Muslim law

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Inception Of Shufaa (Pre-emption)

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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Sources of Islamic Law

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 …

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Lily Thomson vs Union of India : Case analysis

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 …

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CONCEPT OF MAHR IN MUSLIM LAW

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 …

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Need For Codification of Muslim Personal Law

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.

Dissolution of Muslim Marriage

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.