Don't know about the difference. It could be since we are a Muslim country every case is scrutinized and interpretation on Islamic shariah is discussed with both lawyers making arguments. Quite frankly I haven't studied Indian law so two things have surprised me quite a bit.
A. That you guys have single strike triple talaq. I wonder about your inheritance laws as well. Tell me are Muslim grandchildren allowed inheritance of the grandfather. Bcz in shariah interpretation grandchildren don't have right in grandfathers property. Let me explain.
Let's say the grandfather is alive. He has two sons. One of his sons has a son ( being grand children). The father of that grandchildren dies before the grandfather. Now would the grandchildren inherit from the grandfather in the above scenario.
@Joe Shearer maybe ask your lawyer friends.
B. Why doesn't India have a distinct single law for all Indians. India based itself on the fact that the uniformity of India is above creed and religion. Shouldn't the law of the land speak of the same thing. Doesn't having two distinct laws contradict it? Pakistan was based on Islamic principles so we need distinct minority laws and even Islamic sect laws for example shia and sunni laws are different. Marriage laws of christians are different.
Hmmm
Let me tell you another case law.
Facts.
A couple ran away and did marriage without the consent of their household and parents. The parents filed and FIR of kidnapping and caught the boy. The girl came into court and said that she married him of free will. The family filed a case in family courts stating that since the consent of the parents was not received thus the marriage is void and unislamic.
Now this is a very important case law. Case went ahead and Islamic scholars were called. The party argued that its unislamic since consent of parents is required. The courts asked for the presence of boy and girl. Boy was still in police custody and he was tortured and vowed his torture marks. The court passed this judgement.
Consent of parents are not required in Islam. Even the surahs read are a mere formality and not a requirement. Marriage is a contract and not a sacrament and if two consenting adult sign on a nikah nama in the presence of two witnesses then they are married. Parents, tribals, surahs are mete customs and have nothing to do with Islamic law thus marriage shall be treated in lines with a contract. Infact if you actually look at the nikah nama its basically a contract page.
This case law is still used in courts when lawyers argue.
Well there are other case laws as well. Like the christian marriage law one. This one was awesome. The grandchildren inheritance was also amazing one. In pakistan grandchildren can inherit. :p
