TOPIC 1:

FAMILY LAW
Introduction: Islam considers family as basis of civilization and marriage as foundation of family system. Holy
Quran and Sunnah encompasses every sphere of family life, following the injunctions of Islam we can lead happy
and prosperous life.
Islamic point of view: According to Islamic teachings marriage is essential.
Holy Prophet (PBUH): The Holy Prophet (PBUH) reported to have said Nikkah is my Sunnah and who so ever
rejects my Sunnah is not from me.
Sayings of Quran: The Quran says
Marry those among you who are single
A single person may be a man or a woman should be married. He/she may be a single on account of having not
yet married are account of dissolution of marriage by divorce or death of other spouse. Whatever may be the
reason for being single. He/she are spouse to marry or remarry even poverty is no excuse or justification to abstain
for marriage. Quran says If they are in poverty Allah will give them means out of his grace.
Monasticism: Which is considered to be an ideal way of life in some religion like Christianity is discouraged by
Islam.
Holy Prophet (PBUH) one makes his religion half perfect by marrying and he would meet Allah pure and
purified.
Ibbada: Marriage in Islamic society is considered as contracted in civil nature as well as Ibbada.
Permission of marriage: Islam permits of marriage of widows and divorced women unlike certain other religions
like Hinduism which do not allow a divorce or widow a remarry.
Religion of nature: Islam as the religion of nature understands human nature thoroughly. Therefore it allows a
man and a woman who want to marry to look at each other before marriage. It is a way which our religion advice
us would be spouse should see each other and should exercise their right of choice.
Holy Prophet (PBUH) says: The consent of a woman whether previously married or virgin is essential for
marriage.
Rights of women: The Islamic law provides clearly a right to a woman to exercise her choice for marriage by
saying yes or no. This idea of obtaining consent has led to the legal consent that for the completion of marriage
contract there must be a proposal from one side and acceptance from other side.
Elements of contract:
1.Parties to the contract
2. Proposal acceptance
3. Consideration
4. Free will
Competent witnesses: Marriage contract like any other civil contract is to be evidenced by two competent
witnesses proclamation
Publicity of marriage: Publicity of marriage is very important in Islam because Islam dislike secret marriage
hosting of walima is an obligatory Sunnah of Holy Propeht (PBUH) and this function is also provide the
occasion to public their union.
Holy prophet (PBUH):
You must celebrate the event of walima whether you cook a single
sheep
Conclusion: It is safe to conclude that all the mankind can lead peaceful, successful and purified life acting upon
the injunctions of Islam ordained by Allah providing exhaustive family system or code of life.
TOPIC 2:
DOWER
Introduction: The Dower is the financial gain which the wife is entitled to receive from her husband by the
virtue of marriage. It is also called Mehr. It may be settled before marriage, or at the time of marriage or even after
the marriage. The right of wife to dower becomes complete on the consummation of marriage. The amount of
dower may be increased after the marriage.
Contract of marriage: 1.Contract of parties
2.Proposal and acceptance
3. Consideration Amount of dower
4.Free will of parties
Definition of dower: According to the Muhammadan law, the wife is entitled to receive a sum of money or
other property from the husband in consideration of the marriage. This sum of money or other property , paid or
to be paid by the husband to the wife , is called Mehr or dower .
Fatawe-e-Almgiri: It is an obligation imposed by the law on the husband as mark of respect for the wife.
Importance of dower in Islamic law: Dower provides protection to the wife against the arbitrary dower of the
husband to pronounce divorce. It is a mark of respect to the wife and a check on the power of husband to divorce.
Capacity to make a contract for dower: The parties who are sound mind and have attained the age of puberty
may enter into the contract of dower.

