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One particular provision of the new legislation states that, "the minimal estates in respect of immovable property held by Muslim girls underneath the customary law are hereby terminated"; this constitutes the opposite stance to customary land legislation see this page on the 1937 enactment, and so the new Act provides that it will not use retrospectively.
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e., repaying her dower). It is actually criticized by Some others who point out that judges may rule for just a judicial khula in conditions wherever Women of all ages are Plainly entitled into a judicial divorce underneath the phrases of the DMMA with out dropping their economic rights. In Khurshid Bibi v. Mohd. Amin (PLD 1967 SC ninety seven), the problem for the Supreme Court to find out was said as follows: "(Is) a wife, under the Muslim legislation, entitled, as of correct, to say khula, Regardless of the unwillingness with the partner to launch her from your matrimonial tie, if she satisfies the Court that there is no chance of their residing collectively persistently with their conjugal duties and obligations." The Supreme Court stated the Muslim wife is without a doubt entitled to khula as of correct, if she satisfies the Court that she could well be forced into a hateful union if the option of khula was denied her by her spouse.
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