Category: Marriage

The term woman’s estate in its larger connotation means all property which has come to a woman by any means and from any source whatsoever, and in­cludes both property in which she has absolute estate (Stridhan) and property in which she has only a limited interest The term “woman’s estate” in this chapter is used only in the latter sense of property in which she takes only a limited or qualified interest. Such property is either property inherited by a woman or property which has been allotted to her in a partition to her husband’s family [Devi Mangal Prasad v. Mahadeo Prasad, 34 I.A. 234]. Image Source: hinduism1om1.files.wordpress.com ADVERTISEMENTS: It was only in the Stridhan property that a female had a full right. But acquisitions by way of Stridhana property…

1. Under the Sunni law, a marriage contracted in the absence of witnesses is invalid. Under the Shia law, the presence of witnesses is not necessary.2. A Sunni Muslim can marry not only a Muslim woman, but also a Kitabia i.e. a Jewess or a Christian. However, under Shia law, a marriage between a Muslim male and a non-Muslim female is unlawful and void.3. A Sunni Muslim cannot marry his wife’s aunt or his wife’s niece (on the ground of unlawful conjunction). However, a Shia Muslim can marry his wife’s aunt; he can even marry his wife’s niece, but only with his wife’s permission. Image Source: mustbethistalltoride.files.wordpress.com ADVERTISEMENTS: 4. Under Sunni law, marriages may be void, or they may be irregular. The Shia law, however, does not recognise this distinction…

The place of the different enactments authorising and regulating the application of Muslim law to Muslims in the different States of India is now taken by the Muslim Personal Law (Shariat) Application Act, 1937. The object of the Act is, as its Preamble states, “to make provision for the application of the Muslim Personal Law (Shariat) to Muslims in India.” The Act came into force on 7th October, 1937.Under this Act, it is provided that, notwithstanding any custom or usage to the contrary, in all questions (save questions relating to agricultural land) regarding intestate succession, special property of females (including personal property inherited or obtained under contract or gift or any other provision of personal law), marriage, dissolution of marriage, including talaq, ila, zihar, Han, khula and mubara’at, main­tenance, dower,…

On conversion to Islam, converts, no matter what their previous religion may have been, must be taken, at that moment, to have renounced their former religion and personal law, and to have substituted, in its place, the Muslim religion and so much of the personal law as necessarily flows from that religion. (Advocate-General of Bombay v. Jimbabai, I.L.R. (1917) 41 Bom. 181)Thus, an Indian Christian domiciled in India can, after his conversion to Islam, legally contract a second marriage with a Muslim woman while his former marriage with a Christian woman is still subsisting. (John Jiban Chandra Datta v. Abinash, I.L.R. (1932) 2 Cal. 12)But, if the first marriage was contracted in England under English form, during its subsistence, the second marriage would be regarded as a nullity. (King v.…

According to the Muhammadan law, marriage (nikah) is a civil contract, the object whereof is to legalise sexual intercourse and the procreation of children. This statement is, however, sometimes so overstressed, that the real nature of marriage is obscured, and it is forgotten that it has other important aspects as well, both social and religious.One would do well to remember that marriage is recognised in Islam as the basis of society. It is no doubt a contract, but it is also a sacred covenant. The Prophet once delivered a sermon on marriage, and to this day, it is repeated (with a few variations) at Muslim marriages, as it contains a lot of practical advice and many noble sentiments.As observed by Sir Shah Muhammad Sulaiman, C.J. (in Anis Begam v. Muhammad…

(A) The Principal Classes:The following three classes of heirs may be termed as principal classes of legal heirs. The heirs included in any of the following classes are related to the propositus by blood except the husband and widow who are related through marriage. Image Source: solimonrodgerslaw.com ADVERTISEMENTS: (1) Sharers or Quranic Heirs:Sharers are those heirs who are entitled to get a prescribed share from the heritable property. The Sharers and their respective shares in the property of a deceased are given in Quran. The Sharers are, therefore, also called as Quranic heirs.In the distribution of property, the Sharers get preference over the other class of heirs, therefore, first of all the respective share is allotted to each Sharer. It may be noted that Sharers are those heirs whose respective…

Definition of Iddat: Iddat is a period of chastity which a Muslim woman is bound to observe after the dissolution of her marriage by the death of her husband or by divorce, before she can lawfully marry again. This is a period of continence imposed on the woman on the termination of marriage in the interest of certainty of paternity.The abstinence is imposed on her to ascertain whether she is pregnant by the husband, so as to avoid confusion of the parentage. This is a period by the completion of which a new marriage is rendered lawful. The primary object of Iddat is to impose a restraint on the marriage of the wife for a certain time. Image Source: ainosdevi.files.wordpress.com ADVERTISEMENTS: To take an illustration, if X has four wives,…

Restitution of conjugal rights means restoring the right of a spouse to live with the other. In every marriage it is implied that husband and wife both have legal right to cohabit and live together. If any spouse lives separately without any reasonable excuse and deprives the other from his (or her) company, the other spouse is deprived of his (her) legal conjugal right. Such other aggrieved spouse is then entitled to file a suit against the party who lives separately.If the court finds that the spouse who is living separately without any reasonable justification, it shall pass order and compel him (her) to live together. Such a suit by the aggrieved party is called a suit for the restitution of conjugal rights.The success or failure of a suit for…

Father is entitled to the custody at the following two stages of the child’s minority:(a) In respect of a minor boy under the age of seven years, and a girl under puberty, the father is entitled to the custody of the child only in the absence (or disqualification) of mother and other female relations of the child.(b) In respect of a boy over the age of seven years and an unmarried girl over the age of puberty (fifteen years) the father is entitled to the custody of the child as a natural guardian till the child becomes adult, i.e. attains the age of eighteen years. Image Source: css.sterlinglawoffic.netdna-cdn.com ADVERTISEMENTS: The minority of a child for purposes of its custody by father is divided in two stages. The first stage of…

Under all the schools of Muslim law, the general rule is that mother is entitled to the custody (Hizanat) or the physical possession of her child up to a certain age. This rule is based on the presumption that on account of her peculiar relationship with the child, she is obviously the best person to give that natural love and affection which a child requires during its infancy including its dependence for feeding. Nature itself has given to the mother the custody of her child’s embryo even before it comes in the worldly existence. Image Source: divorcepeers.com ADVERTISEMENTS: Where the child is a son, the mother is entitled to his custody till he attains the age of seven years. Where the child is a daughter the mother’s right to the…