Student Series Understanding and notes of topic Marriage Nikah & Mehar Dower in Mohammden Law, Islamic Law/Shariat as per the KSLU Syllabus and avaiable authorities.
Mahr is an obligation for the husband to pay a sum of money or property to his wife at the time of marriage according to Islamic law. It differs from dowry which is property brought by the bride. Mahr can be prompt (paid at marriage) or deferred (paid later). The wife has a legal right to mahr which she can enforce through the courts by filing a lawsuit within 3 years. Case law has established that the wife can refuse conjugal relations until prompt mahr is paid, even if the marriage was previously consummated. The courts also have discretion to make restitution of conjugal rights conditional on payment of unpaid prompt mahr.
The document discusses the concept of dower or mehr in Islamic marriages. It defines dower as property or money that the husband promises to pay the wife upon marriage. Dower can be prompt (payable immediately) or deferred (payable later, such as upon divorce or the husband's death). The document outlines different types of dower under Islamic law - specified dower where an amount is agreed upon, and customary dower where no amount is specified and it is based on local customs. It also discusses rules around payment of dower and the wife's ability to claim it.
General principles of inheritance under Muslim law - Rules relating to Islami...Legal
The document discusses the general principles of succession and inheritance under Muslim law. It provides details on:
1. The nature of heritable property under Muslim law, which does not distinguish between different types of property like movable/immovable. All property owned by the deceased can be inherited.
2. Muslim law does not recognize the concept of joint family property or right by birth, and inheritance rights only arise after death.
3. The doctrine of representation allowing a deceased's child to inherit in their place is not recognized under Muslim law. The nearer heir excludes the remoter heir.
4. Succession can be distributed per capita (equally divided heads) or per strips (available to the branch of
The document discusses void marriages under the Hindu Marriage Act of 1955. It defines a void marriage as one that contravenes sections 5(i), 5(iv), or 5(v) of the Act. Section 5(i) prohibits a marriage if either party already has a living spouse. Section 5(iv) prohibits a marriage within a degree of prohibited relationship, unless permitted by custom. Section 5(v) prohibits a marriage between sapindas, or close kin, unless permitted by custom. A marriage that violates any of these conditions can be declared void by court decree under section 11 of the Act.
Nature of parsi and christian marriageapoorvalegal
This document provides an overview of marriage under Parsi and Christian law in India. It defines Parsis as Zoroastrians who settled in India to escape persecution in Persia and follow the teachings of good thoughts, words and deeds. Christians are defined as those who are baptized. Both Parsi and Christian marriages are considered contracts, though Parsi marriages require an additional religious ceremony. The document outlines grounds for divorce and judicial separation under both legal systems, such as adultery, desertion, and cruelty. It concludes that while personal laws differ in rights, a Uniform Civil Code could help curb inequality and solidify India as a secular state.
This document discusses the legal concepts of bailment and pledge. Bailment involves the delivery of property into temporary custody of another for a specific purpose, with ownership remaining with the bailor. Essential elements of bailment include a contract, physical delivery of goods, a specific purpose, and a change in possession but not ownership. Pledge differs in that goods are delivered as security for payment of a debt, with the pledgee able to sell the goods to recover the debt value if needed.
Dower refers to financial assets or property given by a husband to his wife at the time of marriage. There are two types of dower under Islamic law: specified dower, where an amount is fixed in the marriage contract, and unspecified dower, where the wife's social status and qualifications determine the amount. Specified dower can be prompt, paid immediately, or deferred, paid later after divorce or the husband's death. The objectives of dower include imposing an obligation on the husband to respect his wife, limiting a husband's ability to divorce capriciously, and providing for the wife's security if the marriage ends.
