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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
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