<P> Muslim law in South Asia is different from Islamic law of Sharia . Shariat law (shari'a or fiqh) law is seen as a body of religious rules that are set out to manage the lives, in all aspects, of every Muslim . However, in India there are only a few of these laws that are enforced . This is due to India's laws having been modified by traditional English common law and equitable principles since the beginning of the British imperialist regime . It is now called Anglo - Muhammadan law . Although Islamic law is sacred, due to modern political and social developments sacred interpretation of classic Islamic law's in India have changed in response to societal requirements . </P> <P> The Constitution of India outlines the Fundamental rights in India to equality under Article 14 . Article 15 covers freedom from discrimination which includes that of gender equality . However, Article 25 justifies the freedom of religion which safeguards the religious rights of Muslim communities, in turn Muslim Personal Law, which is discriminatory between Muslim men and woman . The continuance of discrimination within Muslim personal law contravenes that set out in India's constitution, notably articles 14 and 15 . </P> <P> Even though there is formal recognition of rights within the constitution, Muslim women experience gender in - equalities in practice within the sphere of personal law . Personal law enables the continuing practice of giving a lower status to Muslim women in India . Which raises the need for legal reform . This is hard to achieve because often uniformity of family laws are often upheld by staunch supporters of religious traditions, who will ensure that all efforts to keep traditional Muslim practices within the conformity of Islamic ideals . The courts will also favor to not let constitutional rights intrude in personal law . In the High Court case Harvinder Kaur v. Harmander Singh Choudhary, it was rejected that personal law was discriminatory towards Gender inequality in India and stated that the "...introduction of Constitutional law into the home is most inappropriate". Essentially depriving all woman in India the fundamental rights within the constitution . Personal law discrimination was on the other hand was positively recognized in the case of Amina (Case Law: Amina v / s Unknown . AIR 1992), here the court noted that Muslim personal law is discriminatory towards Muslim women, and as such is unconstitutional . </P> <P> Islamic law does however provide for certain rights . One example can be seen within a matrimonial deed, or Nikahnama . A Nikahnama can cover certain rights which pertain to polygamy and the woman's right to enforce a divorce proceeding . This could even include shares in property rights . Muslim law for financial support due to divorcement has been codified In the Muslim Women's (Protection of Rights on Divorce) Act 1986 . Nevertheless, these rights remain minimal . For example, the divorced wife can only receive three months of financial support . Also the husband of the divorced wife only has to pay child support for 3 months if that child is born within the three - month period, but if they had a child before that then the husband is not obligated to pay any support . Woman's rights in these matters are often not practiced due to Muslim women's lack of education toward their rights within the Islamic community . Also Muslim woman in India are not protected when it comes to monogamous marriages, but Muslim men are, protected under the Indian Penal Code . </P>

The constitution and legal framework of the human rights act in india was framed in