Mahr is an obligation for the husband to pay a sum of money or property to his wife at the time of marriage according to Islamic law. It differs from dowry which is property brought by the bride. Mahr can be prompt (paid at marriage) or deferred (paid later). The wife has a legal right to mahr which she can enforce through the courts by filing a lawsuit within 3 years. Case law has established that the wife can refuse conjugal relations until prompt mahr is paid, even if the marriage was previously consummated. The courts also have discretion to make restitution of conjugal rights conditional on payment of unpaid prompt mahr.
The document discusses the concept of dower or mehr in Islamic marriages. It defines dower as property or money that the husband promises to pay the wife upon marriage. Dower can be prompt (payable immediately) or deferred (payable later, such as upon divorce or the husband's death). The document outlines different types of dower under Islamic law - specified dower where an amount is agreed upon, and customary dower where no amount is specified and it is based on local customs. It also discusses rules around payment of dower and the wife's ability to claim it.
General principles of inheritance under Muslim law - Rules relating to Islami...Legal
The document discusses the general principles of succession and inheritance under Muslim law. It provides details on:
1. The nature of heritable property under Muslim law, which does not distinguish between different types of property like movable/immovable. All property owned by the deceased can be inherited.
2. Muslim law does not recognize the concept of joint family property or right by birth, and inheritance rights only arise after death.
3. The doctrine of representation allowing a deceased's child to inherit in their place is not recognized under Muslim law. The nearer heir excludes the remoter heir.
4. Succession can be distributed per capita (equally divided heads) or per strips (available to the branch of
The document discusses void marriages under the Hindu Marriage Act of 1955. It defines a void marriage as one that contravenes sections 5(i), 5(iv), or 5(v) of the Act. Section 5(i) prohibits a marriage if either party already has a living spouse. Section 5(iv) prohibits a marriage within a degree of prohibited relationship, unless permitted by custom. Section 5(v) prohibits a marriage between sapindas, or close kin, unless permitted by custom. A marriage that violates any of these conditions can be declared void by court decree under section 11 of the Act.
Nature of parsi and christian marriageapoorvalegal
This document provides an overview of marriage under Parsi and Christian law in India. It defines Parsis as Zoroastrians who settled in India to escape persecution in Persia and follow the teachings of good thoughts, words and deeds. Christians are defined as those who are baptized. Both Parsi and Christian marriages are considered contracts, though Parsi marriages require an additional religious ceremony. The document outlines grounds for divorce and judicial separation under both legal systems, such as adultery, desertion, and cruelty. It concludes that while personal laws differ in rights, a Uniform Civil Code could help curb inequality and solidify India as a secular state.
This document discusses the legal concepts of bailment and pledge. Bailment involves the delivery of property into temporary custody of another for a specific purpose, with ownership remaining with the bailor. Essential elements of bailment include a contract, physical delivery of goods, a specific purpose, and a change in possession but not ownership. Pledge differs in that goods are delivered as security for payment of a debt, with the pledgee able to sell the goods to recover the debt value if needed.
Dower refers to financial assets or property given by a husband to his wife at the time of marriage. There are two types of dower under Islamic law: specified dower, where an amount is fixed in the marriage contract, and unspecified dower, where the wife's social status and qualifications determine the amount. Specified dower can be prompt, paid immediately, or deferred, paid later after divorce or the husband's death. The objectives of dower include imposing an obligation on the husband to respect his wife, limiting a husband's ability to divorce capriciously, and providing for the wife's security if the marriage ends.
The Special Marriage Act of 1954 provides a framework for marriage between two individuals in India regardless of religion. Key provisions include allowing those of sound mind over 18/21 to marry without religious restrictions, a notice and objection period overseen by a Marriage Officer, and a process for solemnizing the marriage that includes declarations and certificates. The Act also establishes grounds for void, voidable, and dissolved marriages as well as judicial separation and divorce, with succession governed by the Indian Succession Act of 1925.
Nikah refers to the Islamic marriage contract entered into by a man and woman in the presence of witnesses. Divorce in Islam involves the husband pronouncing talaq, meaning "I divorce you", to dissolve the marriage. There are several forms of talaq and conditions for a valid divorce according to Islamic law. Talaq aims to dissolve the marriage in a peaceful manner, though divorce is generally discouraged and settlement encouraged.
