explain the concept of islamic family law Navigation

CONCEPT OF HIBA UNDER MUSLIM LAW The conception of the term ‘gift’ as used in the Transfer of Property Act, 1882 is somewhat different from the practice under the Muslim Law. Objective and Importance of Dower 1. According to Islamic law, marriage is the most sacred commitment in life between two adults of opposite sex. The concept of Every rule that is good for humanity has been ordained in the Shariah of Allah (swt). Allah says in the Quran: Islamic law is oftentimes used as a synonym for sharia. Modes of Divorce/Talaq III. principles and Islamic law vary according to the commitment to Islam and the practical ability to apply them to the local circumstances. Islam, that is, who accepts the unity of God and the prophetic character of Mohammad, is a Muslim and is subject to Muslim law. Bangladesh is a multir according to Islamic law, consists in having majority (bulugh) and discretion. “the knowledge of Shariah rulings that relates to the practical aspects of a mukallaf (an accountable Muslim, i.e. (e) Discuss the essentials of a valid gift under Muslim law. Muslim law in … According to the legal definition, it means a dedication of some property for a pious purpose in perpetuity. The values and principles of the Sharia have been mentioned by great Muslim scholars of … Objects prohibited by Islam, e.g. Muslims regard the Children of Israel as an important religious concept in Islam. And if the Dower is not fixed at the time of marriage, then the law gives rights to the wife to decide upon the non-payment of Dower. Each takaful model (structure) may combine these principles in different ways, but a takaful product always is rooted in these four. Family Law journal is available as either a print or online subscription. Sharia law acts as a code of conduct for all aspects of a Muslim's life. Five Pillars of Islam 1.iii. Family life was created by Allah. Legal implications of divorce Divorce means the legal dissolution of the marital union between a man and a woman. This statement made by Mawdudi lays the basic foundation for the political, economical, social, and religious system of all Islamic countries which impose the Islamic law. The Prophet did not favour polygamy except in exceptional circumstances. Providing for the rich exclusively. The dictionary meaning of the term ‘adoption’ is Presence of the witnesses. time being a pioneer of Islamic economics, there could be nobody better than Dr. Chapra to explain the paradigm of Islamic economics which has attracted the interest of Muslim as well as non-Muslim scholars in the last two decades. It is an accepted principle of Islamic law that Iman consists of adherence to a certain set of doctrines and whoso- ever reposes faith in those doctrines becomes a Mu’min. Islamic law is oftentimes used as a synonym for sharia. Such a property is tied up forever and becomes non-transferable. (f) Under Section 2 of Muslim Women (Protection of Rights on Divorce) Act, 1986 Marriage or Nikah among Muslims is a ‘Solemn Pact’ or ‘Mithaq-e-ghalid’ between a man & a woman ,soliciting each others life companionship, which in law takes the form of a contract or aqd. Islamic economics has been having a revival over the last few decades. Abstract: This chapter deals with the four main sources of Islamic Law. This is how Islamic law was understood by Muslim scholars during its formative period. It consists of the injunctions of Quran of the traditions introduced by practice of the Prophet of the common opinion of the jurists of the analogical deductions of these three Qiyas. Introduction. For example, if a property has been acquired by the fGovernment, the owner of that property has no right to make a gift of that property. If we notice, for example, lying, cheating, breaching of contracts, The Grundnorm of Islamic Law 1.vi. 3) Kinds of Guardians -. Sharia law is Islam's legal system. Islam and Modernity. Since Muslim law permits the husband to divorce the wife at his whims, dower seeks to put a check on the capricious exercise of such power. It also acts as a check on the husband’s extravagance while having more than one wife. In Arabic, “arkan” … The work also provides a comparison between classical Islamic and modern Egyptian criminal law… Islamic–Jewish relations started in the 7th century CE with the origin and spread of Islam in the Arabian peninsula.The two religions share similar values, guidelines, and principles. This process was driven by the tremendous oil wealth that fueled renewed interest in and demand for Sharia-compliant products and practice. Definition of the term ‘law. Sharia law acts as a code of conduct for all aspects of a Muslim's life. class notes on family law unit (1st sem year ll.b) family law hindu law unit revision study notes for ll.b introduction of the hindu law concept of dharma hindu 4. (d) Explain the concept of Mushaa. Muslim Marriage Law: Polygamy in Islam. Introduction: A wakf under Muslim law is essentially a religious and pious obligation, though provision is sometimes also made for charities and for the benefit of oneself, one’s children and descendants (alal-aulad). New Delhi: Kitab Bhavan, 1999. INTRODUCTION:-Muslim Law in India means, “that portion of Islamic Civil Law which is applied to Muslims as a Personal Law. In Islam, monogamy is the general rule while polygamy is only an exception. “Under “the Muslim Law dower implies cash or property which the wife is entitled to get from the husband