:Muslim Law-II:

Q.) Explain various sources of origin and development of Muslim Law?

Ans:- Muslim Law is personal law applicable for all the people who prefers

Muslim Or Islam Religion Meaning of Word Islam is One God. It developed

seen historical period there are eight sources of Origin and development

of Muslim Law .

Q.1) Quran or Koran:- Sunna, Ijmaa, Qiyas, custom, Justices equity and

Good Conscience, Judicial decision, legislation.

Ans:-

1. Quran: it is a main source of Muslim Law every word of Quran

is treated has word of Allah. There are 6666 verses in Quran and

200 verses have effect on law.

2. Sunnah:- prophet Mohammed (Swt) was called as Messenger of

Allah on the earth. This prophet advised people about Muslim

religion and true path of life. People followed him and it become

source of Law.

3. Ijmaa:- Some educated person studied Quran and made

interpretation of Quran. Some principles of interpretation followed

by the People and it mad contributed to development of Muslim law.

4. Qiyas:- Educated persons studied above three sources and

wrote the books during period of Aurangazeb Din-e-ilahi was written

if in the source of law. Shiya does not follow Qiyas. It should be

owthful from primary sources.

5. Customs:- There are some customs which are in practices of

Muslim people and it also become source of Law.

Example:- AfterTalaq given by Husband Muslim wife have observe

(4) Months (10) days Iddath period and she cannot performs

necessary in Muslim marriage because it is contract .

6. Justice Equity and Good Conscience:- There are some

rules which are based on principles of Justice and good consistence

followed by Muslim people.

7. Judicial decisions:- A Muslim cannot give Talak by telephone, A

Muslim have to fine maintenance to concubine and illegitimate

Children.

8. Legislation:- Parliament made some legislation such as Waqf

Act-1930, Shariath Act1937 and it become source of law.

This are eight source of development of Muslim personal law.

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Q.2) Define Muslim restriction Marriage and its conditions?

Ans:- Muslim Marriage is a Civil contract and not sacrament purpose

of Muslim Marriage is to legalise several relationship company of wife and

procreation of Children.

Essentials of Muslim Marriages:-

1) Offer or Proposal:- There is offer or proposal from side of the

boy or the girl relating to Marriage.

2) Acceptance:- Both sides may see each other and take a

decisions and express it called as acceptance.

3) Consideration:- There is consideration in Marriage called as

it is fined from the side of boy to be paid to the

girl.

4) Free Consent:- There should be consent boy and girl without force

or pressure.

5) Prohibited Relation:- Marriage should not be performed in

prohibited relationship. Such as Marriage between Children of same

parents Marriage with wife of brother, Marriage with Mother in Law.

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 6) Execution of document:- they have executed a document called

two witnesses. Nikah Nama is documentary proof of Marriage.

Impediments in Marriage:-

1) There should not be fifth Marriage of the male otherwise he was

divorce one wife and its irregular Marriage.

2) Women should not have more than one Husband.

3) There should not be marriage in immediate blood relationship.

4) Marriage is Prohibited when he goes on pilgrimage.

5) Women should not perform Marriage during Iddat Period.

6) If anybody is from other religion then conversion/Revert in to Islam

is necessary.

7) When any Muslim Women offers Milk to orphan child even for one

day then Marriage of that child with her child prohibited. It is called

as faster age.

Therefore above condition to the satisfy in Muslim Marriage.

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Muta Marriage:- It is a temporary Marriage or contract Marriage for

fixed period. It may be few days or months or years. After expire of the
period Marriage is dissolved and there is no need of Talak. Such marriage

are amount Shia Muslims. It include following points:-

1) Any no. of Marriages are allowed in Muta Marriage.

2) There is no need of Talak.
3) Maher have to be fixed.
4) If there is no physical relationship the husband have to pay half
Meher.
5) She has to observe Iddat Period.
6) If she is pregnant then she has to wait upto delivery period and such

child is legitimate for that father.

This details relating to Muslim Marriage.

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Q.3) What
Ans:- Talak or divorce is also called as dissolution of Marriage
Muslim Marriage is a Civil contract and a Talaq is liberal for Muslim male.
He can give Talaq without any reason.

Following are the methods of Talak:-

1) Talaq Ahsan:- In this Method there is single pronouncement to

give Talaq before the witness.

