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Introduction to muslim law, lec 01
- 2. to My Presentation Prepared by: Abdur Rahman Khan LL.B (Hons), (ongoing) BUP
- 3. Introduction to Muslim Law ❑ “Marriage is a term for social relationships of husband and wife” –Web source ❑ “Marriage is a civil contract.” -Muslim Law ❑ “Marriage is a relation where two opposite genders are engaged to enjoy sexual rights legally and obtain a social recognition.” -Neerab ❑ Abdul Qadeer v. Salima, AIR 1940 Peshawar. P 2–3. ❑ Case Note: Marriage is not a sacrament, it is a contract. It was dealt as a measure for providing security to the women in a marriage.
- 4. Classification of Marriage ❑ Valid marriage: when all essentials of marriage are duly fulfilled. ❑ Void marriage: when not fulfilled. ❑ Munshi vs. Mst. Alam Bibi, AIR 1932 Lah. 280. When perpetual prohibition from marriage due to non-adherence of a condition…. ❑ Tanjela Bibi v. Bajrul Sheikh, 1986 Cri. L. R. (Cal) 222. marriage with a woman who is pregnant from before….. ❑ Irregular marriage: In Ata Mohammed. v. Saiqul Bibi, 1910 8 ALJ 953. marriage is temporarily prohibited and not certainly restricted…
- 5. Sources of Muslim Law ❑ Quran: Speech by Allah or Rules of Allah ❑ Sunna: Activities and speech by Prophet Muhammad (sm) ❑ Ijma: Consensus by Islamic jurists ❑ Quiyas: Analogical deductions ❑ Custom: Local practice or tradition, not recognized by Muslim law ❑ Judicial decision: verdict by privy council or country apex court ❑ Legislation: various types of Acts i.e. MFLO etc. ❑ Equity, Justice, & Good conscience: doctrine of equity, principles etc.
- 6. Schools of Muslim Law ❖ Hanafi school: founded by Abu Hanafi, codified from Quran, ignoring customs, very facile and clear, found in Iraq, India, Egypt, Pakistan etc. ❖ Maliki school: property of wife in marriage should be owned and maintained by her husband due to this disability. North Africa, Spain etc. ❖ Shaefi school: wife in matrimony was not a free tool. if adult, consent taken by her parents. Indonesia, Malaysia, Philippines etc. ❖ Hanbali school: known well adhering to the customs laid down by the prophet, followed ijmas, found in Quatar, Saudi Arabia etc.
- 8. Thank You