MUSLIM LAW

Question 1

types of marriages-

Answer 1

sahih marriage
batil marriage- void
fasid marriage- irregular

Question 2

what are void marriages

Answer 2

wman cannot marry another religion
man cannot marry -on basis of cosanguinity
his ascendants, descendants, his sister- wehter full, cosanguine or uterine. neice, aunt
on basis of affinity - wifes mother, wifes daughter( if marriafe w wife is consummated), his fathers wife or any ascendants wife, his sons or any lineal descendants wife.
also if u have breastfeed a kid - cant marry that

Question 3

sources of muslim law

Answer 3

quran, sunnah, ijma- jurist agree based on reason and then Qiyas - deductions

customs

Question 4

schools of sunni islam

Answer 4

hanafi- liberal
maliki- high value on traditions of prophet and his compnain- underrepresnts womens rights in islam specially proprty
Shaefi school= promotes istadil = every answer is in quran, The major drawback to the school was to the women’s rights to marry which was subjected to the consent of her guardian even after she’s major.
Hanbali school- In the school very less emphasis is laid down to the human logical reasoning and the ijmas and qiyas were also subdued in the school. The ijmas of the companions of the prophet were admitted only when it had no contradiction to the Quran and Sunna. The followers of the school are present in Saudi Arabia and Qatar.

Question 5

shia schools

Answer 5

1. The Imamiyah School –
   The school is the only one to allow ‘muta’ marriage or ‘temporary marriage’. The school of thought is further divided into Akhbaris and Usulis. The Akhbaris are ardent followers of religion and the Usulis apply the principles of Quran in the realistic chaos of life. The Shia’s are majorly of this school. The school is found in Iran, Iraq, Lebanon, Pakistan and India.

2. The Ismailiyah School- khojas are the ones who believed Aga Khan to be the 49th Imam and Bhoras are mainly merchants. Egypt saw prevalence of school in the Fatimid regime and is prevalent in south Arabia, Syria, Pakistan, central Asia and East Africa.

Question 6

Ahmed Khan Vs. Shah Bano Begum

Answer 6

ruled against the principles of the Muslim Personal Law when filing a maintenance claim with a divorced Muslim woman under Article 125 of CrPC, despite the ban under Muslim personal law. Shah Bano, a Muslim woman, had been divorced by her husband. She filed a maintenance action under Article 125 of the CrPC. In defending Shah Bano’s claim under section 125 of the CrPC., despite its prohibition under Muslim personal law, the Supreme Court expressed the hope that Parliament would take steps to enact the Uniform Civil Code under Article 44 of Constitution.

Question 7

Shayara Bano

Answer 7

of Shayara Bano, the triple talaq was challenged on the basis that it violates several fundamental rights such as Article 14, 15(1), 21, and also Article 25. The court had a divided opinion of 3:2, where the majority held that the practice of Triple Talaq is unConstitutional and violates the Fundamental Rights of Muslim Women. The majority found that the practice of Triple Talaq is not essential to religion. Therefore, as per the majority, it was held that triple talaq was not to be protected under Article 25 of the Indian Constitution as it is not an essential element of the religion

Question 8

Yousuf Rawther Vs. Sowramma

Answer 8

Yousuf Rawther Vs. Sowramma where it was observed that it is a disbelief that Muslim man has an absolute power to liquidate the marriage as and when they want under Quranic law and instant divorce does not accord with Islamic injunction. The Holy Quran forbids to divorce his wife till she remains faithful to him.

Question 9

Abdul Kadir Vs. Salima

Answer 9

, it was observed that the character of Muslim marriage is similar to that of a civil contract, as like civil contract marriage under Muslim law requires of offer (Ijab) from one side and acceptance (Qubul) from another side, which must be out of the free will, without any coercion, undue influence and fraud on the part of both the parties. In case of both the parties being minor, they have the right to either set aside or follow the terms of marriage.

Question 10

fasid marriage

Answer 10

irregular marriage
if without witness- ACKNOWLEDGEMENT B4 WITNESSES
fifth wife= divorce one wife
marriage of womman undergoing iddat= expiration of iddat
difference of religion= conversion to allowed religion for male and fem
if womanX is related to previous wife in a way that if X was male then wife couldnt marry him (sblings, nephew etc)= divorce old wife

to terminate fasid marriage= no consummation,
if connsummation= wife entitled for mehr, iddat to be observed, children are legitimate, but wife cannot inherit husbands properrty.

