M. Jainoon, Appellant v. M. Ammanulla Khan and others, Respondents.

K.P. SIVASUBRAMANIAM, J.

Muslim Law - Customs - Muslims in particular area establishing and developing practice of registering a marriage - Such practice assumes character of a customary right giving rise to enforceable legal right ...

It is true that Muslim Law does not require registration of marriages. But it is one thing to say that the Personal Law does not require registration and another thing to say that Muslims belonging to a particular place have adopted a custom of registering the marriages in a Pallivasal or Jamath. It cannot be contended that the Personal Law prohibits registration of marriages. The Personal Law merely lays down that registration was not required for a valid marriage ... Registration by Jamath, in course of time, develops into a custom, a valid custom which is not violative of the Personal Law ... The practice of registration of marriages ... certainly ripens into a customary right ... It (is) not a merc contractual right.

Therefore, it cannot be said that there is neither a civil nor a legal right which can be enforced ...(Source: AIR 2000 Madras 381)

Raashid Paul On Inheritance Rights of Muslim Women

(In) Kashmir (Muslim) women art discriminated when it comes to the grant of inheritance rights as per the Islamic Shariat. According to a recent research conducted by the Sociology Department of Kashmir University, "like in other areas of life, women in Kashmir are facing severe discrimination (in) inheritance rights ... The discrimination is an age old practice in Kashmir and the (survey indicates) the degree of continuity in this traditional practice ... (Source: The Greater Kashmir, 8 September, 2000)

M. Saleem Pandit On Rights to 'Citizenship' of Kashmir

If (a Kashmiri woman) marries a non-Kashmiri, she forfeits her "citizenship" and the right to inheritance. However, ... if a Kashmiri man marries a non-Kashmiri, the bride is automatically granted "citizenship".

A legacy of the past, this policy, patently gender-biased, was practised by the Dogra rulers for over 100 years and accepted under Article 370 of the Indian Constitution at the time of the state's accession to India. The law is part of the J&K Constitution under Section 6.

Besides being disinherited and losing state citizenship, a Kashmiri girl marrying a non-local also loses out on another count: she cannot buy property in J&K ... The law has spawned a thriving racket. Fake certificates can be had for a price ... Incongruent and politically incorrect though it may be in these days of gender equality ... Kashmiris seem to endorse disinheritance of girls marrying outside. (Source: The Times of Indian, 1 October, 2000)