Category: Marriage

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…

Mistake of Fact:Section 76 applies to mistake of fact and not to mistake of law. This section and Section 79 are a paraphrase of the English Common Law maxim in its application to criminal law, Ignorantia facit excusat : ignorantia juris non excusat. (Ignorance of fact excuses, ignorance of law does not excuse). Image Source: i.ytimg.com ADVERTISEMENTS: The distinction between these two sections is that in the former a person is assumed to be bound, and in the latter to be justified by law; under both these sections there must be a bona fide intention to advance the law, manifested by the circumstances attending the act which is the subject of charge.Under Sections 76 and 79 mistakes must be one of fact and not of law. Mistake has a recognised…

When we judge human action as right or wrong we apply certain principles. There is an inborn sense of right and wrong in human nature. Who taught us to respect truth, and to despise deceit? ‘Right’ and ‘wrong’ are essentially a social phenomenon. Image Source: 2.bp.blogspot.comThey are born of social contract. There are two branches of human learning which are devoted to the study of right and wrong, law and ethics of the science or morals. These two branches are closely connected. They are different aspects of the same problem. ADVERTISEMENTS: Both law and morals regulate human conduct in allied but essentially distinct ways. Laws tell us that this is a right act and that is a wrong act, that a man shall do this and shall not do that.…

Muslim law recognises following kinds of guardians:(1) Natural or legal guardian,(2) Testamentary guardian, ADVERTISEMENTS: (3) Guardian appointed by Court or statutory guardian, and(4) Defacto guardian. Image Source: 3bek8b2kien92hgjfb3ohv7e.wpengine.netdna-cdn.com 1. Natural Guardians: Natural guardian is a person who has a legal right to control and supervise the activities of a child. Father is recognised as the natural guardian of his child under all the schools of Muslim law. The father’s right to act as guardian of the minor is an independent right, and is given to him under the substantive law of Islam. Natural guardian is also called Dejure or the legal guardian. ADVERTISEMENTS: As stated above, only father is the natural or legal guardian of his child. But in the absence of father, the father’s executor may also act as…

Legal Provisions of Section 366A of Indian Penal Code, 1860.Procuration of minor girl:This section makes procuration of a minor girl a punishable offence. It states that whoever by any means whatsoever induces any minor girl under the age of eighteen years to go from any place or to do any act with the intention that such girl may be forced or seduced to illicit intercourse with another person or with the knowledge that it is likely that she will be forced or seduced to illicit intercourse with another person, shall be punishable with imprisonment extending up to ten years, and shall also be liable to fine. Image Source: thewiire.com ADVERTISEMENTS: The section is attracted when a minor girl under eighteen years of age is induced to go from any place…