Islamic Law

9 min read

Islam

Sajjadanashin: right and honour

The Right Honourable Syed Ameer Ali in his “Mahommedan Law,” Vol. 1, pages 443, 444, states: Such superiors in India are called Sajjadanashins. (Sqjjada is the carpet on which prayers are offered). The Sajjadanashin is not only a Mutawalli...

Deen vs Mazhab

1 min read

Islam

Deen vs Mazhab

Mazhab/Madhab never mentioned in Quran but Deen has been mentioned. Deen means a complete system, Social- Economic- Religious, whereas Mazhab only religious portion within the fold of Deen. Quran Chapter 5 Surah Al Maidah verse 3: Today I (Allah)...

Namaz

1 min read

Namaz

نماز – Namaz is a non-Arabic word and not mentioned in the Quran , possibly originated from Persian or Turkish. Arabic-Islamic prayer is called Salah from Arabic صَلَاة‎ . Persian Namaz or Namas and Sanskrit Namas [ नमस्] had...

Jihad in the Koran

39 min read

Islam

Jihad in the Koran

جهاد’ Al-Mujahiduna الْمُجَاهِدُونَ لاَ يَسْتَوِي الْقَاعِدُونَ مِنْ الْمُؤْمِنِينَ غَيْرُ أُوْلِي الضَّرَرِ وَالْمُجَاهِدُونَ فِي سَبِيلِ اللَّهِ بِأَمْوَالِهِمْ وَأَنفُسِهِمْ فَضَّلَ اللَّهُ الْمُجَاهِدِينَ بِأَمْوَالِهِمْ وَأَنفُسِهِمْ عَلَى الْقَاعِدِينَ دَرَجَةً وَكُلاًّ وَعَدَ اللَّهُ الْحُسْنَى وَفَضَّلَ اللَّهُ الْمُجَاهِدِينَ عَلَى الْقَاعِدِينَ أَجْرًا عَظِيمًا (النساء: 95). [مدنيّة.]...

Wars in Islam

1 min read

Islam

Wars in Islam

Wars in Islam fall under three categories: i. Defensive war—war by way of self-protection; ii. Punitive war—blood for blood; iii. War to establish freedom Now whereas Islam does not permit that anyone should be converted by force or by threat to...

Halala in Quran and legal approach

7 min read

Islam

Halala in Quran and legal approach

And if he hath divorced her (the third time), then she is not lawful unto him thereafter until she hath wedded another husband. Then if he (the other husband) divorces her, it is no sin for both of them...

Difference between a Khula divorce and a Mubara’at divorce

3 min read

Difference between a Khula divorce and a Mubara’at divorce

The difference between a khula divorce and a mubara'at divorce is that in khula the wife desires the divorce and initiates it, while in mubara'at both spouses desire the separation. Mulla, p. 265. The Hanafi school believes that all...

Different modes of dissolution of marriage under the Muslim Personal Law (Shariat)

4 min read

CIVIL

Different modes of dissolution of marriage under the Muslim Personal Law (Shariat)

It is important to note that both under khula and mubaraat there is no need for specifying any reason for the divorce. It takes place if the wife (in the case of khula) or the wife and husband together...

Legal Effects and Consequences of Muta Marriage [Temporary Marriage]

2 min read

Islam

Legal Effects and Consequences of Muta Marriage [Temporary Marriage]

As per Ithna Asharia law : (1) The cohabitation between the parties is lawful. (2) The children are legitimate and have rights to inherit the properties of both the parents. (3) But, the Muta-husband and wife have no mutual rights...

Islamic legal maxims [Al-Qawa’id]

2 min read

Islam

Islamic legal maxims [Al-Qawa’id]

FIVE LEGAL MAXIMS AND THEIR DERIVATIVES Matters shall be judged by their objectives(Al-Umur bi-maqasidiha) 1- Contractual stipulations are to be understood by their intended meaning, not strictly by their wording or formulation. 2- Intention generalizes the specific, and specifies...

Adverse possession and Mahomedan law

2 min read

CIVIL

Adverse possession and Mahomedan law

Under the Mahomedan law applicable in India, title to a mosque can be lost by adverse possession. If that is the position in law, there can be no reason to hold that mosque has a unique or special status,...

Indian Muslim Law in Nutshell

46 min read

Indian Muslim Law in Nutshell

Sources of Muslim Law : (1) Quran (2) Sunna (3) Ijma (4) Quiyas. (5) Customs (Urf) (6) Judicial Precedents. (7) Legislation. (8) Good Conscience and Equity.