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Family Law - II Muslim Law PDF Print E-mail
Written by Hanumant's Law Journal   
Tuesday, 08 September 2009 01:37

Family Law - II (Mohammadan Law)

Q. 1 What are the different modes of talaq? Identify differences between Shia and Sunni? What is talaq e tafweez? DIfference between talak ul sunnat and talak ul biddat. Can a muslim wife give talaq to her husband? If yes, under what circumstances? What are the grounds on which a muslim woman can demand talaq? State the consequences that arise from talaq under muslim law.

Q. 2 What is Mahr? Discuss various kinds of Mahr. what is the importance of mahr in muslim marriage? What is the difference between deferred and non-deferred mahr? Who can change the Mahr? "Dower is a debt in nature." What are its legal consequences? What are the rights of a wife at the non-payment of dower? What are the rights of a muslim widow to retain possession of her husband's estate in lien of her dower.

Q. 3 Define Gift. Who can give gift? What are the three essentials of Gift? What are the kinds of Gift? What is Mushaa? Explain with illustration. What gifts are void? What is the difference between Hiba Bil Iwaz and Hiba Ba Shart ul Iwaz? State the circumstances in which delivery of possession of immovable property is not required in making a gift.

Q. 4 Define wakf and explain the essentials of a valid wakf. What are different kinds of wakf? What is the difference between contingent and conditional wakf? How is wakf created? Can a wakf be created only for the benefit of one's family? When is wakf complete? What are the legal consequences of a valid wakf? Define Mutawalli. Who can be a mutwalli? Who are incompetent to be mutwalli? By whom can he be appointed? Can a mutwalli be removed? How?

Q. 5 Discuss the nature and meaning of will. What are the essentials of a valid muslim will? Who can make a will? What are the formalities necessary for a valid will? What restrictions are imposed on a muslims's testamentary disposition? Explain. Distinguish between shia and sunni laws regarding will.

Comments (69)
  • rockgurl  - hiba
    your site helped a lot...can you upload more i nfo abt hiba? as in d conditions required and revocation of hiba, consequences and issues regarding it.......
  • sara khan  - hiba
    Gift" is the transfer of certain existing moveable or immoveable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee. Such acceptance must be made during the lifetime of the donor and while he is still capable of giving. If the donee dies before acceptance, the gift is void.

    The conception of the term "gift" as used In the Transfer of Property Act is somewhat different from the use in Mohammedan law. In the Mohammedan law a gift is a transfer of property or right by one person to another in accordance with the provisions given in the Mohammedan law and includes-
    a) A hiba, an immediate and unconditional transfer of the ownership of some property or of some right, without any consideration or with some return (ewaz); and

    b) An ariat, the grant of some limited interest in respect of the use or usufruct of some property or right.
    Where a gift of any property or right is made without consideration with the object of acquiring religious merit, it is called sadaqah.

    The terms "hiba" and "gift" are often indiscriminately used but the terms "hiba" is only one of the kinds of transactions which are covered by the general term "gift". A hiba is a transfer without consideration. A gift by a Muslim in favour of his co-religionist must be under the Mohammedan Law. A gift is not a contract (though in Muslim law it is called a contract) but the principle may be applicable even to gift.

    In ordinary legal effect, there cannot be a `gift' without a giving or taking. The giving or taking are two contemporaneous, reciprocal acts, which constitute a gift. Section 122 of the Act postulates that a gift is a transfer of certain existing movable or immovable property made voluntary and without consideration by one person called the donor, to another, called a donee and accepted by or on behalf of the donee. The essential elements of a gift are
    (a) The absence of consideration;
    (b) the donor;
    (c) The donee;
    (d) The subject-matter;
    (e) the transfer; and the acceptance.
    The concept of gift is diametrically opposed to any presence of consideration or compensation.
    In order to constitute a valid gift, the pivotal requirement is acceptance thereof. No particular mode of acceptance is required and the circumstances throw light on that aspect. A transaction of gift in order to be complete must be accepted by the donee during the lifetime of the donor. Factum of acceptance can be established by different circumstances such as donee taking a property or being in possession of deed of gift alone. If a document of gift after its execution or registration in favour of donee is handed over to him by the donor whom he accepts, it amounts to a valid acceptance of gift in law. The specific recital in the deed that possession is given raises a presumption of acceptance.

