Aakriti Vikas

Aakriti Vikas

Author Archives: Aakriti Vikas

Minor and Guardianship under Muslim Law

This article titled “Minor and Guardianship under Muslim Law” deal with the concept of Minor and Guardianship, the appointment of the guardian and the removal of a guardian. Who is a Minor? This article deals with the concept of Guardianship what it means, the appointment of the guardian and the removal of a guardian. The ‘Urdu’ term for… Read More »

Judicial Separation under Muslim Law

Marriage, in India, is a sacrament and therefore, we do not let it dissolve that easily. To let a marriage work, the Hindu Marriage Act allows judicial separation, a period during which the husband and wife stay away from each other and check if they can survive alone. This article focuses on judicial separation under Muslim law. Judicial… Read More »

Ten Landmark cases on Muslim Law

This article envisages Ten Landmark cases on Muslim Law, evolved and interpreted over time by the Supreme Court of India. Some cases deal with the rights of woman and clarifying their position in society. 1. Mohammed Ahmed v Shah Bano and Anr. [1] Facts of the case revolve around the concept of maintenance and dower. After the divorce… Read More »

Classification of Marriages under the Muslim Personal Laws

This article specifically deals with the classification of marriages under Muslim personal laws. Marriage, in Mohammedan culture, has always been considered as a social necessity. There are several kinds of marriage under Islamic law. Marriage in Islam is considered to be a social contract. The husband and the wife and their respective families enter into an agreement whereby… Read More »

Enforcement of Right to Dower

This article deals with the enforcement of the right of a woman towards her dower. It basically highlights the other remedies the woman in the marriage or after the marriage can revert to, to ensure enforcement of the right to dower. Introduction The right of dower is an intrinsic right of Muslim marriage and it cannot be taken… Read More »

Distinction between Shia and Sunni Law of Marriage

The Sunni and the Shia sect of Muslims have their separate traditions and beliefs and are regulated by those beliefs. Due to this, marriage in these communities also occurs in a different manner. This article shall look into the distinction between Shia and Sunni Law of marriage under the Muslim Personal Law. After the death of Prophet Mohammed,… Read More »

Remission of Dower

Introduction In this article i.e. Remission of Dower, we will deal with the rights of a woman to remit a dower. Firstly, Dower is a custom which is a vital part of a Muslim marriage between the parties to the marriage. The dower is the right of a woman which cannot be waived off before the marriage through… Read More »

Types of Dower – Meaning and Relevance

Dower is a mandatory payment of a sum of amount as a gift by the husband to the wife[1]. This article discusses various types of Dower such as Muta, Prompt, Specified, Proper and Deferred. The dower is called a ‘Mehr’ and it is like a gift to the wife. This amount paid to the wife by the husband… Read More »

Concept of Dower

Dower is also called ‘‘Mehr’’. Dower is in the form of consideration which is the right of a Muslim woman­. She receives consideration for contracting to get married to the man. However, Islamic scholars, believe this to a mark of respect given to a woman. Introduction to Dower A Muslim matrimony is different from a Hindu one. A… Read More »

Difference between Hindu and Muslim marriages

This article deals with the Difference between Hindu and Muslim marriages. Hindu and Muslim marriage are similar in only one aspect. That is a religious aspect, where both the marriages are legalised by virtue of the togetherness and union of two souls. However, the major difference is that Muslim marriage is a civil contract between two parties. I.… Read More »