Posco act overide Muslim personal law

Posco act overide Muslim personal law

Subject: Polity

Context:

• The Karnataka High Court has observed that special enactments like the Protection of Children from Sexual Offences Act (POCSO) and the Indian Penal

Code prevailed personal laws when it came to cases related to sexual activities.

What is Muslim personal law:

• All the Muslims in India are governed by the Muslim Personal Law (Shariat) Application Act, 1937.
• This law deals with marriage, succession, inheritance and charities among Muslims.
• The Dissolution of Muslim Marriages Act, 1939 deals with the circumstances in which Muslim women can obtain divorce and the rights of Muslim women who have been divorced by their husband.

In what ways is Muslim Law Applied in India:

• In 1937, the Muslim Personal Law (Shariat) Application Act was created by Britisher with the intention of creating an Islamic legal system for Muslims in India.
• In deciding which laws applied to Hindus and which applied to Muslims, clear proof of usage will outweigh the written content of the law in the case of Hindus. On the other hand, the writings in the Quran would be of utmost significance to Muslims.

What are the Personal Laws of Other Religions:

• The Hindu Succession Act of 1956 lays out guidelines for property inheritance among Hindus, Buddhists, Jains and Sikhs.
• The Parsi Marriage and Divorce Act of 1936 lays out rules to be followed by the Parsis according to their religious traditions.
• The Hindu Marriage Act of 1955 had codified laws related to marriage among Hindus.