This document summarizes the concept of dower under Muslim law. It defines dower as a sum of money or property promised or given by the husband to the wife at marriage. If no dower amount is specified, customary dower applies based on similar marriages. The wife has a legal right to prompt dower payment and can refuse cohabitation or sue if it is unpaid. Dower is the wife's sole right and she decides how to use it without husband interference. Differences between Shia and Sunni law regarding minimum/maximum dower amounts and entitlement if marriage is not consummated are also outlined.
This document discusses dowry deaths in India. It begins with an introduction stating that dowry is unique to the Indian subcontinent and has led to the exploitation and abuse of women. The aims and objectives section states that the project will examine interpretations of the term "soon before death" as it relates to dowry death charges. Several case studies are presented that discuss different court interpretations of the "soon before death" clause. The conclusions note that this clause has been criticized as it can be difficult to prove cruelty occurred close enough to the woman's death. Suggestions are made to better educate people about dowry death laws and empower women.
Mahr (Muslim Law) Presentation by N Muthukrishnan, Ph.Dssuserf37138
This document summarizes Muslim (mahr) law regarding marriage obligations in India. It defines mahr as the payment from husband to wife required by Muslim marriage, which can be prompt or deferred. It discusses the kinds of mahr (specified, unspecified), quantum (no fixed amount but guidelines by school of law), enforcement through lawsuit, and case law establishing that prompt mahr can be demanded before cohabitation and courts may require payment for restitution of conjugal rights.
Matrimonial Remedies Under Hindu Marriage Act,1955Rashmi Dubey
This document discusses the Hindu Marriage Act of 1955 and the matrimonial remedies it provides. It focuses on the remedy of restitution of conjugal rights under Section 9 of the Act. This allows an aggrieved spouse to petition the court if the other spouse withdraws from their society without reasonable excuse. The document discusses what constitutes a valid withdrawal, reasonable excuses, cases related to employment interfering with marital obligations, and that reasons must be weighed based on circumstances in modern times.
This document discusses the different modes of Talaq or divorce in Islam. There are four main types: Talaq-ul-Sunnat (revocable), Talaq-ul-Bidaat (irrevocable), Talaq Ahasan (most proper), and Talaq Hasan (proper). Talaq-ul-Sunnat allows for reconsideration of the divorce, while Talaq-ul-Bidaat does not allow reconsideration and dissolves the marriage instantly. Talaq Ahasan and Talaq Hasan follow the traditions of the Prophet and allow time periods for reconsideration before the divorce is made final. The document also discusses Tala
The document summarizes the main schools of Muslim law. It begins by explaining that after the death of the Prophet Muhammad, two views emerged on succession: the Sunni view supporting election and the Shia view supporting inheritance by relatives. This led to the formation of the two main schools - Sunni and Shia.
The Sunni school is then divided into four sub-schools founded in different regions: Hanafi in Iraq, Maliki in Medina, Shafi'i in Egypt, and Hanbali in Saudi Arabia. The Shia school was founded by Imam Jafar as Sadik and is divided into Ismailis, Athna Asharis, and Zaidis. Each school's
1. Muslim marriage is regarded as a civil contract under Islamic law, requiring proposal and acceptance between the parties.
2. For a marriage to be valid, there must be free consent between competent parties who are not within prohibited degrees of relationship, such as parents and siblings.
3. Marriages can be classified as valid, void, or irregular depending on whether essential conditions are met. While valid marriages fulfill all conditions, void marriages are prohibited and irregular marriages are neither fully valid nor void.
The document discusses the sources of Muslim law, which can be categorized as ancient, customary, and modern sources. The four ancient sources accepted by all Muslim law schools are the Quran, Sunnah, Ijma, and Qiyas. Custom was also an important source historically but was superseded by the Sharia Act of 1937. Modern sources that have influenced Muslim law include principles of equity and justice, judicial precedents, and legislation during the British colonial period.
