Islamic personal law topics

1. INTRODUCTION TO
ISLAMIC PERSONAL LAW
MARYAM SULTAN

2. What is Islamic personal law?
 Personal law is a law which is applicable to a particular community
 Personal law is the law that governs a person's family matters, usually regardless of
where they go. In civil-law systems, it refers to the law of nationality, in comparison
to territorial law. "The Idea of the personal law is based on the conception of man as
a social being, so that those transactions of his dally life which affect him most
closely in a personal sense, such as marriage, divorce, legitimacy, many kinds of
capacity, and succession, may be governed universally by that system of law deemed
most suitable and adequate for the purpose. (R.H. Graveson, Conflict of Laws188
(7th ed. 1974). (Black's Law Dictionary 8th Ed.)
 E.g, Hindu law, Muslim law
 Divine law and Man-made law e.g Dissolution of Muslim Marriage Act 1939

3.  To understand the traditional law of Islam
 Especially law of Hanafi school in comparison with other school
of thoughts
 How these laws have been altered by statutes or by case laws

4. Outline of Islamic personal law
 Marriage (MFLO, 1961)
 Dower
 Talaq (divorce)
 Iddat
 Maintenance
 Custody of Child (Hidanah)
 Parentage

5. MARRIAGE IN MUSLIM LAW
 Islam, unlike other religions is a strong advocate of marriage. There is no
place of celibacy in Islam like the Roman Catholic priests & nuns. The
Prophet has said There is no Celibacy in Islam.
 It is a social need because through marriage, families are established and
the families are the fundamental entity of our society. Furthermore marriage
is the only legitimate or halal way to indulge in intimacy between a man and
woman. Islamic marriage although permits polygamy but it completely
prohibits polyandry. Polygamy though permitted was guarded by several
conditions by Prophet but these conditions are not obeyed by the Muslims.

6.  General rule accepted by hanafi jurist and many others as sunnah
 Its not an obligation like the 5 arkan of din.
 Companions act of not getting married was not disapproved
 Zahiris state that it is a universal obligation like fasting and prayer (not
considering is sin)
 Al Shafi consider devoted worship is better than marriage, for marriage is
one category of the muamalat
 “Marriage is my sunnah thus he who deviate from my sunnah does not
belong to my people” as sunnah is prior to nawafil
 https://youtu.be/2737K4JWrYs

7. MARRIAGES ACROSS SCHOOL BOUNDRIES??

8. Marriage:-Pre Islamic Position
 Before the birth of Islam there were several traditions in Arab.
These traditions were having several unethical processes like:-
(i) Buying of girl from parents by paying a sum of money.
(ii) Temporary marriages.
(iii) Marriage with two real sisters simultaneously.
(iv) Freeness of giving up and again accepting women

9. Marriage
 Introduction:
 Marriage of 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, contract of marriage, need not to be proved
through a written document.

10. Meaning of marriage
 It’s a wedlock or legalized mutual relation of husband and wife.
Definition of marriage as per hedaya:
“Marriage is defined to be a contract, which has for its object the
procreation and legalization of children”
nature of marriage as per islamic law
 It’s a civil contract
 It’s a religious obligation (sunnah-e-moaqada)

11. 1. Definition of marriage:
Hedeya:
Marriage is defined to be a contract which has for its object the
procreation and legalizing of children.
According to Ameer Ali:
Marriage is an institution ordained for the protection of society, and in
order that human being may guard themselves from foulness and
unchastity.
Abdur Rahim :- The Mahomedan priests regard the
institution of marriage as par taking both the nature of Ibadat or
devotional arts and Muamlat or dealing

12. Importance of marriage
Muhammedan marriage is purely contractual. it is considered a religious duty. it is an
act of Ibadat which is called Sunnat-Muwa-Kkidah.
Prophet (P.B.U.H) said
“If a person is in a position to maintain his wife and give dower he must get himself
married”.
Objects of marriage:
1. To legalize sexual relation of male and female
2. Legitimization of children
3. Performance of religious obligation
4. Protection of social life
5. Preservation of the human race