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Islamic law

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Islamic law

  1. 1. Muslim Personal Law
  2. 2. • Law: is set of rules and regulations, for establishing and maintaining social order. • Who is Muslim: Any person who professes the Islamic religion, that is, acknowledges i) That there is but one God and that Prophet(PBUH) is His last prophet, is a Muslim. • Muslim by Birth: It means that the parents of a child are Muslims and he has followed the same religion. • Muslim by Conversion: means that a person has changed his religion and embraced Islam. • Sects: Muslims are divided in to two sects, the Sunnis and the Shias.
  3. 3. • Muslim Personal law: is the branch of an Islamic Law in which we study among family matters such as Marriage, Will, Dower, Waqf, Divorce, Gift etc • Islamic Jurisprudence: Deals with origin of Islamic Law. Its boudary is very vast comparatively family laws. Such as sources of Isamic law Quran, Sunnah etc
  4. 4. • Gift (Hiba): Definition: A hiba or gift is a transfer of property, made immediately, and without any exchange, by one person to another and accepted by or on behalf of the latter. • Hiba means transfer of right of property in substance by one person to another without consideration which is a condition to be fulfilled in order to make a gift valid.
  5. 5. Elements of Gift • Transfer of property. • Immediate transfer. • Without any exchange. • Accepted by himself or on his behalf.
  6. 6. Persons capable of making gift. • Every Mahommdan of sound mind and not a minor may dispose of his property by gift. • Gift in the language of law means a transfer of property immediately and without any exchange. • A donor with affected mental capacity, physical infirmity and old age could not constitute a valid gift. • Gift to unborn person: A gift to a person not yet in existence is void.
  7. 7. • The person who make gift is called donor and to whom gift is made called donee. • Parties to a Gift: i) Donor ii) Donee • Persons who can make Gift: i) Muslim ii) Sound mind iii) Who have attained Majority age. • Disqualification: Minor ii) Unsound Mind (Insane).
  8. 8. Essentials of a valid gift • Subject of Gift must belong to donor. • Subject of Gift must be in existence. • Donor must make gift by his free will. • Gift must be accepted by the donee. • Delivery of possession of the subject matter must be done. • Declaration of gift by the donor.
  9. 9. • Two types of property movable and immovable property. i.e land, goods.

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