2) Talaq Hasan:- In this method pronouncement is made to give

talaq every month and after third month it becomes talaq.

3) Talak-ul-Biddat:- There pronouncement are made in continuity

before the witness.
 4) ILA:- In this method husband swear in name of Allah that he will not

touch her in future and mentions promise for four months and (10)

days

5) Zihar:- In this method husband compares wife has mother or

sister in future and may not make physical contact for four months

or more period.

6) Khula:- In this divorce there is mutual consent and they execute

and signed it.

Divorce by wife:- Following are the method by which wife can take

Judicial Divorce by filing divorce petition in the Court.

1) When Husband is impotent.

2) When he become unsound mind does not cure after (2) years

treatment.

3) When husband suffers from V.D. (vandal disease) or Leprosy and

does not cure for (2) years treatment.

4) When he fails to provide necessaries for (2) years.

5) When he disappears for four years period.

6) When he is communicated for (7) years or more period.

7) When he makes conversion of religion.

8) When he become Fakari.

9) When he commit immoral activities

10) When he cause courtly against the wife.

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Effects of Divorce:-

1) She has observe Iddat period for (3) months.

2) Relations comes to end.
3) She can claim Mehar amount.
4) She can perform another Marriage.
5) If she has custody of children then she can claim maintenance.

This is details about Talaq or Divorce or effect Divorce:-

Q.4) Define and its kinds and grounds of its revocation?

Ans:-

or immovable property if it is family property then hiba is allowed up to

1/3rd

:- There

1) Sadakuah:- Hiba Bil Iwaz, Hiba-ba-Shariatul-Iwaz, Areeat

Sadakha:- This gift is made for religious or charitable

purpose, such as hospital, educational institution, Dargah,

2) Hiba-Bil-Iwaz:- This gift is made along with obligation or liability.

Example:- A have given gift of a house to B but there (1)

lakh loan on the house. He has to pay the loan.

 3) Hiba-Ba-Shariath:- This is conditional gift Donor impose a lawful

condition on the donee and he has to abolish the condition. If he

may not abolish it then donor can revoke the gift.

Example:- A gives complete property has gift to daughter on

condition that she has to take care upto death. This is conditional

gift.

4) Areeat:- When gift is made her particulars purpose and after

that donor take way the property then it is called Arreat.

Example:- Father gave gift of part of the house or land to

Widow daughter till her children start earning it is arreat and he can

take back the property.

Revocation of Gift:- Donor can revoke the gift on following grounds:-

1) When gift is given under threat or coercion.

2) When purpose of gift is illegal.
3) When donor did not fulfil the condition.
4) Before transfer for possession or Registration in favour of donor.
5) When donor is in competent person.

This is detail about hibs kind hiba and ground of revocations of Hiba.

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Q.5) Define Waqf and its provisions and appointment rights, duties and
liabilities of Muthawalli?

Ans:- A Muslim can create waqf for religions, Charitable, and pious

executed to create Waqf

have to mentioned in the document and property to be used for same

purpose. There is separate Board in every State called State Waqf Board

which maintain record of all Waqf properties in the State there is all in

India level Board called as Central Waqf Board. Which maintain records

of Waqf properties.

Muthawalli:- Management of Waqf property is carried by a person

called as Muthawalli. He is appointed by Wakif or Waqf Board or the Court.

Right or Powers of Muthawalli:-

1) He has right to take remuneration fixed at the time appointment.

2) He has right to collect income from Waqf property.
3) He has right to file case to protect Waqf property.
4) He can frame the rules to provide benefit from Waqf property.
5) He can appoint necessary staff for management of Waqf property.
6) He can enter in to contract to buy necessary article for Waqf.
7) He can reside there with his family.

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Duties of Muthawalli:-

1) When there is order of Court then he has duty to oblige it.

2) He has duty to do necessary repairing.
3) When anybody files a case against Waqf then he has duty to defend
it.
4) When Waqf Board wants any information about Waqf property then
he has duty to provide it.
5) When there is meeting of Muthawalli called by Waqf Board then he
has to attain it.
6) He has to provide benefit according to rules.
7) There is duty to do audit of income & expenses every year and
submitted to Waqf Board.

Grounds of removable of Muthawalli:- Following are the grounds

on which Waqif or Court, or Waqf Board can remove the Muthawalli.

