In the present study, the researcher is going to consider the different domestic laws in Iran and India towards Muslim women’s legal status under family laws. Muslim women are under many discriminatory laws within the family such as; minimum age of marriage, guardianship’s permission for marriage, polygamy, patriarchy like women’s need to husband's permission for working and taking passport, sexual abuse and marital rape, inheritance discrimination and lack of specific legislation to prevent, prohibit and punishment of domestic violence and particularly, there is no position regarding punishment of stoning as a penalty of adultery. Unfortunately in India also Muslim women as a religious minorities face with such problems within Muslim personal law towards marriage and personal freedoms which are severely restricted, like polygamy and threat of verbal divorce and etc.  Therefore there is need to study how the presence laws in Iran and India can help to lawmakers to create or amend better laws to protect the rights of these vulnerable women in the family.

The present research work will prove that, if the present family laws in Iran and India take more steps towards empowering women and adopting and implementing efficient policies aimed at eliminating gender-based violence, could help Muslim women to move out from a week position and to exercise their power like men in equal way.  Furthermore, reforms existing laws, regulations, customs and practices in accordance with the objectives of international regulations for effective protection of women within family to be needed.

KEY WORDS: Women, Personal or Family Law, Discrimination, Gender Based Violence, India, Iran