The National Commission for Women (NCW) has recommended comprehensive codification of Muslim personal laws, calling for an end to fragmented practices and full alignment with the principles of gender justice enshrined in the Indian Constitution.
The NCW has formally submitted its comprehensive recommendatory report titled "Rights of Muslim Women in India" to the Ministry of Home Affairs, Ministry of Women and Child Development, and Ministry of Minority Affairs. The report is the outcome of an extensive national-level consultation process aimed at addressing persistent gaps in legal protection and empowerment of Muslim women.
A high-level Round Table Consultation was organised by the Commission on 1st August 2025 in New Delhi in the presence of the Minister of Minority Affairs. It brought together senior government representatives, legal experts, academicians, women's rights organisations, religious scholars, social activists, and civil society members from across the country. The deliberations focused on reviewing existing laws, identifying implementation failures, and proposing concrete reforms.
The Case for Codification of Muslim Personal Laws
Currently, Muslim personal law in India remains largely uncodified. It is primarily governed by the Muslim Personal Law (Shariat) Application Act, 1937, which applies Shariat principles to matters of marriage, divorce, maintenance, inheritance, and custody, supplemented by a few specific statutes such as the Dissolution of Muslim Marriages Act, 1939, and the Muslim Women (Protection of Rights on Marriage) Act, 2019. Unlike the personal laws of Hindus, which were comprehensively codified through the Hindu Code Bills in the 1950s, Muslim personal law relies heavily on judicial interpretations, customary practices, and community opinions. This has often led to inconsistencies, arbitrary application, and misinterpretations that disadvantage women.11
The NCW has highlighted that this non-codified status creates significant challenges. Without a clear, consolidated statutory framework, practices such as child marriage, instant triple talaq (now criminalised but with enforcement gaps), unequal inheritance shares, and unregulated polygamy persist in varying degrees across regions and sects. Courts frequently adjudicate based on classical Islamic jurisprudence as interpreted by scholars, leading to unpredictability and prolonged litigation for women seeking justice.
"The non-codified nature of Muslim personal law has led to misinterpretation and posed significant challenges for Muslim women," the Commission has consistently maintained in its observations. Codification would not alter core religious tenets but would consolidate, clarify, and reform procedural aspects to ensure they conform to constitutional guarantees of equality (Article 14), non-discrimination (Article 15), and personal liberty (Article 21).
"The consultation has made it clear that personal laws cannot remain insulated from the constitutional values of equality, dignity, and justice. Muslim women deserve the full protection of the Constitution like every other citizen," the report stated.
The discussions examined key legislations including the Muslim Personal Law (Shariat) Application Act, 1937, the Dissolution of Muslim Marriages Act, 1939, the Muslim Women (Protection of Rights on Divorce) Act, 1986, and the Muslim Women (Protection of Rights on Marriage) Act, 2019, along with important judicial pronouncements.
Key Recommendations
Legal Reforms & Codification: Enactment of a comprehensive legislation to codify Muslim personal law on marriage, divorce, maintenance, custody, and inheritance.
Marriage & Divorce: Mandatory registration of marriages with free and informed consent; complete prohibition of child marriage; and regulation of divorce practices ensuring fairness, due process, and equal remedies for women.
Financial Security: Strengthened maintenance rights during and after marriage, protection of mehr, and women's share in matrimonial assets.
Custody & Inheritance: Child-centric custody frameworks and simplified enforcement of women's property and inheritance rights.
Institutional Mechanisms: Creation of gender-sensitive dispute resolution bodies with adequate women's representation, accountable to civil courts.
Legal Awareness: Massive expansion of legal aid, helplines, and targeted literacy campaigns.
End to Exploitative Practices: Immediate crackdown on harmful customs such as the "Paaro" system, with rehabilitation and livelihood support for victims.
The NCW has urged the Union Government and all stakeholders to implement these recommendations swiftly to ensure meaningful access to justice and socio-economic empowerment for Muslim women.
