Muslim Personal Law

INTRODUCTION Marriage or Nikah is a civil contract, which is made by parties for the sole purpose and object of benefiting themselves according to Shariat it is a method to legalize the cohabitation of a man and a woman, and issues out of this union are legitimate. Under Islamic Law, a contract of marriage, need … Read more

INTRODUCTION Talaq is one of the modes of dissolution of the marriage tie of the husband and the wife It is the right of the husband to dissolve the marriage. Divorce is a vexed question in Islamic law. Talaq or divorce is regarded by Holy Prophet (PBUH) to be the “most detestable before Allah of … Read more

INTRODUCTION The Dower is the financial gain that the wife is entitled to receive from her husband by virtue of marriage It is also called Mahar. It may be settled before marriage, at the time of marriage, or even after the marriage. The right of the wife to dower becomes complete on the consummation of … Read more

INTRODUCTION Under Islamic law, the husband is bound to maintain his wife. The woman in Islam is exempted from any financial earning liability. She is entitled to maintenance under Islamic law.   RELEVANT PROVISIONS Section 369 of Muhammadan Law   LITERAL MEANING Literally, the term maintenance means food, clothing, and lodging. In the Arabic Language, … Read more

INTRODUCTION Waqf is an important social institution of Islam. It is the most important branch of Muhammad’s Law. It is a permanent dedication by a Muslim of some specific property for religious and pious purposes. Every Muslim of sound mind may dedicate his property by way of waqf. It may be made verbally or in … Read more

INTRODUCTION Will is a conferment of rights which is to effect after the death of the testator. A Muslim may make his will either orally or in writing and no formalities are required. A Muslim cannot, by will dispose of more than one-third of the surplus of his estate after payment of his funeral expenses … Read more

INTRODUCTION A gift or Hiba is a transfer of property made immediately and without any exchange by one person to another and accepted by or on behalf of another. A Muhammadan may dispose of his whole property. The person who makes the gift is called the donor and to whom the gift is made is … Read more

INTRODUCTION The right of guardianship of the minor belongs to the father and in his absence to nominate Where no one has been nominated then to the grandfather if he dies the right of his guardianship vests in the court.   DEFINITION OF GUARDIAN According to Section 4(2) Guardians and Wards Act 1890. “Guardian means a … Read more

INTRODUCTION A person who accepts the office of guardianship actually undertakes to act on the terms imposed by the court of law. However, the guardian is bound by some duties and liabilities, under the Guardians and Wards Act, 1990.   DEFINITION OF GUARDIAN According to Section 4(2) Guardians and Wards Act 1890: “Guardian means a … Read more

INTRODUCTION Inheritance is the transfer of legal ownership of a deceased’s assets to his heirs. The legal basis for the law of inheritance is found in Shariah, the Sayings of the Holy Prophet Mohammad (PBUH). Shariah is the primary source of Islamic law and is based mainly on the Quran and Sunnah. All Muslims living … Read more