The Muslim population of India is governed by the Muslim Personal Law(Shariat) Application Act, 1937. Shariat is a personal civil law which deals with succession, inheritance, marriage, and charity among Muslims. The Arabic Term for death illness is Marz-ul-maut, which is made up of two words Marz i.e, illness and Maut i.e, death. The rules concerning Marz-ul-Maut inculcate the ideas of the gift as well as…
A watershed moment in the history was witnessed when judiciary of India criminalized the practice of Triple talaq or Talaq-ul-biddat, which has been a very prejudicial practice due to which Muslim women have been agonized to a great extent. “What is sinful under religion cannot be valid under law” Islam is one of the oldest…
LAW OF SHARIAT India is a Secular state having no religion of its own and every religion in India be it Hindu, Muslim, Sikh, Christian is being given equal importance with fair and partial governance in the form of Personal Laws of every religion. Similarly, Shariat is a law under which every Indian Muslim is…
Muslim in India are governerd by their own personal law and this provision is not absolute. Some of the legislative enactments direct civil court to apply Muslim law to Muslims and Hindu law to Hindus. Apart from this Article 225 of the Indian Constitution provides that the High Courts will administer the same law as…
If Muslim law is to be applied to a Muslim, the natural question that arises is: Who is a Muslim? There is a lot of difference between the viewpoint of law courts and theologians. Among theologians themselves, there are three different views on the subject: 1. a Muslim is one who believes in the unity…
INTRODUCTION Amongst all nations of antiquity, divorce was regarded as natural corollary of marital rights. Islam is the first religion in the world which has expressly recognized the termination of marriage by way of divorce. In India the divorce was recognized after the passing of Hindu Marriage Act, 1955. Under Muslim law there is no…
INTRODUCTION The word Sunni is derived from the Arabic word ‘Sunnah’ which implies a ‘way’, referring to “One of the path” or “one who follows the practices of the Prophet”. At the time of the death of the Prophet, there was a quarrel between the two groups for imamate (the temporal leadership of the religion).…
Schools of Islamic Legal Thought otherwise called Madhahib in Arabic, emerged because of the independent interpretation of the general principles of the Quran and Sunnah by different prominent scholars over the centuries. Each school was designated under the name of its founding scholar. These schools were set up very early in Islamic history. The purpose…
The Arabic term ‘HIBA’ literally means gift. The term “Hiba” and “gift” have a different meaning when taking into consideration the transfer of property act, 1882. Under the Muslim law, a competent person is allowed to make a gift of his property to another during his lifetime, but, it has to be transferred by way of a “will”…
Triple Talaq Triple talaq is the most famous case back in 2017 and it’s the most landmark judgment in2017. First, we have to know what the meaning of word triple talaq is or talaq-e-biddat as it is known among the Muslim community. Basically, it is the practice in Muslim law which gives a man’s right…