The term estoppel is said to have been derived from the French term 'estoup' which means 'shut the mouth'.
The doctrine of estoppel is a rule of evidence contained in Section 115 of the Evidence Act.
This document discusses the differences between judicial separation and divorce under Hindu law in India. It notes that judicial separation allows spouses to stop living together while still being legally married, and is intended to give the parties time to reconcile. Divorce, on the other hand, legally ends the marriage and terminates all rights and obligations between spouses, allowing them to remarry. The grounds for both judicial separation and divorce are the same and include adultery, cruelty, desertion, conversion, insanity, disease, renouncing the world, and not being heard of for seven years.
Difference of will under hindu and muslims lawsHPNLU, Shimla
Hindu and Muslim laws have key differences in succession and wills. Hindu law is governed by statutes like the Hindu Succession Act and Indian Succession Act, which allow any person of sound mind to make a will transferring their property after death. Muslim law derives from the Quran and Sharia, restricting wills to 1/3 of property with heirs' consent. Unlike Hindu law, Muslim law has the concept of "MarzUlMaut" or deathbed gifts. Revocation of wills is also treated differently, with Hindu law requiring formal revocation and Muslim law allowing oral or implied revocation.
Many Centuries ago, Christians came to India and settled in this country when East India Company assumed ruling power in India and established its own courts. With the establishment of the Supreme Courts, the Common Law of England was made applicable to India on many subjects including marriage and divorce among the Christian community, on the ground that it
was based on the principle of equity, justice and good conscience.
This document discusses wills, including what a will is, types of wills, how to prepare a will, who can make a will, reasons to make a will, executors, and registering wills. A will outlines wishes for property distribution and minor children upon death. There are unprivileged and privileged wills, with different requirements depending on the testator's occupation. Preparing a will involves gathering information about the testator and beneficiaries. Anyone of sound mind can make a will. Reasons to make a will include clearly defining who receives assets, controlling who benefits, choosing guardians, and reducing estate taxes. Executors carry out the testator's wishes, and a will can be registered for additional legal
Marriage Patterns of Muslim’s with Special reference to Mehr as Women’s Propertyinventionjournals
ABSTRACT: Marriage is regarded all over the world as a social institution, whether considered as a sacrament or as a contract. Marriage, apart from giving rise to certain mutual rights and obligations, confers the status of husband and wife on the parties, and of legitimacy of their children. Marriage is more than simply a legalised sexual union between a man and a woman; it is socially acknowledged and approved relationship. In India, people generally believe that marriage is not between two individuals, but it is between two families in terms of bonds that it creates between them. The paper focuses on the marriage patterns of Muslim’s with special reference to mehr as women’s property.
Islamic personal law governs family matters for Muslims, regardless of location. It is based on both divine law from the Quran and Hadith and laws created by man. The introduction discusses key aspects of Islamic personal law like marriage, divorce, custody, and inheritance. Marriage in Islam is strongly advocated and intended to establish families as the basic unit of society. It allows polygamy with conditions but prohibits polyandry. The outline provided covers laws related to marriage, dowry, divorce, post-divorce obligations, child custody, and determining parentage.
The Special Marriage Act of 1954 provides a framework for marriage between two individuals in India regardless of religion. Key provisions include allowing those of sound mind over 18/21 to marry without religious restrictions, a notice and objection period overseen by a Marriage Officer, and a process for solemnizing the marriage that includes declarations and certificates. The Act also establishes grounds for void, voidable, and dissolved marriages as well as judicial separation and divorce, with succession governed by the Indian Succession Act of 1925.
Nikah refers to the Islamic marriage contract entered into by a man and woman in the presence of witnesses. Divorce in Islam involves the husband pronouncing talaq, meaning "I divorce you", to dissolve the marriage. There are several forms of talaq and conditions for a valid divorce according to Islamic law. Talaq aims to dissolve the marriage in a peaceful manner, though divorce is generally discouraged and settlement encouraged.
