Muslim Family Law in India (Part 1: Sources of Law, Marriage, Divorce, Maintenance, Guardianship)
By Nayab Naseer
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About this ebook
This book is a summary of the Muslim Family Law in India, covering primary and secondary sources of Muslim Laws, rules regarding Marriage and Divorce, Maintenance of Wives and relatives, Guardianship of Children, and Adoption. It offers the legal perspective on several burning topics of the day, such as marriage to four wives, triple talaq, Shah Bano case of maintenance of Muslim wives, Mutah marriage, and more. This book is especially useful for LLB students in India.
Nayab Naseer
Nayab Naseer is a post graduate in Human Resource Management with over a decade of corporate work experience in India and the Middle East. He likes to travel, read books, and write!
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Muslim Family Law in India (Part 1 - Nayab Naseer
MUSLIM FAMILY LAW in INDIA
(PART 1: SOURCES OF LAW, MARRIAGE, DIVORCE, MAINTENANCE, GUARDIANSHIP)
Nayab Naseer
Smashwords Edition
Copyright 2017 Nayab Naseer
This ebook is licensed for your personal enjoyment only. This ebook may not be re-sold or given away to other people. If you would like to share this book with another person, please purchase an additional copy for each recipient. If you’re reading this book and did not purchase it, or if it was not purchased for you use only, then please return to your favorite ebook retailer and purchase your own copy. Thank you for respecting the hard work of this author.
TABLE OF CONTENTS
Sunni v Shia Islam
Primary Sources of Muslim Law
Secondary Sources of Muslim Law
Concept and Nature of Marriages in Islam
Conditions of a Valid Marriage
The Marriage Ceremony in Islam
Different Types of Marriages in Islam
Mahr and Dower Debt
Prohibited Relationships (Mahrims)
Divorce (Talaq and other forms)
Iddat
Maintenance of Wives and Shah Bano Case
Muslim Minority and Guardianship
Adoption in Islam
SUNNI v SHIA ISLAM
Islam was established in the Arabian Peninsula by Prophet Mohammed (570 CE-632 CE). Following his death, dispute arose among his followers as to who would succeed him as the leader of the Muslims. One group pitted for Abu Bakr, who won and became the first caliph of Islam. The other group (since then known as Ahlul bayt), had pitted for Ali, the cousin and son-in-law of the Prophet, on the contention the leadership should vest with the Prophet’s family. The community nevertheless remained united during the reign of the first two caliphs – Abu Bakr and Umar. Matters came to a head during the time of the third caliph, Usman, who was accused of nepotism. Utman was eventually murdered, and Ali was accepted as the fourth caliph. However, the supporters of Utman, under the leadership of Mu’awiyah, refused to accept Ali as the caliph, and demanded the caliphate for Mu’awiyah under the customary law that the successor of a murdered person was entitled to the murdered man’s rights and position. The Muslims soon became vertically split into two camps – Shia Ali and Shia Mu’awiyah, and a civil war ensured. Shia literally means group. Even Ayisha, the wife of the Prophet, took to the battlefield in favour of Mu’awiyah. Several notable companions of the Prophet sided with Ali as well. Eventually Ali was murdered, and Ali’s son, Hassan became the fifth caliph. However, in order to bring unity among Muslims, Hassan abdicated the caliphate in favour of Mu’awiyah, on the condition the caliphate will return to Hassan or his successors on Mu’awiyah’s death. However, after Mu’awiyah’s death, Mu’awiyah’s son Yazid usurped the caliphate, denying it to Hussain, Hassan’s brother and the Prophet’s grandson. Matters reached a flashpoint during the battle of Karbala, when Yazid’s army beheaded the Prophet’s grandson and send his head on a platter to Yazid’s palace at Damascus. Islam suffered an irrevocable vertical split on that day. Shia Mu’awiyah (the followers of Mu’awiyah), who had the caliphate and the political power began to be referred to as Sunnis, and the majority of the jurists supported them for patronage. The followers of Ali (Shai Ali) became to be referred to as just Shias.
There are various sub divisions within both Sunni and Shia groups as well. The four well known schools among Sunnis arte Shafis, Malikis, Hanafis, and Hanbalis, based on four leaders who compiled their own collection of hadeeths and other aspects of fiqh. The Wahabbi or Salafi sect, popular in Saudi Arabia and many parts of the world today, is actually a neo-Hanbali school.
Differences