    Conception Of Property
    English Law.-In order to appreciate the questions of conditions in gifts (and also in bequests) it is necessary to first note the different conceptions of property in English and Mohammedan laws. The English law as to rights in property is classified by a division on the basis of immoveable and moveable (real and personal) property. Rights in land described as "estate in land" do not always imply only absolute ownership but also rights which fall short of it and are limited to the life of the grantee or otherwise limited in respect of time and duration or use property in all these various forms are described as "estate". Ownership of land is thus split up into estates distinguished in point of quality (e.g., into legal and equitable estates) and in point of duration (e.g., estates in fee simple, in tail, for life or in remainder.'
    Mohammedan Law.-In general, Muslim law draws no distinction between real and personal property, and there is no authoritative work on Muslim law, which affirms that Muslim law recognises the splitting up of ownership of land into estates. What Muslim law does recognize and insist upon, is the distinction between the corpus of the property itself (ayn) and the usufruct in the property (manqft). Over the corpus of property the law recognises only absolute dominion, heritable and unrestricted in point of time; and where a gift of the corpus seeks to impose a condition inconsistent with such absolute dominion the condition is rejected as repugnant; but interests limited in point of time can be created in the usufruct of the property and the dominion over the corpus takes effect subject to any such limited interests. Limited interests in respect of property are not identical with the incidents of estates under the English law. Under the Mohammedan law they are only usufructuary interest (and not rights of ownership of any kind).
    Thus, in English law a person having interest in immoveable property for limited periods of time is said to be the "owner" of the pr...
  • Irfan  - Hiba - Good explanation
    Good explanation Sara! Actually quite detailed. Well done and all the best.
  • Abdul Baqi  - thanx for thise post
    Dear sara khan thank you,,,,,,,,,,,
  • Krishan Mitroo  - Muslim Law
    I wish to study muslin law on inheritance; in case of property - moveable & immovable - in the absence of a will of the deceased.
  • nitin  - muslim marriage dissolution act 1939
    hello bro in muslim law ist two questions are same. mean when i click on 2nd , it opens 1st Q. i want muslim marriage dissolution act 1939 notes plz add it bro
  • NILESH S. PANDIT  - L.L.B 1st Semister Exam preparation
    Dear Mr. Deshmukh,

    I have done Masters in Microbiology and qualified Indian Gov Patent Exam and now preparing for LLB. I have total 9 years of experience and i am actively involved in IPR. However I wish to have some guidance from you as to how do I prepare for my LLB Exams I am a first year LLB student. Hope to recieve your reply.


  • sidheshwar bhimde  - plz help
    :)L L B first semester Notes .plz provide me
    I Need 1st semester Notess For all Subject .Plz Provide me As early as possible.paper's get start from 23 may.Do the needfull
  • Priyanshu
    Dear Mr. Deshmukh

    You have done an excellant job. I would only s***est that more attention be paid to bring out the recend decisions of the higher court.

  • sitara khan
    what remedies are available to a muslim women whos husband got married to another women without divorce the first wife. what judicial steps she can take?
  • Sneha Bharti
    in muslim law a muslim husband can get married to 4 muslim women....no judicial steps can be taken by the women who got married to a muslim husband till he get married to the 5th women.
  • shafakhan  - void marriage
    fifth marriage is void
  • sai kiran
    5th marriage is void in shia community and 5th marriage is irregular in sunni community ...
  • shafakhan  - in muslim law husband has right to second marriage
    in muslim law husband has right for second marriage but he should treat equally with both wifes
  • Anonymous
  • hassaan
    hello sir..
    i wanna asked a query.
    is any difference between hibba and gift? if yes then what?

