Introduction Firm union of the husband and wife is a necessary condition for a happy family life. Islam therefore, insists upon the subsistence of a marriage and prescribes that breach of marriage contract should be avoided. Initially no marriage is contracted to be dissolved but in unfortunate circumstances the matrimonial contract is broken. One of…
Should young Muslim girls be allowed to wear the hijab in the classroom. This question has polarized Karnataka and its college campuses in the last month, so there have been at least two incidents where girls’ students studying in two different colleges in the state have been denied entry into their classrooms because they were…
Introduction The Muslim Law of Succession is based on four sources: the Holy Quran, Sunna (prophetic tradition), Ijma (a network of educated men who agree on a certain topic), and Qiyas (a network of educated men who agree on a specific topic) (findings in light of similarity on what is correct and just as per…
INTRODUCTION Muslim law is a religious rule that applies to anybody who is Muslim by birth or through conversion. Islamic law, on the other hand, is centred on a man’s responsibilities or obligations rather than his rights. The term Islam means ‘complete submission to God,’ while the word Muslim means ‘who devoted himself to God.’…
Case Law: Itwari v Asghari was a judgement where the court discussed some of the most controversial questions under the Islamic law. One, whether Mohammadan law mandates first wife to share her husband’s consortium with the second wife. Two, whether prevailing social conditions must be taken into consideration to decide if taking a second wife…
The dowry is an ancient tradition found across cultures, religions, and time periods. It is not certain where dowries originated, but the custom takes place in wedding ceremonies even today. History And meaning of Dowry A dowry is a gift of considerable monetary value given from either the bride or groom to their future spouse…
INTRODUCTION Islam is a religion and people who practice it are called Muslims. The basic principle of Islam suggests that God is one and Muhammed is the Prophet of God. The origin of Muslim law is Arabia. Muslim laws are laws applied only to Muslims. Muslim law is a personal law that applied only to…
UNEQUAL TREATMENT OF WIVES A VALID GROUND FOR DIVORCE FOR MUSLIM WOMEN: KERALA HIGH COURT The refusal to cohabit and perform the marital obligations with the previous wife is tantamount to the violation of the Quranic injunctions which commands equal treatment of the wives if the husband contracts more than one marriage. In such circumstances,…
IntroductionIn India, there are individuals of all religious backgrounds living together in harmony. The fact that religious beliefs of the people cannot be ignored when it comes to governing them is self-evident; however, the question is what should be considered law and what should not be, and which sources should be considered when framing laws…
CONCEPT OF MUSLIM LAW In India, whenever any personal matter comes before the court of law, the first and foremost question that arises is “which law applies to the parties in litigation”. If the parties are Hindu, Hindu laws will apply; and so on. In a similar way, for safeguarding the rights of Muslims, Muslim…
