Pre-emption is a right. The term pre-emption specifically means an opportunity to purchase an estate which is offered to one person before others. “It is a legal right of buying a thing before all others”[1]. Shufaa, or the privilege of pre-emption, is characterized to be an intensity of having property which has been sold, by […]
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Introduction The Muslim marriage in India is governed by uncodified or unwritten set of rules, the interpretation of this readings of the rules were said to be derived from the Holy Quran[1]. These personal laws do not have a particular legislation, they are said to be derived by relying on the observations by various jurists.
Equality in the Muslim Law of Marriage Read More »
INTRODUCTION If a rather reductionist synoptic may be allowed, Islam may perhaps be the comparison between the three Abrahamic sects, placed halfway between what might be considered legalistic Judaism and theological Christianity.[1] That’s because it’s almost unquestioned in modern Islam that it is only lawful to determine the will of God expressed in the Quran
Sources of Islamic Law Read More »
Lily Thomson v. Union of India[1] is a landmark case for determining whether the loophole of conversion of religion can relieve a person from certain duties and responsibilities. These responsibilities are put on the couple by legislations and acts related to marriage. They become binding on the couple after the solemnisation of it. Equivalent Citation
Lily Thomson vs Union of India : Case analysis Read More »
In every religion marriage is the purest ceremony that has to be performed as per the rituals and customs. Unlike the Hindu marriage, Muslim marriage is almost a contract where a sum of money or something is given to the wife as the consideration of marriage. Mahr in Muslim law is an amount paid to
CONCEPT OF MAHR IN MUSLIM LAW Read More »
Islam is one of the oldest religions in the world. This religion originally originated from Arabic countries but now it is being followed by the people of most of the countries in the world. Unlike the personal laws of other religions, the Muslim law in India is largely uncodified. This means that there is no law enacted by the legislature of the state to govern the Islamic religion in India.
Need For Codification of Muslim Personal Law Read More »
Marriage is a holy union of two souls but under the Mohammedan Law, marriage (Nikah) is defined as ‘The Union of Sexes’. Further Prophet Mohammed defines marriage as a civil contract and not a sacrament under the Muslim Law with the intent of procreation and legalizing the childbirth.
Dissolution of Muslim Marriage Read More »