This document summarizes the concept of dower under Muslim law. It defines dower as a sum of money or property promised or given by the husband to the wife at marriage. If no dower amount is specified, customary dower applies based on similar marriages. The wife has a legal right to prompt dower payment and can refuse cohabitation or sue if it is unpaid. Dower is the wife's sole right and she decides how to use it without husband interference. Differences between Shia and Sunni law regarding minimum/maximum dower amounts and entitlement if marriage is not consummated are also outlined.
This document discusses dowry deaths in India. It begins with an introduction stating that dowry is unique to the Indian subcontinent and has led to the exploitation and abuse of women. The aims and objectives section states that the project will examine interpretations of the term "soon before death" as it relates to dowry death charges. Several case studies are presented that discuss different court interpretations of the "soon before death" clause. The conclusions note that this clause has been criticized as it can be difficult to prove cruelty occurred close enough to the woman's death. Suggestions are made to better educate people about dowry death laws and empower women.
Mahr (Muslim Law) Presentation by N Muthukrishnan, Ph.Dssuserf37138
This document summarizes Muslim (mahr) law regarding marriage obligations in India. It defines mahr as the payment from husband to wife required by Muslim marriage, which can be prompt or deferred. It discusses the kinds of mahr (specified, unspecified), quantum (no fixed amount but guidelines by school of law), enforcement through lawsuit, and case law establishing that prompt mahr can be demanded before cohabitation and courts may require payment for restitution of conjugal rights.
Matrimonial Remedies Under Hindu Marriage Act,1955Rashmi Dubey
This document discusses the Hindu Marriage Act of 1955 and the matrimonial remedies it provides. It focuses on the remedy of restitution of conjugal rights under Section 9 of the Act. This allows an aggrieved spouse to petition the court if the other spouse withdraws from their society without reasonable excuse. The document discusses what constitutes a valid withdrawal, reasonable excuses, cases related to employment interfering with marital obligations, and that reasons must be weighed based on circumstances in modern times.
This document discusses the different modes of Talaq or divorce in Islam. There are four main types: Talaq-ul-Sunnat (revocable), Talaq-ul-Bidaat (irrevocable), Talaq Ahasan (most proper), and Talaq Hasan (proper). Talaq-ul-Sunnat allows for reconsideration of the divorce, while Talaq-ul-Bidaat does not allow reconsideration and dissolves the marriage instantly. Talaq Ahasan and Talaq Hasan follow the traditions of the Prophet and allow time periods for reconsideration before the divorce is made final. The document also discusses Tala
The document summarizes the main schools of Muslim law. It begins by explaining that after the death of the Prophet Muhammad, two views emerged on succession: the Sunni view supporting election and the Shia view supporting inheritance by relatives. This led to the formation of the two main schools - Sunni and Shia.
The Sunni school is then divided into four sub-schools founded in different regions: Hanafi in Iraq, Maliki in Medina, Shafi'i in Egypt, and Hanbali in Saudi Arabia. The Shia school was founded by Imam Jafar as Sadik and is divided into Ismailis, Athna Asharis, and Zaidis. Each school's
1. Muslim marriage is regarded as a civil contract under Islamic law, requiring proposal and acceptance between the parties.
2. For a marriage to be valid, there must be free consent between competent parties who are not within prohibited degrees of relationship, such as parents and siblings.
3. Marriages can be classified as valid, void, or irregular depending on whether essential conditions are met. While valid marriages fulfill all conditions, void marriages are prohibited and irregular marriages are neither fully valid nor void.
The document discusses the sources of Muslim law, which can be categorized as ancient, customary, and modern sources. The four ancient sources accepted by all Muslim law schools are the Quran, Sunnah, Ijma, and Qiyas. Custom was also an important source historically but was superseded by the Sharia Act of 1937. Modern sources that have influenced Muslim law include principles of equity and justice, judicial precedents, and legislation during the British colonial period.
