Tag Archives: Law Notes on Muslim Law

Pre-emption (Shuffa) under Muslim Law – Concept, Rights and Effect

Concept 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 vs. B. Himantharaja Chetty, (1996) 9 SCC 376] In the words of Mulla, “The right… Read More »

Wakf under Muslim Law : Concept, Creation, Control and Registration

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 »