Wednesday, January 21, 2009

Muslim Personal Law

The different Muslim Personal Laws

1. Muslim Personal Law (Shariat)
2. Muslim Personal Law of Marriage and Divorce
3. Muslim Law of Inheritance



1. The Muslim Personal Law (Shariat)
The Law made with the principles of Quran is called as Shariat or Muslim Personal Law. It has been the cherished desire of the Muslims of British India and all the Muslim Women Organizations to change the customary laws, as it adversely affected their rights. They demanded that the Muslim Personal Law (Shariat) be applicable to them.
To achieve Muslim Personal Law, Bill No-39 of 1935 was introduced in the Legislative Assembly on 26th September, 1935.

Hiba:
Hiba literally means, the donation of a thing from, which the done may desire a benefit.

2. Muslim personal Law of Marriage and Divorce
According to the Muslim Personal Law marriage (Nikah) is a civil contract.
The object of the marriage may be to legalise sexual intercourse and for procreation of children. Under this law every person governed by Muslim Law is capable of becoming a party to the marriage. The parties to the marriage should be of sound mind and have attained the age of puberty.
The requirement of a marriage is a proposal (i Jab) and acceptance of proposal shall be made by the parties to the marriage or by their agents or by guardians in case of incompetent persons like minors.
Unl wful Conjunction:
No person should have two wives at the same time who are related to each other by consanguinity affinity or fosterage. For example, a person can’t marry the sister of his wife but he can do so after the depth or divorce of the first one.
The Divorce of Muslim women is entitled to

  • A reasonable and fair provision and maintenance to be made and paid to her within the Iddat period by her formal husband.
  • Where she herself maintains the children born to her Divorce, a reasonable and fair provision and maintenance to be paid and made by her formal husband for a period of two years, from the respective date of birth of such children.
  • An amount equal to the sum of Mahr (Bride-Price) or Dowry agreed to be paid to her at the time of her marriage or at any time thereafter according to Muslim Law.
  • All the properties given to her before or at the time of marriage or after the marriage by her relatives, friends, husband or any relative of her husband or his friends.
The dissolution of Muslim Marriage Act-1939
Grounds for decree for dissolution of marriage are under below-
  • That the where about of the husband have not been known for the period of four year
  • That the husband has neglected or has failed to provide for her maintenance for period of two years
  • That the husband is sentenced to imprisonment for a period of Seven years or upwards
  • hat the husband is impatant at the time of the marriage and continue to be so
  • That the husband is insane for the period of two years or is suffering from Leprosy or any chronic disease
3. Muslim law of inheritance
Muslim are mainly governed by two schools of Laws as Hanafi School for Sunni Muslims and Shia School for Shia Muslims. The distribution of property take place only after the disadvantage of funeral expenses, debts and legacies of the deceased.
Sharers and their share under sun-in-law

  • The share of the father in the property of his son or daughter is 1/6. But father becomes residuary when the propositus die without leaving any child.
  • The share of the mother in the property of her son or daughter dying intestate is 1/6.
  • The maternal grand mother gets 1/6, only if there is no mother or nearer grand mother
  • The paternal grand mother gets 1/6 only if there is no mother, no father, no grand father
  • Husbands share is ¼. But his share will be ½ if propositus dies without leaving a child
  • The share of the wife is 1/8. But her share is 1/4, if the propositus dies without leaving any child.
  • The daughter’s share will be ½ if she is the only daughter. But if there have more than one daughter, they together take 2/3.


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