The term estoppel is said to have been derived from the French term 'estoup' which means 'shut the mouth'.
The doctrine of estoppel is a rule of evidence contained in Section 115 of the Evidence Act.
This document discusses the differences between judicial separation and divorce under Hindu law in India. It notes that judicial separation allows spouses to stop living together while still being legally married, and is intended to give the parties time to reconcile. Divorce, on the other hand, legally ends the marriage and terminates all rights and obligations between spouses, allowing them to remarry. The grounds for both judicial separation and divorce are the same and include adultery, cruelty, desertion, conversion, insanity, disease, renouncing the world, and not being heard of for seven years.
Difference of will under hindu and muslims lawsHPNLU, Shimla
Hindu and Muslim laws have key differences in succession and wills. Hindu law is governed by statutes like the Hindu Succession Act and Indian Succession Act, which allow any person of sound mind to make a will transferring their property after death. Muslim law derives from the Quran and Sharia, restricting wills to 1/3 of property with heirs' consent. Unlike Hindu law, Muslim law has the concept of "MarzUlMaut" or deathbed gifts. Revocation of wills is also treated differently, with Hindu law requiring formal revocation and Muslim law allowing oral or implied revocation.
Many Centuries ago, Christians came to India and settled in this country when East India Company assumed ruling power in India and established its own courts. With the establishment of the Supreme Courts, the Common Law of England was made applicable to India on many subjects including marriage and divorce among the Christian community, on the ground that it
was based on the principle of equity, justice and good conscience.
This document discusses wills, including what a will is, types of wills, how to prepare a will, who can make a will, reasons to make a will, executors, and registering wills. A will outlines wishes for property distribution and minor children upon death. There are unprivileged and privileged wills, with different requirements depending on the testator's occupation. Preparing a will involves gathering information about the testator and beneficiaries. Anyone of sound mind can make a will. Reasons to make a will include clearly defining who receives assets, controlling who benefits, choosing guardians, and reducing estate taxes. Executors carry out the testator's wishes, and a will can be registered for additional legal
Marriage Patterns of Muslim’s with Special reference to Mehr as Women’s Propertyinventionjournals
ABSTRACT: Marriage is regarded all over the world as a social institution, whether considered as a sacrament or as a contract. Marriage, apart from giving rise to certain mutual rights and obligations, confers the status of husband and wife on the parties, and of legitimacy of their children. Marriage is more than simply a legalised sexual union between a man and a woman; it is socially acknowledged and approved relationship. In India, people generally believe that marriage is not between two individuals, but it is between two families in terms of bonds that it creates between them. The paper focuses on the marriage patterns of Muslim’s with special reference to mehr as women’s property.
Islamic personal law governs family matters for Muslims, regardless of location. It is based on both divine law from the Quran and Hadith and laws created by man. The introduction discusses key aspects of Islamic personal law like marriage, divorce, custody, and inheritance. Marriage in Islam is strongly advocated and intended to establish families as the basic unit of society. It allows polygamy with conditions but prohibits polyandry. The outline provided covers laws related to marriage, dowry, divorce, post-divorce obligations, child custody, and determining parentage.
The document discusses the Islamic concept of marriage. It begins by defining marriage and outlining its purposes in Islam, which include companionship, procreation, and protecting morality. The document then examines the nature of marriage as a contractual relationship in Islamic law and outlines the various elements required for a valid marriage contract according to different Islamic legal schools, including offer and acceptance between the partners. The document also discusses the legal status and purposes of marriage in Islam and modern legislation. It concludes by noting recent discussions around stipulations that can be included in marriage contracts to empower women.
These personal laws govern concepts like divorce, maintenance, custody and restitution of conjugal rights (RCR).
In this blog post, we shall discuss the basic concepts of RCR and the procedure to be followed while filing for a petition of RCR. This blog post will also look into the constitutional debate of the validity of this concept in the modern scenario.
