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Islamic Law in Africa by J. D. Anderson

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APPENDIX E

THE DISSOLUTION OF MUSLIM MARRIAGES ACT

(passed by the Indian Legislature in 1939)

In the “Statement of Objects and Reasons” it is emphasised that:

“There is no provision in the Ḥanafī Code of Muslim Law enabling a married Muslim woman to obtain a decree from the Courts dissolving her marriage in case the husband neglects to maintain her, makes her life miserable by deserting or persistently maltreating her or absconds leaving her unprovided for and under certain other circumstances. The absence of such a provision has entailed unspeakable misery to innumerable Muslim women in British India. The Ḥanafī Jurists, however, have clearly laid down that in cases in which the application of Ḥanafī Law causes hardship, it is permissible to ...

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