  • Pappu  - reply
    Gift is a generic term that includes all transfers of property without consideration. In India, Gift is considered equivalent to Hiba but technically, Gift has a much wider scope than Hiba. The word Hiba literally means, the donation of a thing from which the donee may derive a benefit. It must be immediate and complete. The most essential element of Hiba is the declaration, "I have given".
  • shameer  - Exellent
    hi all this exellent site
  • MEENAKSHI  - study
    :) i doing LL.B. and clear Ist semester
  • Anonymous
    Good.... i think u'll go higher.... keeP iT uP... ;))
  • Irfan  - ROTFL!!
    simply incredible!!
  • Lal Mohammad  - L.L.B. 1st Semester
    i am doing L.L.B..
    can you pls provide us some usfull books.
  • sayed rizwana rizvi  - meher
    mehar kya hai apki law ke mutabik yahi na ki ek aurat ko diya gaya patifal hota hi ji , jara soche aur vichar kare kay ye sahi ye jo sunte rasul mohd mustfa salam ne to ye nahi kha tha fir ye kyu skiya jath hai law ki book me ji is ka jawb de hame. kya ek aurat apni bawnwo and love ke badle ko rupyo me to nahi tolti hai fir kyu is ko mulla ne esa likh diya hi ji plz jah tak ho sake is pusti kare aur apke jawab ke itejar me sayed rizwana rijvi
  • sony  - wakaf board can i get more information
    mutawalli definition
  • ayyan  - mutawali
    mutawali means ksi masjid ya dargha ka bara jis k pas adm ka sara ikhtayar hota hay ya aam tor par masjid ya dargha k baray k liay use kartay hain
  • Jibran
    excellent notes one the subject of Muslim Law.some topics in Muslim Law are missing,please complete it.thanks
  • gangatharan  - jast for it..
    hello sir i want some notes... for 2nd sem...
  • ashutosh tiwari
    please upload up, mp judiciary pre exam 2012 papers
  • shafakhan  - thx
  • Fahim  - Misuse of Dom Violence and Dowry Act 498A for hara
    As per Islamic Law if the husband was to give talaaq how can he safeguard himself from undue harrassment on grounds of domestic violence and dowry being misused
  • shafakhan
    divorce is right of husband but he should treat with his wife very nicely as per islam culture because wife is gift of god
  • arshad ishrat ali  - divorce is not the right of husband it is only an
    iIn the eye of ALLAH THE MOST DISGUSTING 'Jaiz' thing is talaq, talaq is not the right of husband it can be used only in the exceptional circumstances when it become extremely impossible for husband and wife to live with eachother but unfortunately this injunction of HOLY QURAN is not being followed by muslim because of no or less knowledge of 'deen' and also because of so called 'maulana'.and at last quran also gives option of divorce to wife too ie. 'khula'
  • shafakhan
    do hard work with honesty read j***ements of all court carefully
  • Anonymous
    dear sir need ur help for llb exam my
  • Maheen  - nice
    superb notes about Islamic topic, elaborated very well.even the people who joins , Specially Miss Sara.
  • Anonymous  - pls give notes on hindu law-2
    :D pls sir give notes on hindu law-2
  • tyagi  - ll.b 2nd year
    fab answer,s
  • k f mungle
    thanks..v.clearly xplaind
  • Anonymous
    father gifted a flat to his son under Hiba ( oral gift ) the said gift was done before two witnesses and possessoin was delivered whether it requires registratoin or not
    the son again gifted the same flat to his wife under registered gift at the time of registratoin the son and his father reduced inwriting the above said oral gift as memorandum of oral gift for the purpose of Reg. Gift is it valid
  • RAM KISHUN KUMAR  - hindu law and muslim law spl conract law cont

    mai ek ex serviceman aur mai ab llb 2nd semester ka exam dena sir/mam pl mara ko important q nad asn Available karne ke kirpa kariga

    Your student

    ex Hav R K kumar Haridwar
  • sumeet
    I am the student of LLB II Sem

    i require the bare act of the following
    1. Law of torts andconsumer protection law
    2. law of contract II
    3. law of crime
    4. family law II (mohammedans law)

    please send me the above bare acts .

    thank you very much

  • Pari Deol  - Awesome....
    the notes provided by u guys r simply awesome and also the ppl or i must say the members givin deir help in spreadin info r incredibly helpful....
    i must say it a al new means to study wic cn b calld grp study ....
    Congratz 4 hvn dis platform....

    Wud appreciate if ne info or help regdin judiciary b also parted as m aspirant of judiciary n hs no God Father in dis field....

    wil b waitin 4 sum guidance .....