CONCEPT OF MARRIAGE IN ISLAM
Marriage is an integral part of a Muslim’s life, indeed it is too important in our religion Islam that it is considered to be one half of one’s Faith. Islam is not like the other religions that support and promote monasticism or celibacy, but it is a just religion and it takes the middle way in sexual relations, it neither allows it freely, nor does it condemn it like the other certain religions. Marriage is a great virtue and a means of salvation in our religion (Islam). It is our religious duty and a moral safeguard. Marriage is a contract made by male and female to live together as wife and husband and a tie that strengthen their relationship. It is because of this holy tie that families are established in our societies and communities. Moreover, it is the lawful and legitimate way to indulge in intimacy between a man and woman.
Family law in Pakistan and historical backgroundShakir Ali
This document provides an overview of family laws in Pakistan under Muslim personal law. It discusses the sources of Islamic law including the Quran, Sunnah, Ijma, Qiyas, and Urf. It outlines the process of registering marriages and key aspects like consent, mahr, and witnesses. It also discusses dissolution of marriages through talaq (divorce by the husband) or khula (divorce initiated by the wife). Reforms have introduced arbitration councils and notice periods. Dower is explained as the wife's financial rights from marriage either as prompt or deferred payment.
Hindu marriage is considered both a sacrament and a civil contract under Hindu law. It is a lifelong commitment that joins two individuals for religious and social purposes. Ancient texts describe it as indissoluble and sacred, but modern laws allow for divorce and widow remarriage. For a marriage to be valid, conditions such as monogamy, absence of close blood relations between the partners, and performance of marriage ceremonies must be met.
The Journey of Religion and Religious Practices in the case of Triple Talaq: Pallavi Devi
This document summarizes the journey of religious practices in India related to triple talaq, from the Narasu Appa Mali case to the Sharaya Bano case. It discusses key concepts in Muslim marriage law like Mahr and the concept of talaq. It outlines the observations made in the Narasu Appa Mali case that personal laws were considered immutable. The Sharaya Bano case in 2017 declared triple talaq unconstitutional, though some judges upheld its validity. The conclusion was that the view in Narasu Appa Mali was wrongly considered and the constitution envisions social transformation of religious practices.
The Muslim Marriage Act in India frames the legal guidelines for marriage according to Islamic traditions, requiring that both parties be Muslim. A Muslim marriage is considered a contract that requires a proposal and acceptance. The Act recognizes divorce through Talaq, Ila, or Zihar, which respectively allow immediate or eventual dissolution of marriage, abstention from the spouse through a vow, or dissolution if the spouse is compared to a prohibited relation.
This document discusses Muslim law and the concept of conversion to Islam. It defines a Muslim as someone who submits to the will of God and acknowledges Muhammad as the final prophet. Conversion to Islam can occur by birth if one parent is Muslim, by voluntary declaration of faith, or marriage to a Muslim. The key requirements of conversion are declaring the statement of faith that there is no god but Allah and Muhammad is his prophet. Marriage and family life are highly valued in Islam and marriage under Muslim law establishes the legitimacy of sexual relations and children.
Muslim women have certain rights to maintenance from their husbands under Islamic law. Marriage in Islam is intended to fulfill religious duties as well as for emotional and sexual needs. A wife has a right to interim and permanent maintenance if she refuses her husband access for legal reasons, due to a prenuptial agreement, or if she lives separately due to cruel treatment or non-payment of dowry. This was demonstrated in the 1985 Indian Supreme Court case of Mohd. Ahmed Khan v. Shah Bano Begum, which placed Muslim women's rights to maintenance on equal footing with Hindu women's rights.
Effective Protection of Muslim Women under Family Law in Iran and IndiaAMU
This document discusses family laws in Iran and India as they relate to Muslim women's rights. It notes that Muslim women face discrimination under these laws, including minimum marriage ages, need for guardian permission to marry, polygamy, lack of women's autonomy, inheritance discrimination, and lack of domestic violence laws. Both Iran and India have laws that restrict Muslim women's rights in marriage and personal freedoms. The document argues that reforms are needed to these family laws to better protect Muslim women's rights and empower them to have equal status as men.
