Muslim Law

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HomeBrud.gifFamily LawBrud.gifMuslim Law / Islam Law

The Muslim Law or Islam Law (or the Law of Allah) is a part of Family Law. It is a personal law and a branch of civil law that is applied by courts in regard to family matters when the parties are muslims.

  • Muslim Law is called Sharia (Shariah or Syariah) in Arabic.
  • Fiqh = understanding of details and refers to the inferences drawn by scholars
  • Sharia = Refers to the principles that lie behind the fiqh.
  • The word 'Muslim' is derived from the word 'Islam' and signifies a person who adopts the faith of Islam.
  • Muslim Law in general draws no distinction between religious life and secular life.

Topics on Muslim Law

Origin of Muslim Law

Muslim Law or the Islamic Law is believed to have been originated from the divine. The Divine communicated it to Prophet Muhammad who prescribed them in Quran. In the later days, the disciples of Prophet Muhammad (or Muslim jurists) have refined and polished these principles. The provisions of Quran are vast and dealt with almost all aspects of human life.

    • Who is a Muslim?
    • To whom does Muslim Law apply?
    • When is Muslim law not applied to Muslims?
    • When is Muslim law applied to non-Muslims?
    • Fiqh and Shariat

Schools of Muslim Law

  • Sunni School
  • Shia School
  • Motazila Muslims

Sources of Muslim Law

  • Quaran as the source of Muslim Law
  • Primary and Secondary Sources
  • Customs
  • Judicial Decisions
  • Legislation

Marriage

  • Polygamy nature of Muslim marriage
  • Essentials of a Muslim marriage
  • Iddat
  • Kinds of marriage
  • Irregular marriage
  • Muta marriage
  • Restitution of conjugal rights

Dower

  • Concept of Dower
  • Proper Dower
  • Specified Dower
  • Prompt and deferred dower
  • Remission of dower
  • Rights of dower

Dissolution of Marriage

  • Divorce by husband
  • Talaq
  • Kinds of talaq
  • Ila
  • Zihar
  • Divorce by wife
  • Delegated talaq
  • Divorce by mutual concent

Parentage and Legitimacy

  • Parentage
  • Maternity
  • Paternity
  • Legitimacy
  • Presumption of legitimacy under Islamic Law
  • Acknowledgement of paternity
  • Adoption according to Islamic Law
  • Differences between Adoption and Acknowledgement

Guardianship

  • Types of Guardians according to Islamic Law
    • Natural Guardian
    • Testamentary Guardian
    • Guardian appointed by Court
    • De-facto Guardian
  • Powers and functions of Guardians
  • Mother's rights of custody (Hizanat) of child
  • Father's rights of custody (Hizanat) of child
  • Custody of Illegitimate Child
  • Custody of Minor Wife
  • Guardianship for marriage
  • Guardianship of property

Maintenance

  • Maintenance of Wife
  • Maintenance of Divorced Wife
  • Maintenance of Widow
  • Maintenance of Children
  • Maintenance of Illegitimate Children
  • Maintenance of Parents
  • Maintenance of Relatives
  • Maintenance of Daughter-in-law

Gift (Hiba)

  • Definition of Hiba
  • Constitutional validity of Hiba
  • Declaration of Gift
  • Acceptance of Gift
  • Gift to a child in womb
  • Gift to a juristic person
  • Gift to a Minor or lunatic
  • Gift through a trust
  • Gift of insurance policy or life estate
  • Gift of dower
  • Gift of services
  • Doctrine of Musha
  • Conditional and Contingent Gifts
  • Revocation of gifts
  • Irrecoverable gifts

Wills

  • Definition of a Will
  • Essential conditions of a will
  • Joint legatee
  • Lapse of legacy
  • Subject-matter of will
  • Abatement of legacies
  • Conditional and Contingent Will
  • Revocation of wills
  • Death-bed gifts
  • Death-bed acknowledgement of gifts

Waqfs

  • Definition of Waqfs
  • Essentials of a valid Waqf
  • Waqf by non-muslim
  • Waqf of Musha
  • Difference between Waqfs and Trust
  • Doctrine of Cyprus
  • Modes of creation of Waqf
  • Muslim religious endowments
  • Public and private mosques
  • Idga
  • Khankah
  • Imambara
  • Qbristan

Pre-emption

  • Doctrine of Pre-emption
  • Essential elements of Pre-emption

Administration of Estates

  • Executor and Administrator
  • Vesting of the estates
  • Payment of debts
  • Widow as creditor
  • Legatee's liability

Inheritance

  • Pre-Islamic Customs
  • Islamic Reforms
  • General principles of Islamic inheritance
  • Sharers
  • Doctrine of Increase
  • Doctrine of Return
  • Differences between Sunni and Shia law of inheritance

Related Statutes

Indian Muslim Law

Acts

Rules

  • Muslim Women (Protection of Rights on Divorce) Rules, 1986

Related Cases / Recent Cases / Case Law

  • Shamima Farooqui v Shahid Khan, Criminal Appeal Jurisdiction, Criminal Appeal No. 564-565 OF 2015, Supreme Court of India judgement dated April 6, 2015. The case dealt with the applicability of Section 125 of CrPC in regard to muslim women.
  • V Sreeramachandra Avadhani (D) by LRS v Shaik Abdul Rahim and Another, Civil Appeal Jurisdiction, Civil Appeal No 2364 OF 2005, Supreme Court of India judgement dated August 21, 2014 dealt with Muslim Law and the concept of Gift Deed
  • Danial Latifi and Others v Union of India, J 2001 (8) SC 218 held the constitutional validity of Muslim Women (Protection of Rights on Divorce) Act, 1986
  • Shamim Ara v State of Uttar Pradesh, AIR 2002 SC 3551 held that for an effective and valid talaq, it must be actually pronounced and declared by the husband

See Also