1) When he become unsound mind person.

2) When he does misappropriation in the income of Waqf property.
3) When he fails to oblige order of Court.
4) When the Muthawalli provide benefit for different purpose which is
not mentioned by Waqif.

This is details relating to Waqf right & duties of Muthawalli & ground
to remove Muthwalli.

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Q.6) Briefly explain succession of family members
family property under Muslim Law?

Ans:- In Muslim law there are rules relating to succession of heirs

on family property this rules are has follows:-

1) There is ration of 2:1 in succession between male and female in

Muslim.

2) There is succession of Class-I heirs and they are children of same

parents.

3) When there is no Class-I heirs then succession is done by Class-II

heirs.

4) When there is no Class-I and Class-II then succession is done by

relation through male

as brother or brother children.

5) If there are no class heirs and agnates then succession is done by

as sister daughter & their Children.

6) Parents can also claim one share at time of succession.

7) Married daughter have of no right of succession.

8) After death of husband wife can make succession on property of

Husband. If there are more wives then they get in proportion.

 9) When there is succession then debt on family and unpaid Meher

amount is deducted.

10) When there are no class heirs, agnates, co-agnates, then

succession is done by distant kindred having nearest relationship

with family.

11) If there are no class heirs or distant kindred then succession

Disqualification for Succession:-

1) Unsound Mind Person:- such person is disqualified from

succession.

2) Conversion of religion:- When any heir make conversion of

religion then he cannot claim succession.

3) Murderer:- When anybody commit murder of family member

and if is prove then he cannot make succession.

This is details about Succession in Muslim law and disqualification

for Succession.

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Q.7) Explain salient features of special Marriage Act-1954, relating

to registration Marriage?

Ans:- Special Marriage Act was enacted in 1954. It is relating to

registration Marriage. It is having object to reduce marriage expenses

and dominations of caste or religion in Marriages.

Conditions relating to registration Marriage:-

1) Age:- The age of the girl should be (18 years) or above and

the boy (21 years) or above.

2) Sound Mind:- Both should be of sound mind.

3) No Prohibited relationship:- They should not come under

prohibited relationship.

4) Caste or Religion:- They can be from any caste or any religion.

5) Consent:- There should be free consent of both the parties.

6) Already Married:- If anybody is already marriage then there

should be either divorce or death of the spouse.

Procedure of registration Marriage:-

1) Performa Application:- A printed Performa is audible from the

Office of registrar of Marriage which have to be filled up and

submitted by the parties. Registrars includes Tahsildar, Collector,

Property registrar and Judicial Magistrate.

2) Documents:- There should be proof of age and address of both

the rashes to enclosed with applications.

3) Enquiry:- Registrar collects in to about applicant through

respective police Stations.

4) Notice Board:- Application to be filed 30 days in advance and

Marriage officer affix on Notice Board details of parties. Such as

names, age, occupation, caste, religion, date of Marriage one week

in advance of Marriage date.

5) Objection:- if anybody has objection relating to marriage then

it can be filed in writing within one week period.

6) Hearing:- if there is objection then registrar of Marriage call both

the parties and make hearing of objection is reasonable then he can

reject the application if objection is inreasonable then its is

dismissed.

7) Intimation:- Marriage Officer communicate applicants to

appear personally on particular date & time to signature Marriage.

8) Entries in Marriage Register:- There is entries of complete

detail such as serial no., Name, Father Name Occupation, Caste,

religion & address.

9) Dates:- Marriage Officer administer oath to both the parties to

accept has husband wife respectively.

 10) Signatures:-

them & they have to sign in Marriage register.

11) Attestation:- it should be attended by 2 witnesses and it

is counter sign by Marriage Officer.

12) Certificate:- Marriage Officer issues a certificate which

content name of Office, reference Names of parties, Age, date of

Marriage and there is signature o Marriage Officer & Office seal.

This certificate is documentary proof of Marriage.

This is detail about conditions procedure of Marriage under special

Marriage act.

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Q.8) Explain various kinds of guardians under Muslim law and their
rights, duties and grounds of termination?

Ans:- When there are minor children the guardian is necessary to

take care of children in Muslim Law also there are provision to appoint

guardian.

Kinds of Guardians:- There are four kinds of guardians:

1) Natural Guardians:- Parents are natural guardian after their

death. Elder brother, uncle can also become natural guardian.