with regards to the marriage consideration. In other words, the Sharia may be called the spirit of the law, while Fiqh may be called the application of the law. Family is far more important; the notion of a million unborn children per year being aborted, and single mothers, is abhorrent in Islam. Mutual consent and public declaration of the marriage contract are its essentials. Introduction 2. The origin of wakf is traced to an utterance of the Prophet. The Prophet did not favour polygamy except in exceptional circumstances. Riba (Arabic: ربا ,الربا، الربٰوة ‎ ribā or al-ribā, IPA: ) can be roughly translated as "usury", or unjust, exploitative gains made in trade or business under Islamic law. Family Law / Hindu Law – UNIT I — Revision Study Notes for LL.B Introduction of the Hindu Law Concept of Dharma Hindu Law is a body of principles or rules called ‘Dharma’. According to the Muslim Marriage Laws in India, a man can have up to 4 wives, but a woman can only have one husband at a time. It is distinguished from Fiqh (jurisprudence) which is the practical application of those principles in real life. A person who owns such properties has no right to alienate them. 2. Political Islam 1.viii. Islam and the Family System Islam is the Final religion and has the most ideal shari `ah (revealed law). Basic Concepts What is law? The body of law relating to marriage consists of the general law, customary law and personal law. HUF is purely a creature of law and cannot be created by an act of parties (except in case of adoption and reunion). Islamic Law as a Divine Law and its Sources. It is pertinent to mention that the parts of Islamic law which are widely used in Muslim countries especially in Arab countries are only restricted to specific aspects of life such as family and inheritance laws, while western laws are practiced when it comes to management and economics. But, in Islam, the concept and criteria of this right is somewhat different from what it is in other systems of economy. However the legislature has extended statutory rights to Muslim women to give divorce to their husbands under the Dissolution of Muslim Marriages Act 1939. According to Hanfi jurists Muslim Marriage can be three types. The journal features the latest official guidances, in-depth case analysis and topical articles. certain amount of money as premium in exchange for the policy. Murder. Do' s and Don’ts Most people would agree that the law governs human behaviour by rules. In both these ways, wife agrees to let go of her dower or some part of any other property. FAMILY LAWS SRI LANKA. The Islamic law of Will allows a person to devolve his property upon a person of his own choice. erecting or maintaining a church or temple. The purpose of Is… It is hoped that the publication of this valuable lecture will enhance the understanding of this nascent Islam is a very complete way of life. In Muslim Law, it is treated as a contract consisting of a proposal or offer on the part of donor to give a thing and the acceptance of it by the donee. • Islamic family law, which addresses marriage, divorce, child custody, and inheritance, -- influence on Islamic law 1.ii. For Muslims, marriage was created by Allah to provide a foundation for individuals and the whole of society. What does Islam say about family life? Families are considered to be at the heart of every Muslim community. The Islamic Principles behind Takaful. The civil law as well as the constitutions of many Muslim states provide for equal rights between women and men. This is because it empowers some of the relatives to obtain a share in the property who are legally from excluded from inheritance under Islamic law. 1. In India, divorce law and procedure generally varies depending on the community to which the couple belongs. These duties are performed regularly and encompass duties to God, to personal spiritual growth, to care for the poor, self-discipline, and sacrifice. Introduction 2. For example paying taxes or … A wakf for the perairs of the waqif’s secular property is invalid according to Shea law. Modern Middle Eastern countries have been blind to this key concept in Islam, which ultimately protects governments from regressing into corruptive and totalitarian regimes because of the continuous and direct involvement of … Others define the family based on kinship. In case marriage is free from all sort of defects and infirmity, perfect in every respect and absolutely valid, it is called Saheeh. While Haya is an expected norm of personal behavior defining social morality, the basic Islamic personal law taught to Muslim children in homes or weekend schools around the world, from the United States to the United Arab Emirates includes the following concepts of Satr, Hijab and Nikah. The Moral Basis of Islamic Law -Enjoin Good and Prohibit Wrong 1.v. 2. However, we must understand this Islamic law to be a law created by men, and not the law of God which itself is perforce unknown and unknowable. Under the Muslim law the wives cannot divorce their husband on her own accord, she can only give a divorce only if her husband has delegated her right to do or that under an agreement. Islam also incorporates Jewish history as a part of its own. A detailed discussion about the regulations Islam has set in regards to dealing with crime in society. Sharia, Islamic religious-based law. Unlike Hindu law, the Muslim law of inheritance does not recognise the concept of ‘right by birth’ (Janmaswatvavad). From its