The islamic perspective on family and marriageAmmar farooq
The document discusses family and marriage from an Islamic perspective. It defines a Muslim family as consisting of a legally married couple and their children, including extended relatives. Marriage in Islam is viewed as an important religious obligation that fulfills half of one's faith and is intended to create mutual love and comfort between spouses. The document outlines Islamic teachings on selecting a spouse, the rights and responsibilities of husbands and wives, importance of consent for marriage, and benefits of marriage such as sustaining one's partner and producing offspring.
Durjo y's research on Dower rights of bd womenDurjoY Barua
This document provides an overview of a research monograph on the topic of dower rights of Muslim women in Bangladesh. It contains 7 chapters that discuss the Islamic background of dower, legal provisions regarding dower, and the reality of dower rights in Bangladeshi society. The introduction defines dower and outlines the aims of studying this topic. It also lists the research questions and methodology used, which includes analysis of primary legal sources and secondary materials. The table of contents previews the subtopics covered in each chapter.
Edward Westermark. “Marriage is a relation of one or more men to one or more women which is recognised by custom or law and involves certain rights and duties both in the case of the parties entering the union and in the case of the children born of it.
As B. Malinowski defines, “Marriage is a contract for the production and maintenance of children”.
According H.M. Johnson, “Marriage is a stable relationship in which a man and a woman are socially permitted without loss of standing in community, to have children”.
Ira L. Reiss writes, “Marriage is a socially accepted union of individuals in husband and wife roles, with the key function of legitimating of parenthood”.
This document discusses Shariah law and its sources and applicability in modern times. It outlines four main elements/sources of Shariah law: the Quran, hadiths, ijma (consensus of Islamic scholars), and qiyas (analogical reasoning). It also describes three categories of crimes under Shariah law - hadd (fixed punishments for offenses against God), qisas (equivalence law for intentional injuries), and tazir (discretionary punishments). The document aims to explain the concept of hudud (hadd crimes/punishments) and its suitability today given criticisms of its implementation.
The document discusses several aspects of Muslim wedding customs and principles of family life. It explains that marriage in Islam is a legal contract between a man and woman witnessed by others. It also discusses the practice of polygyny, where a man can have up to four wives at once if he is able to support them equally. The document notes that while polygyny is allowed in Islam, it is rare in many Muslim societies today. It also outlines some rights and responsibilities within Islamic families, including the wife's role in caring for the home and children.
Islamic law of inheritance (faraid) in malaysiaan nur
The document discusses Islamic inheritance law (faraid) in Malaysia. It provides definitions of faraid, which refers to the section of Islamic law that deals with distributing a deceased person's estate according to the Quran and hadith. Faraid establishes fixed shares for legal heirs. The document outlines how faraid reformed old inheritance systems by giving rights to female heirs and establishing fixed portions. It also discusses how faraid is applied in Malaysia according to sharia law, with states issuing enactments on faraid administration.
A Critical Study of ICC Prosecutor's Move on GAZA WarNilendra Kumar
ICC Prosecutor Karim Khan's proposal to its judges seeking permission to prosecute Israeli leaders and Hamas commanders for crimes against the law of war has serious ramifications and calls deep scrutiny.
Indonesian Manpower Regulation on Severance Pay for Retiring Private Sector E...AHRP Law Firm
Law Number 13 of 2003 on Manpower has been partially revoked and amended several times, with the latest amendment made through Law Number 6 of 2023. Attention is drawn to a specific part of the Manpower Law concerning severance pay. This aspect is undoubtedly one of the most crucial parts regulated by the Manpower Law. It is essential for both employers and employees to abide by the law, fulfill their obligations, and retain their rights regarding this matter.