Marriage

Feature	Sunni Law	Shia Law
Witnesses	Required (2 male or 1 male + 2 female). Absence makes marriage Irregular.	Not required for marriage contract. Required for Divorce (Talaq).
Muta Marriage	Void and Prohibited.	Valid and Recognized (Ithna Ashari school).
Guardianship	List includes father, grandfather, brother, mother, etc.	Only Father and Paternal Grandfather.
Classification	Valid (Sahih), Void (Batil), Irregular (Fasid).	Valid (Sahih) or Void (Batil). No Irregular category.
Religion	Male can marry Kitabia. Female cannot marry non-Muslim.	Male can marry Kitabia only in Muta (permanent is disputed). Female cannot.
Unlawful Conjunction	Cannot marry wife’s niece/aunt without wife’s consent (Irregular).	Can marry wife’s aunt/niece with wife’s consent.

Table 2: Key Differences: Muslim Personal Law vs. Uttarakhand UCC 2025

Subject	Muslim Personal Law (Shariat)	Uttarakhand UCC 2025
Marriage Age	Puberty (Presumed 15)	Women: 18
Polygamy	Permitted (up to 4 wives)	Banned (Monogamy only)
Divorce	Extra-judicial (Talaq) allowed	Only Judicial Divorce recognized
Halala	Practiced	Banned & Criminalized
Inheritance	Unequal shares (Male = 2x Female)	Equal shares for Son and Daughter
Live-in	Not recognized	Mandatory Registration

Report by:

Patra’s Law Chambers

Experts in Civil, Criminal, and Personal Law Litigation

Kolkata: NICCO HOUSE, 6th Floor, 2, Hare Street, Kolkata-700001

Delhi: House no: 4455/5, Paharganj, New Delhi-110055

Contact: +91 890 222 4444 | [email protected]

