Notes

Sources of Muslim Law (Shariah)

Every word of Koran is that of God, communicated to the Prophet Muhammad through Gabriel (the angle). The Koran is not and does not profess to be a code of law or even a law book. However, it is an extremely important source of Mohammedan law.

MUSLIM LAW AS APPLIED AND INTERPRETED IN INDIA

Muslim Personal Law (Shariat) Application Act, 1937 almost abolished the legal authority of custom among the Muslims of British India. The Act is applicable throughout India. It applies to every Muslim, of whatever sect or school, but curiously enough, the word "Muslim" is nowhere defined by it.

MARRIAGE (NIKAH)

Marriage among Muhammadans is not a sacrament, but purely a civil contract; and through it is solemnised generally with recitation of certain verses from the Koran, yet the Muhammadan Law does not positively prescribe any service peculiar to the occasion

DOWER (MAHR)

The term mahr was originally used to signify gifts given to the parents of the wife while Sadka was a gift to the wife herself. The Sadka or dower which was paid in case of regular form of marriage was approved by Islam.

DIVORCE (TALAK)

With the death of husband or wife the marriage tie comes to an end. When the wife dies, the husband may remarry immediately, but in case of husband's death, widow has to wait till the expiry of iddat (4 months and 10 days, or if pregnant, till delivery).

LEGITIMACY AND PARENTAGE (JAYAJ AUR RISHTA)

The concept of legitimacy of children is the direct outcome of the concept of marriage. Society that recognises the institution of marriage also recognises the legitimacy of children born within lawful wedlock; and vice versa, those born outside the wedlock are illegitimate

GUARDIANSHIP (VALAYA)

Since the law of guardianship is mainly based on the Koran, there is little room for differences between the Shia and Sunni Schools in this branch of Muslim jurisprudence.

MAINTENANCE (NAFAQA)

The main principles of maintenance are: (i) A person is to maintenance if he has no property, (ii) is related to the obligor in prohibited degrees, or is the wife or child, and (iii) the obligator is in position to support him

WAQF

The word wakf literally means "detention" and connotes tying up of property in perpetuity.

GIFT (HIBA)

Whereas Muslim Law allows testamentary disposition in the limit of one-third, a gift intervivos (from one living person to another living person) may be made without any restriction; Muslim Law allows a man to give away the whole of his property during his lifetime.

PRE-EMPTION (SHUFA)

Shufa means conjunction, here it denotes the right of the owner of a property which is in conjunction-that is adjacent-to another property. Haq means right. So, haq-shufa means right to subsequent purchase of a property adjacent to own from another fresh purchaser

WILL (WASIYAT)

A will offers to the testator the means of correcting to a certain extent the law of succession, and enabling some of those relatives who are excluded from inheritance to obtain a share in his property, and of recognising the services rendered to him by a stranger.