There is recogisition

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 2) Guardian for Property:- Guardian may be appointed by Court

only for property. He can collect income from property and makes

payment record requires to Children.

3) Guardian to take care of Children:- This Guardian purchase

necessary and provide Children. He can take remuneration fixed by

the Court.

4) Testamentary Guardians:- This guardian is appointed

according to will made by natural guardian appointed after his death

and same person is appointed as Guardian.

Rights or Power of Guardians:-

1) He can enter in to contract on behalf of Children.

2) He can collect income from the property.
3) He can file cases on behalf of Children in the Court.
4) He can borrow the debt. If necessary.
5) He has right to claim remuneration fixed by the Court.

Duties of Guardians:-

1) There is duty to maintain Accounts of income and exposes.

2) Duty to pay all lawful taxes.
3) Duty to provide necessary to Children.
4) When anybody files the case then there is duty to defend it.
5) When minor become major then he has to retire as a Guardian.
Termination of Guardian:- Except natural guardian court can

remove any guardian on following grounds:-

1) When he become unsound mind person.

2) When he is old person and unable to do work.
3) When he is not providing necessary to Children.
4) When he make misappropriation in the income.
5) When minor attains age of majority.

This is details about kinds of guardians, rights & duties of guardian

and to remove guardian in Muslim law.

Short Answers:-

1) School of Muslim Law:- There are two schools of Muslim Law.

School mean group of people who believe in particular theory. There is

difference between Shia and Sunnis School on the following points:-

(2)
1) Marriage:- There is Muta Marriage in Shia Muslims. But this

Marriage is not r recognise among Sunni Muslim.

2) Hiba:- Shia Muslim cannot make gift of more than 1/3rd property

of the family called Mushaa.

3) Mehar:- In Shia Muslim any amount of Meher is allowed. In Sunni

Muslim minimum amount should be or (10) Dhirams.

 4) Succession:- In Shia Muslim any amount of Meher is allowed. In

Sunni Muslim distant kindred can make succession.

5) Customs:- Shia Muslim celebrate Moharram as a customs,

Sunni Muslim may not Celebrate Moharrram.

(3) Void and irregular conversion Marriage:- Void Marriage in

valid Marriage. A Marriage is void on following grounds:-

1) When Marriage is performed without Meher.

2) When Marriage is performed in prohibited relationship.

3) When Marriage is performed if boys or girls are from other religion

and Marriage is perform without conversion.

4) When there is no consent of boys & girls.

5) When Nikah name is not signed by one of the party or attested.

Irregular Marriage can be regularised and it is not valid.

1) When husband performs 5th Marriage then it is irregular and after

divorce to one of the wives then it becomes irregular.

2) When women is undergoing iddat period then Marriage during Iddat

period then Marriage is irregular. After completion of Iddat period it

becomes regular.

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(4)

Mehar or Dower:- Muslim Marriage is Civil Contract and Mehar is

consideration fixed from the side of boy to be paid to girl. There are four

kids of Mehar.

1) Prompt Meher:- This is called as cash Meher it should be

paid at the time of Marriage or when wife demands it.

2) Proper Meher:- Meher is not fixed and it is paid according to

status of Family Earlier marriage are considered to fix this Meher.

3) Specified Meher:- This is mentioned in Nikah Nama, such

cash, gold ornament and immovable property. It should be paid

according to Nikah Nama.

4) Deferred Meher:- This Maher is paid only when there is talak

or death of the husband. When there is death of husband then in-

laws have to paid it.

If Maher is not paid then she can go to Court and attach property

for recovery of Maher.

(6)

Maternity and Paternity:- Maternity means Mother of the Children

when child take birth after (280) days of Marriage and on Medical ground

(210 days) after marriage then Maternity is clear. If child takes birth in less
then this period. Then maternity can be challenged and it has to be

proved.

Paternity means father of Father of the Child if paternity

challenged then DNA test is conduct to prove the paternity.

Maternity & Paternity is necessary for succession on property.

(7)

Civil:- it can be made by a Hindu as well as Muslim. By making will

property can be given to the heirs person who execute called as testate

and the property given under will is called legacy and those who are

benefit under will are called beneficiary will includes following point.

1) Testator should be competent person and not stamp paper.

