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INTERPRETATION OF MUSLIM LAWS: MUSLIM WOMEN’S RIGHT TO MAINTENANCE

By Deepika Kanda

Interpretation is the process by which the courts interpret and apply the law in a particular situation before it. A certain degree of interpretation becomes necessary while adjudicating upon a matter. However, this power of the judiciary to interpret a law is restricted while it is dealing with personal laws. Muslim law is one such personal law whose primary source is the Quran and the Sunnat. This law has been in force for over a thousand years and its beloved by its followers. It is clear from the fact that to this day the Quran remains unamended. The Supreme Court cannot interpret it freely. While interpreting it the SC has to follow the interpretation of well-known Muslim jurists and they cannot give Muslim law their own interpretation. However, every law has different utility depending upon the type of society and the era it is used in. Due to this the laws are evolved by the judiciary and are shaped to become effective tools which can be used in furtherance of justice. This is accomplished through interpretation of statutes. So, what is the scope of Judiciary’s power in interpreting Muslim Law? In what circumstances can the judiciary give their own interpretation to Muslim Law? In this article using primary and secondary research, we seek to analyse the circumstances under which the judiciary can exercise its power of interpretation over Muslim Laws.

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