Published Paper Details:

There is a conflict of laws between the shariah law and the Muslim personal law of India. It also violates equality before law and equal protection of law contemplated in the Constitution of India.In a country like India, there are people belonging to multiple religions and thus, it has opted to be a secular State. It is the right of every citizen here to be safeguarded against discrimination on grounds of religion, race, caste, gender and birth place, etc. In certain scenarios, is it legitimate and excusable to allow a particular personal law to be continued in a prejudiced manner under the claim that they have the right to be governed by their own personal law however prejudiced it may be, especially in a case scenario where the basis of such law is highly equitable and non-discriminatory? The answer should be a big �no�. The basic reason behind bias on the basis of gender existent in the Muslim personal law and the desecration of the true Shariah law in the matter of marriage and divorce is the absence of a codified Muslim personal law in India and lack of education and awareness among Muslims.