beginnings in what is now Saudi Arabia over 1,400 years ago, it has grown and spread to include almost a billion adherents, living in virtually every corner of the world. However, it is still in a preliminary stage of development. Takaful is a form of mutual insurance based on the principles of cooperative risk sharing, mutual responsibility, mutual protection, and solidarity among groups of participants. Concept of "Islamic State" "An Islamic state is essentially an ideological state, and is thus radically different from a national state." If we look at the word ‘Waqf’, in its literal sense it is referred to as ‘detention’, ‘stoppage’or ‘tying up’. It attempts to save it wherever possible. It conforms with all the requirements laid down by the Shara for the marriage; The existence of proposal and acceptance. Islam is among the youngest of the world's major religions, belonging to the family of monotheistic faiths that also includes Judaism and Christianity. The concept of adoption is not a new concept rather the custom and practice of adoption is continuing from the past. (c) Discuss whether a female can get a share if a partition of the joint family property takes place under the classical law. Differences between Shia and Sunni law relating to Dower Islam, unlike other religions, strongly advocates marriage and treats it as a social necessity. As a consequence divorce is regarded by Allah as the most 'hated thing'. Islam (/ ˈ ɪ s l ɑː m /; Arabic: اَلْإِسْلَامُ ‎, romanized: al-’Islām, () "submission [to God]") is an Abrahamic monotheistic religion teaching that Muhammad is a messenger of God. In Islamic legal science, the philosophy or concept of ‘law’ is unanimous among all the jurists and the schools of law right from early periods till today. Islamic Family Law (IFL), which includes all matters of inheritance for Muslims, is an integral part of a rich, complex and highly sophisticated system of Islamic jurisprudence (commonly known as Shari’a) that can be traced back to the 8th and 9th centuries C.E. Under Muslim law, following means of enforcement of the right to dower are available to a wife (or widow): Refusal of Conjugal Rights Meaning of Dower III. The “five pillars of Islam” are religious duties that provide a framework for a Muslim’s life. In Islam, monogamy is the general rule while polygamy is only an exception. However, each differs in their interpretations . In fact, the Arabic term sharia literally means “path,” and is used in the Quran to refer to God’s law. It is only the death of a Muslim which gives the right of inheritance to his legal heirs. Muslims make up a majority of the population in 51 countries. A comprehensive, detailed, four-volume analysis of Islamic criminal law in a format that will be recognizable to lawyers and law students. Money is a measure of value only, and not valuable in itself; it is a medium of exchange or a unit of measurement, but not an asset. Secular with the adoption of constitutions, most Muslim countries have stopped using fiqh except in to matter of family law. Objects which are uncertain. Under Muslim law, an heir does not possess any right at all before the death of an ancestor. Sharīʿah - Sharīʿah - Development of different schools of law: Different regions within the Islamic empire developed divergent regional legal traditions, which were reproduced in study circles, or ḥalqah (so named because the teacher was, as a rule, seated on a dais or cushion with the pupils gathered in a semicircle before him). Synopsis 1. It has been observed in the case of M Kazim vs A Asghar Alithat waqf in its legal sense m… The word hiba literally means the donation of a thing from which the donee may derive a benefit, the transfer must be immediate and complete. The rights of the asaba were recognised by the Prophet Muhammad (SAWS) himself. A Muslim is accountable for what he does and what he fails to do in accordance with not only the letter but also the spirit of the law. Tutorial 1 Islamic law of insurance 1. However, each differs in their interpretations . However, Islamic family law as variously manifested in Muslim nations poses obstacles to women’s equality. Traditional Islamic teachings and traditions involve guidelines that have direct applications in the domestic sphere. Dharma according to Hindu texts embraces everything in life. Islam and Modernity. The All India Muslim Personal Law Board, a non-governmental organisation, for example, has called for a social boycott of people using talaq-e-biddat, but opposed a law to end it. The law does not insist on any particular form in which this contract is entered into or on any specific religious However, we must understand this Islamic law to be a law created by men, and not the law of God which itself is perforce unknown and unknowable. In this chapter, we will learn about the personal laws of Hindu, Muslims and the Christain community. Although Islamic finance began in the seventh century, it has been formalized gradually since the late 1960s. It includes a husband’s failure to provide obligatory financial support … Sharia law is Islam's legal system. The following are not recognized as valid objects of the wakf, by the Muslim law. Pamelia Khaled: Since Bangladesh is a pluralist country and not established on an Islamic religious basis, no religious debate should be about civil, criminal, and family laws. It is the world's second-largest religion with 1.9 billion followers or 24.9% of the world's population, known