2) Will can be written on ordinary paper and not stamp paper.

3) Language in will should be certain or definite.

4) There should be signature or Thumb impression of the testator.

5) There should be free consent of the testator.

6) Will written under threat or coercion cannot be valid.

7) Registration of will is optional and not compulsory.

8) Will can be written about own property.

9) Will is effective only after death of testator.

10) Will is effective only after death of testator.

Therefore purpose of will is to void disputes relating to property.

(13)

Domicile:- it means right acquired by a person in other state. A

person having domiciled have more opportunity in education and

employed in the state. Collector has power to issue domicile certificate.

Following are the Methods to acquire domicile.

1) By Birth:- when any child takes birth in the state then he gets

domicile.

2) By parents:- if parents are domicile of the state then children

also get domicile.

3) By Marriage:- when a girl perform Marriage with the boy of a

particular state . then she acquire domicile by virtue of Marriage.

4) By residence:- When there is prove of (15) years or more period

residence. Then he can apply for domicile and Collector may issue

the certificate.

Therefore purpose of domicile is to give preference to people of

the state in education and employment.

(14)

Iddat Period:- A Muslim women have to observe iddat period when

there death of the husband or husband give divorce. It includes following

points:-

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 1) When husband gives talak then she has obtain (3) months Idaat

Period.

2) When there death of Husband she has obtain (4) months (10) days

iddat period.

3) During iddat period husband have to provide maintenance to her

and if there death of Husband then in laws have to provide

maintenance.

4) During Iddat marriage.

5) If wife is pregnant then. She has to wait up to delivery period and

such child is legitimate.

(16)

Indian Divorce Act-1869:- It is giving some conditions relating to

divorce it has not been repealed and it includes following ground of

Divorce:-

1) When husband is impotent.

2)

3)

(15)

Pledge by Non Owner:- it can done of movable articles by owner.

Movable article is given has a Security.
 Example:- A gives gold ornament has Security in a bank &

borrow loan. This pledge of article.

Pledge can also be done by non-owner and it is valid in two

conditions.

1) Pledge by family Member:- When any family member

pledge and article then it is valid. Even though he is non owner of

the article actual ownership pass-on to family member after partition

of family property.

2) Pledge by Agent:- Agent is authorised person who can act on

behalf of Principal. When agent have possession of the goods and

he pledged it then such pledge is also valid even though agent is

non-owner but authorised person.

If any non-owner if the articles pledge it then such pledge is

invalid expect it is agent or family member.

(16)

Effects of Non-Registration:- Registration of partnership firm is

optional and not compulsory following are the effect of non-registration.

1) Non-Registration firm cannot borrow loan from the Bank.

2) Non-Registration firm cannot get O.D. Facility.

3) Such partnership firm cannot sent foods out of State because

registration number is necessary on away bill.

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 4) Non-Registration Firm cannot get sales tax licence but they an get

Municipal licence.

5) Court have limited scope to make interfere in business Non-

Registration Firm when disputes arises.

6) Briefly explain provisions relating succession on property in Muslim

Law.

7) Define will and essential requisites and kinds of will. What are the

grounds for revocation of will.

8) Briefly explain various sources of origin and development of Muslim

Law.

These are the effects of Non-Registration of the Firm.

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II. Short Answers:-

1) Schools of Muslim Law.

2) Muta Marriage

3) Iddat Period.

4) Void and irregular marriage.

5) Dower or Meher

6) Maintenance

7) Maternity and Paternity.

8) Acknowledgment of Legitimacy
9) Muthawalli

10) Shariath Act-1937

11) Disqualification of heirs.

12) Muslim women Act-1986.

13) Testamentary Guardian.

14) Effects of conversion.

15) Sunnah and Qiyas.

 :PAPER-VII:
:MUSLIM LAW AND OTHER PERSONAL LAW:

Big question:-

1. Define Muslim Marriage and its essential requisites and

impediments.
2.
effects of Talak.
3. Explain the Significance of Guardianship and kids of Guardia and
grounds of removal of guardian.
4.
Hiba.
5.
Muthawalli and grounds to remove Muthawalli.

1) Discharge of surety.

2) Stoppage in transits.

3) Lien of agent.

4) Minor as Partner.

5) Registration of Partnership Firm.

- - The End - -

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All the Best; from Law Students Federation