Question 11

MUTA marriage

Answer 11

marriage of enjoyment - pleasure and for a prefixed time
requires contract, muta marriage can be unlimited numbers
allows marriage with abrahmic religion and also zoroastrians- fire worshippers
shia cannot marry non muslim for muta marriage
muta marriage period should be predetermined in nikkah nama and once time runs out- marriage is dissolved ipso facto
mehr is NECESSARY and if term is not adequately fixed then it becomes permanent marriage
any kids from muta marriage- legitimate and can inherit from both parents
if marriage is conummates- full dower, if not= half dower. if wife leaves before expiry of term, husband can keep the proportionate amt

wife cannot claim maintainance under shia but can do under 125 crpc

Question 12

IDDAT

Answer 12

• if iddat through death- either till deivery of 4 month 10 days
• if through divorce= three courses of menstruation or if woman cant menstruate- three lunar months
• according to Muslim Woman protection of rights on divorce act- termination of pregnancy= end of iddat
• iddat begins= from date of death or divorce
• but if the knowledge of death pr divorce is recived by the wife after the months of iddat applicable to her= no iddat necessary
• in divorce iddat is only necessary if marriage consummated

Question 13

rights and duties during iddat

Answer 13

• ex husb gotta maintain wife during iddat
• she cannot remarry until iddat over
• husband cant marry 5th wife until iddat is over
• if either party dies during iddat- they can inherit from either
• if husband dies from illness before wifes iddat is over she can inherit

Question 14

Dower- Mehr

Answer 14

imposed upon th ehusband as a mark of respect to the wife
1. Specified mehr-
* prompt dower- husb has to give mehr as soon as marriage happens if demanded by wife and she can withold conjugal rights until paid
* deffered dower- payableon dissolution of marriage =death/ divorce
* if dissolution by death- mehr is taken from his porperty, if through divorce and non consummated marriage= half mehr

if wife dies then her heirs can file suit for mehr to be paid within 3 yrs
2.unspecified dower- proper dower
if amt is unspecified and wife even says ki she doesnt want mehr- she is still entitled to mehr and the amt fixed will be determined by court
mehr is determined considering the following =
1. social position of brides family
2. personal qualifiecations of wife
3. amout of mehr given to her female paternal relations-sister, aunt etc
4. husbands social position and his means

Question 15

what is the minimum mehr according law

Answer 15

10 dhs- hanafi law
3 dhs- maliki law
under shia law if mehr is unspecified then it cannot be more than 500 dirhams.
husband can increase mehr after marriage but cannot be decreased by husband

remission of dower- wife can remit if- she is giving free consent and has attained puberty

Question 16

talaq

Answer 16

talaq-i-rajaee= revocable divorce
90 days of arbitration and reconcilliation- then
talaq-e-bain= irrevocable final divorce.

directly irrevocable final divorce is not allowed= triple talaaq not allowed

men can give divorce without any cause if they are of sound mind and attained pubertty- in sunni law talaaq under compulsion or intoxication or fraud is valid but not in shia law

Question 17

talaq by husband

Answer 17

1. talaq ul sunnat
2. talaq ul biddat = 3 talaaq
3. ila
4. zahar

Question 18

talaq through wife and mutual consent

Answer 18

through wife- talaq-e-tafwid= husband gives wife power to declare talaaq
mutual consnet- husband can give wife or 3rd person based on some stipulation or condtiotions- time and conditions can be stated. ex if they agree that if husband marries a second wife- she will do talaq
even though the wife gave the divorce= the power of divorce was husbands so in the law it is wife divorced by husband

• khula and mubara’at

Question 19

talaq ul sunnat

Answer 19

1. talaq ahsan- best practice.
   single pronouncement of divorce- while wife is NOT menstruating, abstains from intercourse, during the 90 day period divorce is revoable after that it is irrevocable
2. talaq hasan- good practice
   3 pronouncements of talaq during the three tuhr (non menstruating periods) of woamns
   must abstain from sex until 3rd pronouncement

Question 20

talaq ul biddat

Answer 20

• irrevocable immediate divorce
• instant divorce
• was not recognised in most islamic countries
• only recognised by indian sunnis

now it is criminalised - shayara bano v uoi
Muslim Woman (protection of rights on marriage) - criminalises 3talaq with three years of punishment

