SOVEREIGNTY UNDER MUSLIM LAW

Sovereignty means supreme power. The word sovereignty has been derived from the Latin word ‘Superanus’. It denotes the higher power, i.e. for power over which there is no other power superior to it. Under Muslim law, when it is said as the sovereignty of God, it means that Allah is the highest authority. There is... Continue Reading →

SOURCES OF MUSLIM LAW

DIFFERENT SOURCES UNDER MUSLIM LAW There are 8 important sources of Muslim law The Holy Book QuranThe SunnatIjmaaQiyasLegislationCustomsJudicial precedentJustice, equity and good conscience or Juristic deduction These are the sources of muslim law, each source of Muslim law has been briefly explained one by one. The holy book Quran: It is considered by the Muslims... Continue Reading →

ISLAMIC SYSTEM OF SHURA

INTRODUCTION Shura is an arabic word for ‘consultation’. The Quran urges muslims to decide their affairs in consultation with one another. The principle of shura can likewise take the form of a a council or a referendum. Islam being a comprehensive ideology and long lasting moral framework illuminates on this part of the matter. A... Continue Reading →

DISSOLUTION OF MARRIAGE UNDER MUSLIM PERSONAL LAW.

Dissolution of marriage under Muslim personal law. Under Muslim law, a marriage is dissolved either by the death of the husband or wife or by divorce. The essence to dissolve the marriage in Islam is the inability of the parties to live together. In Islam, the absolute privilege to dissolve the marriage is given to... Continue Reading →

HIBA

Under Muslim law, A Muslim is not allowed to give away his whole property in his lifetime but he is allowed to give only one-third of his property through a will. So, the best way to transfer property is through the gift which in terms of police law called Hiba. The Gift called Hiba transfer... Continue Reading →

Muslim Marriage

Muslim law has derived from various ancient as well as modern sources which are codified and uncodified both like- Quran, Ijma, Qiyas, customs, urf, precedents, equity and various other legislations. Just like Hinduism, Islam has also given different types of marriage but, the Muslim concept of marriage differs from the Hindu conceptThe general essentials of... Continue Reading →

MUSLIM LAW OF SUCCESSION

SUCCESSION Introductory :- The Muslim Law of inheritance is a superstructure constructed on the foundations of pre-Islamic customary law of succession. It is based on the patriarchal organisation of the family, in which are buttressed some near cognates side by side with agnates. In Islamic law distinction between the family property and the separate property... Continue Reading →

DEATH BED TRANSACTIONS UNDER MUSLIM LAW

The Muslim population of India is governed by the Muslim Personal Law(Shariat) Application Act, 1937. Shariat is a personal civil law which deals with succession, inheritance, marriage, and charity among Muslims. The Arabic Term for death illness is Marz-ul-maut, which is made up of two words Marz i.e, illness and Maut i.e, death.  The rules concerning Marz-ul-Maut inculcate the ideas of the gift as well as... Continue Reading →

TRIPLE TALAQ- A VICTORY OF GENDER JUSTICE

A watershed moment in the history was witnessed when judiciary of India criminalized the practice of Triple talaq or Talaq-ul-biddat, which has been a very prejudicial practice due to which Muslim women have been agonized to a great extent. “What is sinful under religion cannot be valid under law” Islam is one of the oldest... Continue Reading →

LEGAL ANALYSIS

LAW OF SHARIAT India is a Secular state having no religion of its own and every religion in India be it Hindu, Muslim, Sikh, Christian is being given equal importance with fair and partial governance in the form of Personal Laws of every religion. Similarly, Shariat is a law under which every Indian Muslim is... Continue Reading →

MUSLIM LAW AS APPLIED AND INTERPRETED IN INDIA

Muslim in India are governerd by their own personal law and this provision is not absolute. Some of the legislative enactments direct civil court to apply Muslim law to Muslims and Hindu law to Hindus. Apart from this Article 225 of the Indian Constitution provides that the High Courts will administer the same law as... Continue Reading →

WHO IS A MUSLIM?

If  Muslim law is to be applied to a Muslim, the natural question that arises is: Who is a Muslim? There is a lot of difference between the viewpoint of law courts and theologians. Among theologians themselves, there are three different views on the subject: 1. a Muslim is one who believes in the unity... Continue Reading →

Divorce under Muslim Law

INTRODUCTION Amongst all nations of antiquity, divorce was regarded as natural corollary of marital rights. Islam is the first religion in the world which has expressly recognized the termination of marriage by way of divorce. In India the divorce was recognized after the passing of Hindu Marriage Act, 1955. Under Muslim law there is no... Continue Reading →

SUNNI SCHOOLS OF MUSLIM LAW

INTRODUCTION The word Sunni is derived from the Arabic word ‘Sunnah’ which implies a ‘way', referring to “One of the path” or “one who follows the practices of  the Prophet”. At the time of the death of the Prophet, there was a quarrel between the two groups for imamate (the temporal leadership of the religion).... Continue Reading →

SCHOOLS OF MUSLIM LAW

Schools of Islamic Legal Thought otherwise called Madhahib in Arabic, emerged because of the independent interpretation of the general principles of the Quran and Sunnah by different prominent scholars over the centuries. Each school was designated under the name of its founding scholar. These schools were set up very early in Islamic history. The purpose... Continue Reading →

HIBA

The Arabic term ‘HIBA’ literally means gift. The term “Hiba” and “gift” have a different meaning when taking into consideration the transfer of property act, 1882. Under the Muslim law, a competent person is allowed to make a gift of his property to another during his lifetime, but, it has to be transferred by way of a “will”... Continue Reading →

TRIPLE TALAQ

Triple Talaq Triple talaq is the most famous case back in 2017 and it's the most landmark judgment in2017. First, we have to know what the meaning of word triple talaq is or talaq-e-biddat as it is known among the Muslim community. Basically, it is the practice in Muslim law which gives a man's right... Continue Reading →

Sources Of Muslim Law

Sources of Islamic Law Islamic law is made up of various sources, Quran the holy text being the main source, after Quran the main source of Islamic law is sunnah, both Quran and Sunnah are considered to be the primary source of law, apart from the primary source the other sources of Islamic law consists... Continue Reading →

TRIPLE TALAQ

Triple talaq is the most famous case back in 2017 and it's the most landmark judgment in2017. First, we have to know what the meaning of word triple talaq is or talaq-e-biddat as it is known among the Muslim community. Basically, it is the practice in Muslim law which gives a man's right to divorce... Continue Reading →

WAQFS AMONG MOHAMMEDAN

MEANING When Muslim a person who is working for a charitable purpose under religious faith and sentiments and for the benefit and upliftment of the society, has donated his property in the name of Allah is called waqf. Waqf literally means ‘detention’ stoppage or tying up, meaning thereby that the ownership of dedicated property is... Continue Reading →

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