as Muslims. Tamils are governed by the general law in most marriage-related matters, whereas Kandyan Sinhalese can choose to be governed by the general law or their customary laws. 1. Law By: Norman Calder, Joseph A. Kéchichian, Farhat J. Ziadeh, Abdulaziz Sachedina, Jocelyn Hendrickson, Ann Elizabeth Mayer, Intisar A. Rabb Source: The Oxford Encyclopedia of the Islamic World Provides comprehensive scholarly coverage of the full geographical and historical extent of Islam Abdul Kadir vs. Salima, 1886 In this case, Justice Mahmood said that in Muslim Law, Dower is a sum of money that a husband promises to pay to the wife in consideration of nikah. (1) a natural guardian, (2) a guardian appointed by the will of the minor’s father or mother, (3) a guardian appointed or declared by a court, and. Islam greatly encourages marriage because it shields one from and upholds the family unit which Islam places great importance. Part 5: A discussion of what the legislation of these types of punishment seeks to bring about in a society., A detailed discussion about the regulations Islam has set in regards to dealing with crime in society. Criminal Law of Islam. However, breakdown in marriage does take place for a variety of reasons. Their belief is decided by the sets of laws. to keep society together and Muslims should follow the example of the Prophet Muhammad, who was married and raised a family. Answers ( 2 ) 297 votes. It is known that there are four Muslim schools of thoughts. 5. The essence of divorce in Islam is It is not necessary that a Muslim should be born a Muslim; it is sufficient if he is a Muslim by profession or conversion. In fact, the Arabic term sharia literally means “path,” and is used in the Quran to refer to God’s law. Islamic Jurisprudence & Law. Islamic Law, like any other law, is replete with a set of legal terms [1: p. 901] with concepts which may not exist in other laws, despite the fact that such legal concepts undergo conceptual developments across different legal systems. According to Section of the Hindu Minority and Guardianship Act, 1956 there are four Kinds of Guardians are as follows -. The Structure of a Muslim Family The structure of the family is three fold. consists of the husband, the wife, their children, their parents who live with them, and servants, if any.56The next group, the central fold of the Islamic law considers money to have no intrinsic value. Islamic period • In the tribal society of pre-Islamic Arabia, the system of inheritance was designed to: - keep property (wealth) within the individual tribe, to maintain its strength as a fighting force, to preserve the relation between the tribes, to kill the enemy and to be proud of … Dower is an obligation imposed upon the husband as a sign of respect for the wife. Personal law is defined as a law that applies to a certain class or group of people or a particular person, based on the religions, faith, and culture. The Sunni Islamic law of inheritance is therefore, an amalgamation of the Quranic law superimposed upon the old customary law to form a complete and cohesive system. Abstract: This chapter deals with the four main sources of Islamic Law. Its goal is to introduce some of the prevailing concepts of Islamic thought and to analyse the different disciplines and opinions that shape the practice of Islam today. Sharia , Islamic law, or Sharia law, is a religious law forming part of the Islamic tradition. Family Law - I Maintenance under Muslim Law The concept of Maintenance in Muslim law was introduced to provide support to those people who are not capable to maintain themselves. Classification of Dower – Specified dower – Proper dower 1. Under Muslim Law, there are two forms of mutual consent divorce, namely: Khula and Mubarat.In both these forms, the wife agrees to part or let go of her dower or a part of some other property.As per Muslim Law in a case of mutual consent divorce, the wife needs to pay some compensation for dissolving the matrimonial union. It is noticeable the majority of the rules are secular and uniform except Islamic family law. Therefore any person including a Muslim has no right to declare a gift of non- transferable properties. Explain the legality of Takaful in Islam 2. As the main source of Islamic law, the Quran outlines general guidelines for Muslims to follow when dividing the estate of a deceased relative.The formulas are based on a foundation of fairness, ensuring the rights of each individual family member. Under the Muslim Law, a gift is a transfer of property or right by one person to another in accordance with the provisions provided under Muslim law. Islam 1.vii. Domestic violence is addressed under the concept of harm ( darar) in Islamic law. The concept of Restitution of Conjugal Rights in Muslim Law was explained in the case of Abdul Kadir v. Salima, where the Allahabad High Court held that restitution must be decreed as per Muslim Law (Sharia) and not based on Judicial Morality or Natural Law. Riba is mentioned and condemned in several different verses in the Qur'an (3:130, 4:161, 30:39 and perhaps most commonly in 2:275-2:280). It is derived from the religious precepts of Islam, particularly the Quran and the hadith. Amongst these very important divinely instructed laws is the law of establishing justice. Introduction to Concepts of FamilyThe family can be conceptualized in numerous ways; underlying each is a fundamental idea about the structure of the family and its function in society.