Contents

Introduction

Chapter I. Origin and History of Shariat Law 19
Chapter II. Sources of Muslim Law. 32
Chapter III. Schools of Muslim Law (Mad hab). 37
Chapter IV. Applicability of Muslim Law in India. 42
Chapter V. Important Maxims of Islamic Jurisprudence. 44

Part I. Muslim Family Law

Chapter I
MARRIAGE

1 Marriage or Nikah. 49
2 Definition of Marriage. 50
3 Purpose of Marriage. 51
4 Religious aspect of Muslim Marriage. 52
5 Form of Muslim Marriage. 53
6 Legal Effects of Marriage 55
7 Effect of Judicial Decree of Declaration of Marriage. 55
8 Conditions or Requisites of a Contract of Marriage. 56
9 Competency of Marriage. 56
10 Consent for Marriage. 56
11 Completion of Essential Requirements of Marriage. 58
12 Witness for Marriage. 59
13 Prohibited Relations Void and Voidable. 60
14 Class one, Women Prohibited by Reason of Consanguinity 61
15 Class two, Women Prohibited by Reason of Affinity. 62
16 Class three, Women Prohibited by Reason of Fosterage. 63
17 Class four, Women Who Cannot be Lawfully Joined Together. 65
18 Class five, Prohibited by being Involved in the Rights of Others. 66
19 Class six, Women Prohibited by Reason of Polytheism. 66
20 Class seven, Women Prohibited by Reason of Repudiation. 68
21 Consequences of Batil or Void Marriage. 68
22 Consequences of Fazid or Irregular Marriage. 69
23 Guardian or Valiyyu in Marriage. 69
24 Option of Puberty. 70

Chapter II
MAHAR OR DOWER

25 Mahar or Dower defined. 71
26 Proper Mahar. 71
27 Minimum Mahar. 72
28 When Mahar Confirmed or Made Binding. 73
29 Gift of Mahar or Sales in Lieu of Mahar. 74
30 Woman’s Right to Refuse Because of Unpaid Mahar. 74
31 Disputes relating to Mahar. 75
32 Mahar in Unconsummated Marriage. 75
33 Mata-a or Present in Case of Unconsummated Marriage. 76
34 Disputes between Married Parties on Household Articles. 76

Chapter III
MATRIMONIAL REMEDIES

35. Maintenance to Wife. 78
36. Conjugal Rights are Not Legally Enforceable. 78
37. Doing Justice among Wives. 79

Chapter IV
DIVORCE

38. Different kinds of Divorce. 81
39. Thalak or Repudiation. 82
40. Revocable Repudiation (Raja-ee Thalak). 82
41. Irrevocable Repudiation (Ba-in Thalak). 83
42. Modes of Thalak or Repudiation. 84
43. Requirements of a Valid Thalak. 84
44. ‘Idda’ or Period of Waiting in Purity. 92
45. Idda in case of Repudiation or Divorce. 92
46. Idda in a Revocable Talak. 93
47. Ruja-at or Retaining Repudiated wife during ‘Idda’. 95
48. Idda in Irrevocable Thalak and in Other Forms of Divorce. 95
49. Woman who has no Idda on Divorce or Separation. 96
50. Remarriage with Irrevocably Repudiated Wife. 97
51. Idda on Death of Husband. 98
52. Hidad or Laying Aside Ornaments During ‘Idda’. 99
53. Eela-a. 100
54. Lihar 101
55. Li-an. 102
56. Declaratory Decree of Li-an Divorce. 102
57. Talak-e-Thafweez 104
58. Khul-a 104
59. Mubara-ath 106
60. Mazah (Dissolution of Marriage through Decree of Court.) 107
61. Grounds for Fazah. 107
62. Idda on Fazah. 113
63. Remarriage after Fazah. 113

Chapter V
PARENTAGE

64. Maternity. 114
65. Paternity or Nusub. 114
66. Paternity of a Child begotten Under a Semblance of Right. 116
67. Paternity of a Child Begotten Under Mistake or Deception. 116
68. Ikhrar or Acknowledgment. 117
69. Valid Acknowledgments of Parentage and Relationship. 117
70. Adoption is forbidden but Kafala is pious. 119
71. Walad- ul- Zina or Child born on adultery. 120

Chapter VI
HIZANUT OR CUSTODY OF YOUNG CHILDREN

72. Custody of Young Children. 122
73. Custody of Boy. 123
74. Custody of Girl. 123
75. Place of Custody. 124

Chapter VII
MAINTENANCE

76. Maintenance. 126
77. Maintenance of Wives . 126
78. Maintenance of Woman Undergoing Idda. 129
79. Execution of the Decree of Maintenance to Wife. 129
80. Maintenance of Children. 131
81. Maintenance of Adult Daughters and Disabled Sons. 133
82. Maintenance of Parents. 133
83. Maintenance of Grand Parents and Other Relatives. 135

Chapter VIII
WOMEN’S RIGHTS ON DIVORCE

84. Rights of Divorced Muslim Women. 139
85. Maintenance dues for idda 139
86. Reasonable and Fair Provision. 140
87. Maintenance for Nursing Infant Child. 142
88. Return of Mahar. 143
89. Right to Marriage Gifts and Other Gifts. 143
90. Enforcement of the rights of a divorced Muslim Woman. 144
91. Maintenance after Idda and Separation. 145
92. Option to Choose Remedies under Chapter IX of Cr.P.C. 146
93. Transitional Provision. 147