Question 21

ila and zihar

Answer 21

ila- husband vowes to abstain from intercourse for 4 months and if he keeps his word= wife can get judicial divorce

zihar- if husband compares wife to his prohibited relations like compares his wife to mother etc the marriage is unlawful and wife may withdraw from him until penance and if he does not= judicial divorce

Question 22

Khula and mubara’at

Answer 22

mutual consent divorce
khula= wife offers husband with some consideration in return she is to be released from the marital bonds- once husband accepts the offer it is a single irrevocalbe divorce = talaq e bain

Mubarat= mutual parties desire seperation - no necessity of compensation- offer canbe from either side.

Question 23

judicial decree under dissolution of muslim marriages act

Answer 23

wife can get decree based on following grounds for divorce=
1. husband whereabouts uknown 4 yrs
2. husband fails to provide maintainance= 2 yrs
3. husband imprisoned 7 yrs
4. husband not perfoming marital obligations without reasonable cause- 3 yrs
5. impotence, leprosy, veneral virulent disease- 2 yrs
6. cruelty
7. repudiation of marriage by wife
8. and any other valid ground recognsied by muslim law

Question 24

lian and faksh

Answer 24

Lian: Where the wife is charged with adultery and the charge is false.She can file a regular suit for dissolution of marriage as a mere application to the court is not the proper procedure.

Fask: The cancellation, abolition, revocation, annulment. Before the passing of the dissolution of Marriage Act, Muslim women could only apply for the dissolution of their marriage under the doctrine of Fask.

Question 25

maintenance under crpc

Answer 25

SEC 125 CRPC
wife, children, parents can apply.
in order for wife (divorced or seperated): should not be in adultry, not remarried, living seperately without mutual consent, UNABLE to maintain herself.
if child(legitimate and illigitamate both) does not have suffiecient means- it is responsibility of father. if unnmarried duaghter then father obv has to maintain- but if she is married (major) then husband is responsible.
if child is physically or mentally challenged father is responsible. once daughter is married- husband is responsible

parents- biological, step, adoptive parents can claim if they dont have their own means.

Question 26

maintenance under muslim law

Answer 26

eligible: wife, child, parents

wife can get it as obligation of marriage, on basis of prenup agreement, under 125 crpc, under muslim women protection of rights on divorce act

Question 27

wife maintenance as obligation of marriage when?

Answer 27

wife gets maintenance when: she is faithful and obeys him reasonably. if she disobeys she can still get maintenance if:
* husband keeps concubine, cruelty, marriage is not consummated due to his illness, malformation, absence from her w/o prior oermission or husb has not attained puberty

she can also get it as a clause of her prenuptual agreement- since marriage is a contract in islam, she can add clauses for maintenance- this is maintenance is often called Kharcha-i-pandan
husbands liability to provide maintenance to DIVORCED wife is only till iddat period

Question 28

mohammad ahmed khan v shah bano begum

Answer 28

a woman has right to claim maintenance beyond iddat period till remarriage under 125 CrPC and since it is a criminal law not civil law- it is applicable secularly
then came muslim womenn protection of rights on divroce act vote bank politics- stated that ok only give maintenance till iddat but who will maintain wife? the people that would inherit if the woman dies will maintiain her and if not her then the waqf board will

Question 29

Daniel Latifi v UOI

Answer 29

liability of payment time is limited to iddat period BUT you have to come to an agreement of how many years this will support her. for ex 10 years ka maintenance to be payed within 3 months

Question 30

maintenance of children muslim law

Answer 30

father bound to maintain minor children till they attain majority and daughter till she is married.
he is not bound to maintain them if they refuse to live w him without any reasonable cause.

no obligations to maintain illigitimate child. mother has no obligation to maintain child- in hanafi if wife is hellllaaa rich then she may.

Question 31

• Shabnam Hashmi v Union Of India

Answer 31

woman wanted to adopt a kid but was given the title of guardian as muslim law does not allow adoption,, but then the issue was raised thay secular law allows everyone to adopt so which will prevail and the court held that everyone had the right to be adopted so woman was given the right to adopt and was declared parent.
held that in case of adoption Juvenile justice act will prevail overpersonallaw