This article aims at looking into the historical development of Muslim Law in India. It is commonly known that Shariat law was followed by Muslims in ancient India. Shariat law is applicable to those persons who enjoin the faith of Islamic law. However, persons who do not follow the Islamic religion in an Islamic State are not subject… Read More »
The article ‘Introduction to Muslim Law’ seeks to introduce the reader to the specific aspects of Muslim Law as practiced in India. It discusses in detail the source of the said body of law, and its application and briefly mentions areas that require reform. The Article also tries to situate the topic in relation to the current socio-political… Read More »
Inheritance under Muslim Law | Overview RULES OF INHERITANCE OF PROPERTY Birth right Rule of Representation Rule of Distribution GROUNDS OF DISQUALIFICATIONS MURDERER ILLEGITIMATE CHILDREN WIDOW CHILD IN THE WOMB ESCHEAT DIFFERENCE OF RELIGION Theory of Propinquity Case Laws The Islamic Law of inheritance is a combination of the pre-Islamic customs and the rules introduced by the Prophet. Whatever… Read More »
Maintenance of wife and children under Muslim Law | Overview Introduction Maintenance of wife Maintenance of the Children Conclusion 1. Introduction The concept of Maintenance was introduced to provide support to those people who are not capable to maintain themselves. It is basically provided to the spouse who is not independent and is dependent on the other spouse.… Read More »
Hiba – Gift under Muslim Law Overview Introduction Essentials of a Hiba Capacity to make a Hiba Subject-matter of Gift Gift of Musha Donee Formalities: Delivery of Possession Who can Challenge a Hiba or Gift Conditional or Contingent Hiba or Gifts Revocation of Gifts Revocation of gifts before the delivery of possession Revocation of gifts after the delivery… Read More »
A wassiyat or will under Muslim law is a divine institution, since its exercise is regulated by Koran. Will is the translation of Latin word “voluntas”, which was a term used in the text of the Roman law to express the intention of a testator. Under Muslim law, every Muslim has the testamentary power of disposing of his… Read More »
The word pre-emption is a right of substitution conferred on someone either by statute, custom or contract. The right is to step into the shoes of the vendee preferentially, on the terms of sale already settled between the vendor and vendee. [Vijayalakshmi v. B. Himantharaja Chetty, (1996) 9 SCC 376] In the words of Mulla, “The right of… Read More »
Under the Mohammedan law, the moment a wakf is created, all rights of property pass out of the wakif and is vested in God. The property is then taken care of by a Mutawalli. A Mutawalli is more like a manager than a trustee and so far as the wakf property is concerned, he has to see that… Read More »
Introduction A wakf under Muslim law is essentially a religious and pious obligation, though provision is sometimes also made for charities and for the benefit of oneself, one’s children and descendants (alal-aulad). The origin of wakf is traced to an utterance of the Prophet. The utterance is often quoted and is considered the briefest definition of Wakf –… Read More »
Dower or Mahr under Muslim Law | Overview Introduction and Meaning Mahr amount Types of Dower Specified dower (mahrul-musamma) Unspecified dower (mahrul misal) Prompt (muajjal) and deferred (muvajjal) Mahr Increase or decrease of dower Remedies of a Muslim woman to recover dower Refusal of Conjugal Rights Enforcement of Dower as debt Widows Right of Retention Introduction and Meaning… Read More »
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