Abstract

Dissolution of Muslim Marriage Act, 1939 (DMMA) is sole document in the history of Sub continent, which is a departure from the Hānāfi School of Islamic thought. It is based on the Maliki School of Islamic jurisprudence. The two main purposes of this document were to grant women more right which were not there in the Hānāfi School of Islamic jurisprudence and to stop women from committing apostasy to get out of their marriage. However, when the DMMA is critically evaluated it is found that, DMMA may provide more right to women of subcontinent if applied according to real intention of Maliki school of islamic jurisprudence. In this paper an evaluation of the DMMA, 1939 is made just to clarify that there were more women rights hidden there but this law was not implimented in its real sense and also the basic purpose seems to be stop women from committing apostasy instead of giving more rights regarding dissolution of marriage.

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