Works cited

1. MUSLIM LAW pages 3 – 16.pdf
2. Uniform Civil Code- Promise of Equality, Challenge of Pluralism – Drishti IAS, accessed on December 26, 2025, https://www.drishtiias.com/daily-updates/daily-news-editorials/uniform-civil-code-promise-of-equality-challenge-of-pluralism
3. Uniform Civil Code will be implemented in Uttarakhand from January 2025: CM Dhami, accessed on December 26, 2025, https://timesofindia.indiatimes.com/india/uniform-civil-code-will-be-implemented-in-uttarakhand-from-january-2025-cm-dhami/articleshow/116434828.cms
4. docx, accessed on December 26, 2025, https://www.iilsindia.com/study-material/449111_1628785569.docx
5. First wife to be heard before registration of Muslim man’s second marriage: Kerala HC, accessed on December 26, 2025, https://www.scconline.com/blog/post/2025/11/07/first-wife-to-be-heard-before-registration-of-muslim-man-second-marriage-ker-hc/
6. Muslim Man’s Second Marriage Cannot Be Registered Without Hearing First Wife: Kerala High Court – Legal Bites, accessed on December 26, 2025, https://www.legalbites.in/muslim-law/muslim-mans-second-marriage-cannot-be-registered-without-hearing-first-wife-kerala-high-court-1208956
7. Prohibition of Child Marriage Act will supersede Muslim Personal …, accessed on December 26, 2025, https://www.scconline.com/blog/post/2024/08/03/provisions-of-prohibition-of-child-marriage-act-will-supersede-muslim-personal-law-kerala-hc-scc-times/
8. POCSO Act will prevail over Muslim law: HC Denies Relief to Man, accessed on December 26, 2025, https://childsafetyatwork.org/pocso-act-prevails-over-muslim-law-hc-denies-relief-to-man-who-married-minor/
9. SC dismisses NCPCR challenge to HC order upholding validity of minor Muslim girl’s marriage under personal law – The Hindu, accessed on December 26, 2025, https://www.thehindu.com/news/national/supreme-court-dismisses-ncpcr-challenge-to-hc-order-upholding-validity-of-minor-muslim-girls-marriage-under-personal-law/article69950532.ece
10. Supreme Court dismisses NCPCR’s plea against High Court decision that a Muslim girl can marry after attaining puberty – The Leaflet, accessed on December 26, 2025, https://theleaflet.in/leaflet-reports/supreme-court-dismisses-ncpcrs-plea-against-high-court-decision-that-a-muslim-girl-can-marry-after-attaining-puberty
11. What is Muta Marriage? – Legal Wires, accessed on December 26, 2025, https://legal-wires.com/lex-o-pedia/untitled-14/
12. Shoharat Singh v. Musammat Jafri Bibi | Bombay High Court | Judgment | Law – CaseMine, accessed on December 26, 2025, https://www.casemine.com/judgement/in/56b48ed3607dba348fff6642
13. Hamira Bibi v. Zubaida Bibi | Allahabad High Court | Judgment | Law – CaseMine, accessed on December 26, 2025, https://www.casemine.com/judgement/in/56e10cf2607dba38966137f2
14. A critical analysis of dower (mahr) in theory and practice in British India through court records from 1800 to 1939 – AUC Knowledge Fountain – The American University in Cairo, accessed on December 26, 2025, https://fount.aucegypt.edu/cgi/viewcontent.cgi?article=2498&context=etds
15. MAINA BIBI vs CHAUDHRI VAKIL AHMAD – 1924 Supreme(SC) 78, accessed on December 26, 2025, https://supremetoday.ai/doc/judgement/00100044998
16. Privy Council Establishes Widow’s Right to Possess Property Until Dower-Deed is Satisfied in Mt. Maina Bibi v. Chaudhri Vakil Ahmad – CaseMine, accessed on December 26, 2025, https://www.casemine.com/commentary/in/privy-council-establishes-widow’s-right-to-possess-property-until-dower-deed-is-satisfied-in-mt.-maina-bibi-v.-chaudhri-vakil-ahmad/view
17. Maina Bibi v. Wasi Ahmad | Allahabad High Court | Judgment | Law – CaseMine, accessed on December 26, 2025, https://www.casemine.com/judgement/in/56b49289607dba348f000baf
18. Muslim women’s right to lien the property of deceased husband in lieu of dower in light of Privy Council’s decision – International Journal of Law, accessed on December 26, 2025, https://www.lawjournals.org/assets/archives/2020/vol6issue6/6-6-31-314.pdf
19. Maina Bibi v Chaudhary Vakil Ahmed Case Analysis | LJ – The Lawyers & Jurists, accessed on December 26, 2025, https://www.lawyersnjurists.com/article/widows-right-to-hold-possession-of-her-husbands-property-on-non-payment-of-dower-is-heritable-transferable-critically-analyse/
20. Priority of Widow’s Dower Claims Over Unsecured Creditors Clarified in Kapore Chand v. Kadar Unnisa Begum And Others – CaseMine, accessed on December 26, 2025, https://www.casemine.com/commentary/in/priority-of-widow’s-dower-claims-over-unsecured-creditors-clarified-in-kapore-chand-v.-kadar-unnisa-begum-and-others/view
21. Kapore Chand v. Kadar Unnisa Begum And Others . | Supreme Court Of India – CaseMine, accessed on December 26, 2025, https://www.casemine.com/judgement/in/5609aae8e4b014971140b322
22. [In The Supreme Court Of India … vs Kadar Unnisa Begum And Others on 12 October, 1950, accessed on December 26, 2025, https://indiankanoon.org/doc/76789/
23. Muslim Law | PDF | Marriage | Husband – Scribd, accessed on December 26, 2025, https://www.scribd.com/presentation/897054407/Muslim-Law-Ppt
24. Challenge to Restitution of Conjugal Rights – Supreme Court Observer, accessed on December 26, 2025, https://www.scobserver.in/cases/ojaswa-pathak-union-of-india-challenge-to-restitution-of-conjugal-rights-case-background/
25. Shayara Bano v. Union of India: The Case That Transformed Muslim Women’s Rights in India – Vintage Legal, accessed on December 26, 2025, https://www.vintagelegalvl.com/post/shayara-bano-v-union-of-india-the-case-that-transformed-muslim-women-s-rights-in-india
26. The Shayara Bano Case: A Spuriously Impactful Judgement – Juris Centre, accessed on December 26, 2025, https://juriscentre.com/2024/07/31/the-shayara-bano-case-a-spuriously-impactful-judgement/
27. Talaq, Once Again In Focus: Supreme Court Questions Legality And Social Impact Of Talaq-e-Hasan | Asad Mirza, New Age Islam, accessed on December 26, 2025, https://www.newageislam.com/islamic-ideology/asad-mirza-new-age-islam/talaq-once-again-focus-supreme-court-questions-legality-social-impact-talaq-e-hasan/d/137756
28. Supreme Court deprecates practice adopted under Talaq-e-Hasan – The Hindu, accessed on December 26, 2025, https://www.thehindu.com/news/national/supreme-court-deprecates-practice-adopted-under-talaq-e-hasan/article70301848.ece
29. UCC in Uttarakhand from today: Impact on marriage, divorce, succession, ‘halala’, accessed on December 26, 2025, https://www.indiatoday.in/india/story/uniform-civil-code-in-uttarakhand-impact-on-marriage-divorce-succession-halala-2670666-2025-01-27