Part II Muslim Law on Property

Chapter IX
GIFT

94. Hiba or Gift Define. 148
95. Constitution of a Gift. 149
96. Conditions of a valid Gift. 150
97. Gift of a Debt. 151
98. Revocation of Gift. 152
99. Irrevocable Gift. 152
100. Gifted Property may Reverse to the Donor. 153
101. Causes that Prevents Revocation of Gifts. 153
102. Revocation Requires Decree of Court or Consent of Donee. 155
103. Effect of Ewas or Exchange in Gift. 156
104. Gift to Minors and Children. 157
105. Effect of Condition in the Gift. 157
106. Amree or Life Grant. 158
107. Gift by the Sick in Death Bed (hiba bi Marz-ul-mouth). 158

Chapter X
PRE-EMPTION

108. Definition of Shufa-a or Pre-emption. 160
109. Persons who are entitled to the Privilege of Pre-emption. 161
110. Necessary Conditions to Claim Pre-emption. 161
111. Preference When Several Persons are Entitled. 163
112. Pre-emption by Contract. 164
113. Demand of Pre-emption. 164
114. Payment of Price in Prosecution of Pre-emption. 165
115. Purchase Price and Dispute on Price. 166
116. Pre-emption on a Part of Property. 166
117. Dealings by Purchaser before Claim of Pre-emption. 166
118. Pre-emption Rendered Void after it has been Established. 167
119. Right of Pr-emption in Case of Minor. 168
120. Devices by Which the Right of Pre-emption may be Evaded. 168

Chapter XI
WILLS or WASIYATH

121. Definition of Wasiyath or Bequest. 170
122. Constitution of Bequest. 170
123. Conditions for a Valid Bequest. 171
124. Legal Effect of Bequest. 172
125. Bequest with Conditions. 172
126. One third is the Limit of Wasiyath. 173
127. No Bequest to an Heir. 173
128. No Bequest to Murderer of the Testator. 174
129. Bequest of debt to debtor. 175
130. Bequest to non-Muslims. 175
131. Revocation of Bequest. 176
132. Bequest of a third or more to Several Persons. 177
133. Bequest for Pious and Public Purposes. 178
134. Usufructuary Wills. 178
135. Legacies to Near Relatives. 179
136. Obligatory Bquests. 179
137. Executor and his Powers. 181

Part III Muslim Law of Inheritance

Chapter XII
BASIC PRINCIPLES OF INHERITANCE

138 No Testamentary Succession. 182
139 No Birth Right. 183
140 There is No Rule of Representation. 183
141 Nearest in Relation will exclude the more Remote. 184
142 No Joint Tenement of Property only Tenants in Common. 186
143 No Distinction in Movable and Immovable Property. 186
144 No Testamentary Succession 186
145 Generally Male Takes Double the Portion of a Female. 187

Chapter XIII
APPLICATION OF PROPERTY AND IMPEDIMENTS

146 Application of Property left by Deceased Person. 188
147 Funeral Expenses. 188
148 Debts. 188
149 Wasiyath or Legacies. 189
150 Distribution Among Heirs According to Inheritance. 189
151 Impediments to Inheritance. 189
152 Child in the Womb. 191
153 Missing Persons. 191
154 Persons Died Together. 192
155 Illegitimacy. 192

Chapter XIV
HEIRS

156 Primary Heirs. 193
157 Kinds of Heirs. 193
158 Steps of Inheritance. 193
159 Sharers. 196
160 Asubat or Residuary. 200
161 Residuary by Himself. 200
162 Residuary by Another. 202
163 Residuary Together with Another. 202
164 Distribution Among Different Kinds of Residuary. 202
165 Computation of Shares. 203
166 Adil or Just. 204
167 Aul or Increase 204
168 Return or Radd. 205
169 Distant Kindred. 206
170 Order of Succession in Distant Kindred. 207
171 Rule of Preference of Individuals. 207
172 Vested Inheritances. 208
173 Distribution of Assets in Case of Composition. 210

Part IV
Laws on Wakf

Chapter XV
Wakf or Appropriation

174 Definition of Waqf. 214
175 Object of Waqf. 215
176 Kinds of Waqf. 216
177 No other form of Dedication of Property except Waqf. 217
178 Waqf by a Person on Himself and his Children. 218
179 Waqf on the Poor of one’s Kindred. 219
180 Settlements on Neighbours. 220
181 Proper Subjects of Waqf. 220
182 Necessary Conditions for a Valid Waqf. 221
183 Mode of Creation of Waqf. 222
184 Limit of Dedication by. 223
185 Waqf by Bequeath and Made During Death Illness. 223
186 Condition in the ‘Wakf.’ 224
187 Distribution of Income of Wakf . 225
188 Mutawalli or Administrator of Wakf. 226
189 Appointment of Mutawalli. 227
190 Musjid. 228
191 Wakf for the benefit of a Musjid. 229
192 Caravansarai, Cemeteries, Inns, Reservoirs, Ways, etc. 229

APPENDICES

I Muslim Personal Law (Shariat) Application Act 1937. 231
II Dissolution of Muslim Marriages Act 1939. 233
III Muslim Woman (Protection of Rights on Divorce) Act 1986. 235
IV Muslim Woman (Protection of Rights on Divorce) Rules 1986. 239
V The Waqf Act 1995. 242
VI The Central Waqf Council Rules 1998. 313
VII Wakf Properties Lease Rules 2014. 320
VIII The Kerala Wakf Rules 1996. 329
IX Kerala Wakf Board Regulations 2003. 362

Model Forms

I Divorce Agreement (Khula) 386
II Mubara-ath (Mutual Divorce) Agreement 387
III Thalak Agreement 388
IV Agreement for Maintance of Children 389
V Waqf Deed 390
VI Model Petitions 396
Glossary 402
Table of Cases 410
Word Index 412

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