12Oct 2018 by admin

Difference between Shia and Sunni Law of Marriage and Divorce

Marriage
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…
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12Oct 2018 by admin

The Shariat Act, 1937, is Landmark Legislation in the History of Muslim Law

Marriage
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,…
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12Oct 2018 by admin

What are the Effects of Conversion to Islam under Muslim Law?

Marriage
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.…
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12Oct 2018 by admin

What is the Nature and Essentials of a Muslim Marriage?

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…
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12Oct 2018 by admin

Categories and Classes of Legal Heirs under the Sunni Muslim Laws

Marriage
(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…
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12Oct 2018 by admin

What do you mean by Iddat Period?

Marriage
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,…
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12Oct 2018 by admin

Restitution of Conjugal Rights under Muslim Law in India

Marriage
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…
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11Oct 2018 by admin

13 General Principles of Inheritance under Muslim Law in India

Family Members
The 13 General Principles of Inheritance under Muslim Law are mentioned below: (1) Nature of the Heritable Property: Heritable property is that property which is available to the legal heirs for inheritance. After the death of a Muslim, his properties are utilised for the payment of funeral expenses, debts and the legacies i.e. wills, if any. After these payments, the remaining property is called heritable property. Under Muslim law, every kind of property may be a heritable property. Image Source: drdivaphd.files.wordpress.com ADVERTISEMENTS: For purposes of inheritance, Muslim law does not make any distinction between corpus and usufruct or, between movable and immovable, or, corporeal and incorporeal property. Under English law, there is some difference in the inheritance of movable and immovable property.But, under Muslim law there is no such distinction;…
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11Oct 2018 by admin

Section 494 of Indian Penal Code, 1860 – Explained!

Family Members
Legal Provisions of Section 494 of Indian Penal Code, 1860.Marrying again during lifetime of husband or wife:Marrying again during the lifetime of husband or wife, that is to say, bigamy, has been made a punishable offence under this section. The section says that whoever, having a husband or wife living marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with simple or rigorous imprisonment for a term extending up to seven years, and shall also be liable to fine. Image Source: s1.ibtimes.com ADVERTISEMENTS: The section contemplates that the offender’s husband or wife, as the case may be, must be living and the offender must marry in any case in which such marriage…
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11Oct 2018 by admin

Section 464 of Indian Penal Code, 1860 – Explained!

Friends
Legal Provisions of Section 464 of Indian Penal Code, 1860.Making a false document:Section 463 defines forgery. It says that whoever makes any false document or false electronic record or part of a document; or electronic record, with the intention to cause either damage or injury to the public or to any person, or to support either any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with the intention to commit fraud or that fraud may be committed, commits forgery. Image Source: uploadeater.com ADVERTISEMENTS: The section says that forgery means making of any false document or false electronic record or part of a document or electronic record. If there is no making of a false document or…
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