Description
Taxmann Muslim Laws – Bare Act with Section Notes by Taxmann's Editorial Board
Muslim Laws [Bare Act with Section Notes] by Taxmann is a definitive, all-in-one, bare-act compilation and annotated commentary that brings together the essential legal provisions governing various aspects of Muslim personal law in India. This authoritative volume provides the complete texts—and detailed section-wise notes—of the nation's foundational Muslim law statutes and their associated rules, including:
Muslim Women (Protection of Rights on Divorce) Act 1986 – Act No. 25 of 1986
Dissolution of Muslim Marriages Act 1939 – Act No. 8 of 1939
Muslim Personal Law (Shariat) Application Act 1937 – Act No. 26 of 1937
Cutchi Memons Act 1938 – Act No. 10 of 1938
Kazis Act 1880 – Act No. 12 of 1880
Mussalman Wakf Act 1923 – Act No. 42 of 1923
Muslim Women (Protection of Rights on Marriage) Act 2019 – Act No. 20 of 2019
Muslim Women (Protection of Rights on Divorce) Rules 1986
By compiling these laws into a single, meticulously annotated resource, Muslim Laws offers a clear understanding of the legislative intent, scope, and operational mechanics of India's framework dealing with marriage, divorce, maintenance, wakf (charitable endowments), kazis, and related personal-law matters.
This book is intended for the following audience:
Legal Practitioners & Advocates – Specialists in personal law, family law, or litigation seeking a thorough understanding of statutory provisions, judicial interpretations, and procedural aspects
Judges & Judicial Officers – Judicial entities who require consolidated statutory references, commentaries, and up-to-date provisions on Muslim personal laws
Academics, Researchers, & Students – Individuals studying Muslim personal law or preparing for examinations in need of a comprehensive resource covering all major aspects of the field
NGOs & Social Welfare Organisations – Those providing legal assistance or counselling to minority communities, ensuring clarity on rights, obligations, and relief measures available under the law
Regulatory Authorities & Government Officials – Personnel responsible for overseeing the implementation of personal-law provisions, especially in areas of marriage registration, maintenance enforcement, and property management under wakfs
Mediators & Counselors – Professionals involved in dispute resolution who require a consolidated view of the legislative framework to guide settlements or reconciliations in personal-law matters
The Present Publication is the 2025 Edition, covering the amended and updated text of the Muslim Laws, with the following noteworthy features:
[Complete Bare Act Texts] Presents the entire, verbatim text of the key statutes—including the Muslim Women (Protection of Rights on Divorce) Act 1986, Dissolution of Muslim Marriages Act 1939, and others
[Pre-amendment Provisions] Incorporates, wherever relevant, the text of provisions as they existed prior to recent amendments (e.g., references to the Code of Criminal Procedure, 1973, before its new updates), enabling readers to understand the legal position before the amendment and assess any transitional implications
[Comprehensive Rule Coverage] Includes the associated Muslim Women (Protection of Rights on Divorce) Rules 1986 to provide a complete perspective on procedural and documentary requirements
[Section-wise Notes & Explanatory Commentary] Each section is supplemented with concise yet practical notes that explain legislative intent, cross-reference relevant provisions (e.g., Shariat Act vis-à-vis local customs), and summarise key judicial interpretations
[Detailed Schedules & Amendments] Reproduces all schedules and amendments relevant to each law (including references to other pertinent statutes like the Bharatiya Nagarik Suraksha Sanhita for criminal procedure), with clear annotations on their applicability
[Practical Forms & Templates] Provides forms from the 1986 Rules—for affidavits, declarations, maintenance applications, etc.—making compliance with procedural norms straightforward for both litigants and practitioners
[User-friendly Navigation] Organised with a detailed table of contents and a comprehensive subject index, facilitating quick referencing and cross-checking of provisions
The structure of the book is as follows:
Part I | Divorce & Related Provisions – Muslim Women (Protection of Rights on Divorce) Act 1986 & Rules 1986
Provides the complete text and notes on maintenance, iddat period, mehar/dower, Magistrate's powers, etc.
Includes sample forms (e.g., affidavit under Section 5) and commentary on enforcement, penalties, and transitional clauses
Part II | Dissolution of Muslim Marriages – Dissolution of Muslim Marriages Act 1939
Detailed annotations on grounds for divorce (cruelty, desertion, failure to maintain), procedural requirements, and case-law insights
Part III | Applicability of Muslim Personal Law (Shariat) – Muslim Personal Law (Shariat) Application Act 1937
Comprehensive notes on the overriding effect of Shariat on customs, covering marriage, succession, dower, and more
Part IV | Cutchi Memons, Kazis, & Wakfs
Cutchi Memons Act 1938
Explains how Cutchi Memons are governed by Muslim law regarding inheritance and succession
Kazis Act 1880
Outlines the appointment of Kazis, clarifies that no judicial/administrative powers are conferred, and cross-references relevant constitutional provisions
Mussalman Wakf Act 1923
Provides a framework for the creation, management, and oversight of wakf properties
Incorporates statements of accounts, audits, penal clauses, and relevant judgments
Part V | Protection of Rights on Marriage – Muslim Women (Protection of Rights on Marriage) Act 2019
Addresses the law on triple talaq (talaq-e-biddat), its illegality, penalties, bail provisions, and the entitlement to subsistence allowance and child custody
Supplementary Sections
Prescribed Forms & Templates – Provides all statutory forms, from maintenance petitions to declarations
Schedules & Amendments – Reproduces schedules from various amendments, with annotations explaining their interplay
Subject Index – A comprehensive index ensuring quick referencing of critical provisions, relevant case laws, definitions, and forms