Syed Khalid Rashid's Muslim Law

This comprehensive work lucidly explains the principles of law governing Muslims in India. The new fifth edition of this very popular work has been thoroughly revised and updated with case law brought up to date. Some more recent developments pertaining to the resolutions passed by the Muslim Personal Law Board and other parallel organisations have been noted and discussed.

The Ulema is now increasingly reviewing old customs and adopting or suggesting modernisation to cope up with existing social norms and expectations. One more latest example is the decision taken by the Islamic Fiqh Academy in New Delhi in February 2008 to 'recognise the right of a Muslim girl to repudiate a marriage contract with a boy who does not suit to her choice or which was forced on her against her will'. The question of objection to photograph for election identity card, has been judicially examined in the light of national interest. The book takes note of such developments and tries to spur thinking in this direction.

Landmark decisions affecting and changing some of the socially incongruous concepts relating to divorce, mehar, maintenance, remarriage on motivated conversion, wakf beneficiaries, wakf boards, pre-emption, primogeniture etc. have been incorporated. A significant feature of the book is the exhaustive analysis of the constitutional aspects of Mohammedan law principles. Further, the interactions between the personal law and social ethos have been elucidated by notes. Opinions of academic jurists have also been included.

The detailed subject-index and table of cases add to the utility of the book.

“The subject index and table of cases enable the students to locate appropriate decisions and analyse their various aspects.” - The Academy Law Review

“Table of cases and exhaustive subject index is a glaring feature of this book which increases the utility of this book.” - Gujarat Law Reporter

“The book makes an interesting study of Muslim law and so it is useful for graduate students, scholars and teachers of Islamic studies and the law relating to Islam.” - Review Projector

CHAPTER I: THE CONCEPT AND BACKGROUND OF MUSLIM LAW

The relevance of the study of Muslim law in contemporary world

Conditions of Pre-Islamic Arabia

Sources of Muslim law

The birth of Shia and Sunni sects

The Schools of Muslim Law

'Shariat' and 'Fiqh'

Development of Muslim Law

CHAPTER II: MUSLIM LAW AS APPLIED AND INTERPRETED IN INDIA

Introduction

Historical

Shariat Act of 1937

The Dissolution of Muslim Marriages Act, 1939

The present position

Who is a Muslim

Categories of Muslims and applicability of Muslim law

Rules of interpretation

Islamic Courts

CHAPTER III: MARRIAGE (NIKAH)

Pre-Islamic background

Definitions of marriage

Nature of Muslim marriage

Formalities of a valid marriage

Legal effects of a valid marriage

Stipulations in marriage contract

Classification of marriages

Prohibitions to marry in certain cases

Guardianship in marriage

Option of puberty (Khyar-ul-bulugh)

Restitution of conjugal rights

Polygamy in Islam: A critique

CHAPTER IV: DOWER (MAHR)

Pre-Islamic background

Definitions of 'Mahr'

The nature of dower

Kinds of dower

Subject-matter of dower

Minimum and Maximum Amounts of dower

Amounts of dower and conditions of payment

Widow's right to retain possession of her husband's estate in lieu

of unpaid dower

Dower divorced from divorce and mated with maintenance

CHAPTER V: DIVORCE (Talak)

Pre-Islamic background

After the advent of Islam

Modes of dissolution of marriage

Husband's unilateral power to divorce: A critique

Effects of divorce

Formalities necessary for remarriage

Apostasy and conversion as grounds of divorce

Use of conversion to elude criminal liability forbigamy 

'Iddat': Its rationale, utility and periods

Dissolution of foreign marriages

Divorce through agreement

Talak - Not an Arbitrary Power

CHAPTER VI: LEGITIMACY AND PARENTAGE (Jayaj aur Rishta)

Pre-Islamic background

Parentage

Legitimacy

Presumptions of legitimacy

Acknowledgment of paternity (legitimacy) (Iqrar)

Conditions of valid acknowledgment

Effects of acknowledgment

Position of adoption in Muslim law

A comparison between acknowledgment and adoption

CHAPTER VII: GUARDIANSHIP (Valaya)

Concept of guardianship in Islam

Appointment of guardian

Age of majority

Kinds of guardians

Kinds of guardianship

CHAPTER VII : MAINTENANCE (NAFAQA)

Introduction

Definitions

Persons entitled to maintenance

CHAPTER IX: WAKF

Importance

Constitutional position

Origin of wakf

Development and foreign influence

Meaning and definition of wakf

Kinds of wakf

Legal incidents of wakf

Creation of wakf

Who can create wakf

What can be made as wakf

In whose favour can wakf be made

Objects of wakfs

Wakf with uncertain objects

Contingent or conditional wakfs

Essentials of a valid wakf

Administration of wakfs

Application of the income of wakf

Remuneration to Imams

Wakf and Trust distinguished

Position of family wakfs in India 

CHAPTER X: GIFT (HIBA)

Introduction

Definitions

Essentials of a valid gift

Registration

Constitutional validity of oral gifts

Who can make gifts

In whose favour (donee)

What may be given in gift

Conditional, contingent and future gifts

Gifts in the form of trust

Revocation of gift

Gifts involving return (ewaz)

Life estate and Life interest

Shiite law of life interests

CHAPTER XI: PRE-EMPTION (SHUFA)

Meaning, origin and development

Advent of shufa in India

Definitions

Nature of the right of pre-emption

Constitutionality of pre-emption

Application of the law of pre-emption

The pre-emptor

Characteristics of sale giving rise to pre-emption

Difference of religion or sect

Formalities to be observed

Subject-matter of pre-emption

Legal effects of pre-emption

Loss of the right of pre-emption

How pre-emption is evaded

Sunni law and Shia law of pre-emption-Comparison

CHAPTER XII: WILL (WASIYAT)

Concept and meaning

Definitions

Form of will

Who can make wills

What and how much can be bequeathed

For whom the bequest can be made

Bequest which are not absolute

Revocation of will

Interpretation of wills

Gift and will compared

Sunni law and Shia law compared

CHAPTER XIII: ADMINISTRATION OF ESTATES AND PAYMENTS
OF DEBTS

Legal representatives of a deceased Muslim

The requirement of Probate & Letters of Administration

Functions of legal representatives

Recovery of credits to the property of the deceased

Alienations before payment of debt

Alienations by co-sharer before partition

Suit by the creditor against heirs

Alienation for payment of debts

CHAPTER XIV: INHERITANCE

Excellence of Muslim law of inheritance

Dual basis of Muslim law of inheritance

Some objections: Their answers

Some general rules of inheritance

Doctrine of representation

Rules of total and partial exclusion

Explanation of important terms used

Classes of heirs

SUBJECT INDEX