    Congrats n thkz 1nz again ...... !!
  • shanu  - important question for llb llnd sem, company law.
    Dear sir,
    mai mjpru se llb 2nd sem ke exam de raha hu,
    17/ 06/2013 ko company law ka exam hai, sir plz mujhe kuch important question bata dijiye.
    shanu moradabad, 9927378294
  • ira junaid abbasi  - notes
    I saw ur comt can u plz help me out for notes of llb part 2 .
  • arvind saxena  - muslim law
    kya hum muslim law ma kaise career bana ssakta ha
  • S.S.K.Sastry  - To pursue law

    I am a government servant. Willing to pursue law for years. Since there is no night college option, unable to do it. Kindly advise how can i fulfill my desire of becoming a law graduate. I am 45.

  • Anonymous  - good
    take as a direct course.
  • Vishal  - who is muslim..??
    plz provide answer of dis qstn..
  • anuja  - plz provied me LLB entrance exam notes
    plz provide me LLB entrance examination notes for patna university .
  • raju  - More than information sir
    :Dear sir
    i am 2 year llb student in m.u plz
    Send more infomation on my email .
  • pabitra panika
    please give the answers of above questions
  • id  - tanku.. v want evn more
    :D :D
  • suraj kashyap  - can waqaf be created by mushaa property
    can waqaf be created on mushaa property
  • afsar ahmad  - required answer
    i want to know that adopted child age in muslim law and adopted child have right in properties

    with regards


    afsar ahmad
  • manali subhash sheth  - query
    hi sir,
    i need a some help from u, my exam will be started on 10th oct , muje 1st @ 2nd sem ke notes puna university ke notes chahia, so plz sir help me

    Thanks & regards
    manali sheth
  • ira junaid abbasi  - appriciation
    Hey . Nice sites for law lovers . Well I m on of the toper . I wan ask many question but not finding the way to ask . Even u guys also hve rule not to request for notes n disscussion mode I m nt finding it helpfull so lf anyone could do help to me for part 2 .thankx for that .hopng for a soon favourable answer ob my email . About other subjects n eyc n I can also help part 1 students whoever need notes cn contact me
  • Rani suryawanshi  - what is islam ? state the rise of Islam with histo
    i am llb student 1 yrs plz notes give me
  • Anonymous
  • javed khan  - information for muslim indian land law.....

    I am javed khan .I am medical student . So I need details for land law in india muslim.
    My ? is .....

    MY father total 9 sun .I am 2 no sun.I have 6 brother and 3 sister.My fathe deith in 1986...
    after only one me my father property 32 m certificate 6 acar.resident maximum 1986 to 2015...years work in land only me but my brother is work other place in gov.dept...1975 to 2015 all brother is retaired with painsan...
    and sister maried.kulkayada maitioned my father name so my ? is....

    so only metioned my name is 7/12 entry so what prosiger becasue 7/12 entry maitioned my father name,but 40 yrs work in this land only one me... no other brother and sister.so taba only me.....40yrs kulkayada land purches my father?

  • javed khan
    32 M CERTIFICATE land.

    kul is my father so only one my name mationed in 7/12 so what produser becose posetion only me 40 yrs no brother and no sister this is work in other place and setel...no come in land 40 yrs...father property pajetion only me 40 yrs it's possible yes or no..
  • Ahmadullah Ahmadi
    Very nice and useful information wish for more improments
  • md aftab aslam
    Hi sir

    My nema : MD Aftab a slam
    is son is eligible for his share in grand mother property when father is alive?
  • Anonymous
    Disscus the source of muslim law ...pls ans this question

  • Anonymous
    Creative ideas , my colleagues some time ago came across https://goo.gl/OCeezq to access pdf . It's phenominal easy to use and it's cheap - I was notified that they are offering a free trial ongoing
  • Anonymous
    Women's are just the play toys in muslim..They are used as per there wish..
  • Anonymous
    Hello evryone and my request is to you that could anyone please provide the pdf of notes?(FAMILY LAW II)
  • Parth Chauhan  - very needfull article
    sir I have follow through ur MAHr article.
    its very easy to understand and very conceptualize article.
    I am second year law student of Saurashtra University , Rajkot.

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Hanumant Deshmukh
B.Tech.(IT-BHU, Varanasi),
CFA, LLB (Hons)

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