WHAT IS TRIPLE TALAK ? Triple Talak is also known as talak-e-biddat, which means instant divorce. This was practiced in Islam, where Muslim men could legally divorce his wife. Under the Muslim Law, triple talak means the liberty from the relationship of marriage immediately, where a man uttered a word talak three times and hence…
All the Muslims in India are governed by Muslim Personal Law (Shariat) Application Act, 1937. It deals with marriage, succession, inheritance and charities among Muslims. The Dissolution of Muslim Marriage Act, 1939 deals with the situations in which Muslim women can take divorce or the rights of the divorced Muslim women. These laws are not…
For any lawful conjunction between a man and woman, it is necessary that there must be an offer and acceptance of the same. The parties must be of sound mind to such an extent that they must give their full and free consent to the marriage, and should have attained the age of puberty, the…
INTRODUCTION Over the medieval time, the Islamic and Hindu traditions have synthesised, evolved, interacted and remained insulated. Even though India was gruesomely conquered by the sword, Muslims realized reconciliation was better than persecution. The initial stages were marked with conflict, adaptation , tension and cultural syncretism between the two traditions. Over time, compromise, tolerance and…
Under Muslim law, Muslims can divide their property in many ways. It could be through Gift which is known as Hiba and through a will which is known as Wasiyat in Muslim law. A person is allowed to lawfully make a gift of his property to another during his lifetime But he may transfer it by way of will which will take…
Communal harmony and religious brotherhood have been observed and sustained as the sacramental duty by the people of India. Being home to many cultures and religious faiths led to different personal laws in the country. Two major branches of personal laws that governs the citizens are Muslim and Hindu law. These laws have been in…
There are various modes available under Muslim law for the dissolution of marriage. Some of them are mentioned below: By the husband: There are four modes at the disposal of the husband to get talaq from his wife. Talaq-ul-Sunnat: This mode of talaq is efficacious analogously with the beliefs and ideas entrenched by the Prophet. It is also known…
The Indian statute, Mussalman Wakf Validating Act of 1913 defined a waqf as ‘a permanent dedication by a person professing the Mussalman faith of any property for any purpose recognized by the Mussalman law as religious, pious or charitable.”[1] So waqf is basically any property which is unconditionally and permanently dedicated to god with some pre-determined intention in such a manner that…
When the marriage vows are recited in the Muslim religion, the husband promises to give or gives his wife a gift, that is known as Mahr, in other words also known as dowry or sadaq. It is an amount settled by the husband with the prior consent of the wife. It can be anything &…
The death-bed gifts are recognized in many systems of law, though to what extent and in what circumstances such gifts can be made, the laws differ. Marz-ul-maut gifts of Muslim law derive their rules from two branches of Muslim law, the law of gifts and the law of wills. A gift to be valid as…
