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{"id":27221,"date":"2023-06-04T17:32:41","date_gmt":"2023-06-04T12:02:41","guid":{"rendered":"https:\/\/lawdiktat.com\/?p=27221"},"modified":"2023-06-04T17:33:01","modified_gmt":"2023-06-04T12:03:01","slug":"comparative-analysis-of-personal-laws-with-reference-to-india-pakistan-and-bangladesh","status":"publish","type":"post","link":"https:\/\/lawdiktat.com\/comparative-analysis-of-personal-laws-with-reference-to-india-pakistan-and-bangladesh\/","title":{"rendered":"Comparative Analysis of Personal laws with reference to India, Pakistan, and Bangladesh"},"content":{"rendered":"

Introduction <\/strong><\/h2>\n

Laws that are particular to a person and their religion are personal laws. It can be based on legislation or customary laws. Hindu personal laws are one of the most ancient laws that are prevalent in today’s era. On the other hand, the Muslim Personal Law 1937 Act in India passed in 1937. This Act deals with marriage, succession, and inheritance issues in Islam, but after the demarcation of Pakistan and India, both countries make their own personal laws. Pakistan makes its personal laws according to his religion and custom, while India practises the common civil code irrespective of its religion. Later, India makes drastic amendments to Hindu personal law and also extends its application to the followers of other religions too. The deep comparative analysis of personal laws among these is discussed below.<\/p>\n

Historical background of personal laws in pre and post demarcation <\/strong><\/h2>\n

At first, through the Charter of 1753, the British gave both Hindus and Muslims freedom to practise their personal laws. It was clearly mentioned that there would be no interference from the British unless the two parties in a dispute willingly submitted to the jurisdiction of the court. In 1772, the Governor General of India, Warren Hastings, laid down that the laws of the Quran would be applied to Muslims and those of the Shastras to Hindus. After independence, Pakistan made the West Pakistan Muslim Personal Law (Shariah) Act, 1962, which deals with all questions regarding succession, marriage, property, divorce, dowry, guardianship, legitimacy, and many more, applicable only where the parties are Muslims. Under Hindu law, marriage is considered a sacrament. The Hindu Marriage Act of 1955 introduced the concepts of separation and divorce. Marriage was considered a sacrament. Further, in 1976, the Marriage Law Amendment Act expanded the grounds for divorce in Hindu marriage, extended the meaning of desertion, and gave minor girls the right to refuse their marriage. In 1956, the Hindu Succession Act was passed; the Hindu Minority and Guardianship Act and the Hindu Adoptions and Maintenance Act were enacted to cover other areas.[1]<\/sup><\/a><\/p>\n

Sources of personal laws in Hindus, Muslims and others<\/strong><\/h2>\n

Hindus personal laws are mainly found in: The “Shruti” contains all four Vedas, such as the Rig Veda, the Sama Veda, the Yajurva Veda, and the Athrva Veda. The “Smritis” are of three types: codes of Mnau, Yajnavalkya, and Narada personal laws and customs as recognised by statutory law by Hindus. These are applicable to legal issues related to matters of inheritance, succession, marriage, adoption, co-parenting, the partition of family property, the obligations of sons to pay their father\u2019s debts, guardianship, maintenance, and religious and charitable donations.<\/p>\n

Sources of Muslim personal laws are<\/strong><\/h3>\n