Essay On Family Law

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A woman’s individual identity is often questioned and compromised in South Asia. Family law in this region which ought to encompass areas of women’s rights also accommodates gender discrimination. The center of society is the family unit, yet woman, the main character, is often ignored in getting acknowledgement socially as well as legally. Family law here has provided ground for debate for feminists in search of laws with respect to gender. In South Asia, complex personal laws that cater to marriage, inheritance, divorce and custody are in practice and are influenced by cultural and religious traditions. Secular laws also exist that try to homogenize rights on the basis of citizens rather than religion or community. However, in the South Asian context, since community and family have always been a priority, existence of secular and religion-based laws has negatively affected women’s development and their legal protection. The South Asian judiciary, in the absence of legislation reflecting Ijma or consensus of Muslim community, has given a proactive interpretation to family law within the Islamic framework. It is interesting to see that the South Asian judiciary has proved that it is beneficial for entire societies to adapt to the need of a forward-looking Muslim society. Alamgir M. Serajuddin, in this book…show more content…
Child Marriage Restraint Act, 1929 (amended 1979), increased the age of marriage to18 for girls and 21 for boys. The impact has been marginal though, given that child marriage is largely a cultural and rural phenomenon and families marry off young children in order to save money. Secular law unfortunately has little impact when it comes to personal laws like the Muslim personal law that allows the marriage of minors to be contracted by guardians. The Christian Marriage Act permits the marriage of a minor provided a guardian has consented to

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