Consideration of Dower: It is a consideration for the surrender of a person by the wife. Dower is a consideration
for wives sole and exclusive benefits.
Amount of dower: It is to be noted that the amount of dower which the bride groom has to be given to the bride
has not been fixed by law. It is depend on the agreement of two parties.
1.Amount has not been fixed by law.
2. on the approval of parties.
Holy Prophet (PBUH). Even an iron ring may be enough if the bride is willing to accept it
Fixation of dower: The payment of dower by a Muslim husband to his wife is essential obligation of marriage.
The teachings of Quran and precepts of Holy Prophet (PBUH) have laded much stress on dower which a believer
is duty bound to pay. However the amount is not fixed by the Quran and Sunnah. There is no maximum or
minimum amount of dower is fixed.
Make provisions: If a husband divorce his wife before consummation of marriage and before appointing at
amount of dower the husband has been directed of Quran to make provision for her According to his means.
Full amount of dower: If husband divorces her after fixing the amount of dower and there is consummation
between the two than husband is bound to pay full amount of dower to her either they have develop consumer
rights or not.
Half amount of dower: If a husband divorces his wife after the fixing of amount of dower and he divorced his
wife before consummation of marriage he is bound to pay half amount of dower to her.
According to the teachings of Quran: The man should give to their wife their dower willingly but if a women
agreed to remit whole part of amount due to his own decision the husband must have welcome his justice.
Remission of dower: Hazarat Umer and Qazi Shurah have declared that if a women remits the amount of dower
but later on she demands it the husband shall be compelled to pay because her demand shows a clear to that she
did not remitted of her free will are the situation of their relationship is now changed.
Kinds of dower:
I. Specified dower: An amount settled by the parties at the time of marriage or after is called specified downer.
it is also known as Mahr-I-Musamma.
II. Unspecified dower: Where dower has not been settled at the time of the marriage or after is called
unspecified dower.
Conclusion: To conclude I can say that, the dower is a sum of money or other property which the wife is entitled
to receive from her husband. it becomes complete on the consummation of the marriage. There is no, limit on the
minimum amount of the dower. The amount dower can be increased after the marriage.
TOPIC 3: MAINTENANCE
Introduction: Under Islamic law husband is duty bound to maintain his wife. The woman in Islam is exempted
from any financial earning liability. She is entitled for maintenance under Islamic law.
Definition of maintenance: Maintenance includes food raiment and lodging.
Meaning : The meaning of Nafqa is maintenance a man spends whatever on his family in the connection of food
clothing and lodging is called maintenance.
Primary duty of maintenance: According to the teachings of Islam a person is bound to maintain his wife,
children and in special circumstances his parents.
Traditions of Holy Prophet (PBUH): He is required to his followers to accord their wives the best possible
treatment he always emphasized to fulfill the rights of women. In his last address he said the apostle of Allah did
not forget to teach the believers to fulfill their obligations regarding proper maintenance of their women.
Remedies for wife: (i) Wife may file suit in the family court for maintenance.
(ii) Wife can also file application in the office of chairman of union council.
Liability of husband after divorce: The Quran also teaches the believers to proper treatment to their wives duty
of providing maintenance to the wife is so important that the Quran makes even a divorced wife entitled to it
during the period of iddah the husband could provide her food, clothing and lodging and he cannot expel her from
his home. If she is expecting the husband is bound to maintain her till the time of delivery and in case if she feeds
her child she would be entitled to receive the due maintenance for the service the Quran makes it a duty for the
poise and God fairing persons to make some provisions even for those women who have been divorce by them.
Standard of maintenance: No standard have been fixed for maintenance by the Quran and Sunnah however a lot
of guidance has been provided to determine it the Quran says:

At another place the Holy Quran directs Provide for them the rich according to his means and a mediocre a fare
provision spending for the children and for their education and well being. Carries higher merit even in
comparison to spend in the way of Allah are spending to free a slave.
Parents liability: If the father is poor or incapable of earning the mother if she is rich is bound to maintain her
children the liability of father for the maintenance of her children is not dissolve even if the children are living
whit their divorced mother.
Children liability: Children are bound to maintain their parents when the parents have no money and due to old
age or illness they are unable to earn their livelihood.
Conclusion: To conclude I can say that maintenance means expenses for food lodging health etc., if husband
fails or neglects to maintain her wife she can seek legal remedy and past maintenance can also be claimed and
recoverable as arrears of land revenue.
TOPIC 4: Void and Invalid Marriage
Introduction: Marriage of Nikkah is a civil contract, which is made by parties for the sole purpose and object
of benefiting themselves according to Shariat it is a method to legalize the cohabitation of a man and a woman
and issues out of this union are legitimate. Under Islamic law, contract of marriage, need not to be proved through
a written document.
Meaning of marriage: Marriage means wedlock, the mutual relation of the husband and wife. It is a contract
for the legalization of intercourse and procreation of children.
Nature of Marriage
Although a religious duty marriage is emphatically not a sacrament. There are no sacraments in Islam, nor is it
coverturesMohammedan marriage is purely contractual.
Definition of marriage:
According to Ameer Ali: Marriage is an institution ordained for the protection of society, and in order that
human being may guard themselves from foulness and un-chastity.
Proof of marriage:
Marriage can be proved by two modes.
(i) By the direct evidence of the witnesses.
(ii) By the written document i. e. documentary evidence.
Classification of marriage: Classification of marriage is as under.
(a) Valid.
(b) Void.
(c) Irregular.
Valid: A marriage which conforms in all respects whit the law is called valid marriage.
Void: A void marriage is null and void and creates no civil rights and obligation between parties. A void marriage
is no marriage at all. The illegality of such marriages commences from the date when they made such contract
following types of marriages are void:
(i) A Marriage of Muslim who has attain puberty and having sound mind if his marriage commences without his
consent.
(ii) A marriage prohibited from the ground that relationship forbidden according to the teaching of Islam.
(iii) A marriage with a woman who has her husband alive and has not been divorced by that husband.
(iv) A marriage prohibited on the ground of fort rage.
Legal effects of void marriage:
Following are the legal effects of void marriage.
No rights and obligation: The void marriage creates no right and obligation upon any party.
Illegitimate children:The children born out of such marriage are illegitimate.
No rights to inheritance:The deaths of one them dose not entitle the other to inherit form the deceased.
Irregular:An irregular marriage is one which is not unlawful in itself, but unlawful for something else. in
irregular marriage irregularity arises from an accidental circumstances.
Legal effect of irregular marriage:
Legal effect where consummation has not taken place: The irregular marriage has not legal effect if
consummation has not taken place.
Legal effect if consummation has taken place: If consummation has taken place the irregular marriage has
following legal effects.
Legitimacy of children: The children born out of such marriage are legitimate.
Right of dower: The wife is entitled of dower.
Right of inheritance: No right of inheritance is created the husband and wife.
Right of issues: The issues are entitled to share the inheritance.
Observation of iddat: A marriage with a lady who is observing the period of iddah is also only irregular and not

void following marriages are consider irregular or fasid:

(i) A marriage without witnesses or where the witnesses are deaf and dumb.
(ii) A marriage with a woman observing the period of Iddat.
(iii)When proposal and acceptance are not made and given in the same meeting.
(iv). Marriage of a Muslim made with a non-kitabia.
(v) A marriage to a fifth wife when 4 are already there.
Jurists opinion: According to the most of jurist cohabited marriages may be broadly divided into two categories
the Batil and Fasid marriages.
Batil marriages: A batil or void marriage is such marriage which is unlawful itself prohibition is perpetual and
absolute.
Fasid marriage: An irregular and fasid marriage is that which is not unlawful in itself but where the irregularity
arises from accidental circumstances such as the absence of two witnesses the prohibition is temporary.
Case of irregular marriage when parties avoid such marriage: In case of irregular marriage either of party
can avoid such a marriage by adopting one of the following modes or ways:
1. The husband can repudiate his wife.
2. Either of them can be sue to avoid it.
3. The court can itself move for its cancellation if the matter is proving to its notice.
4. Either of them can are his or her own terminate the marriage by a simple single declaration to that effect.
Conclusion:
To conclude I can say that, the legal effects of three kinds of marriages are different in nature. A void marriage
being illegal is null and void abinitio. An irregular marriage is not unlawful in itself but it has no any legal effect
before consummation.
TOPIC 5th
Polygamy is regulated by Muslim family law 1961
Introduction:Marry women of your choice two or three or four but if you fear that you shall not be able to deal
justly (with them) than marry only one
(Sura Nisa- verse 3)
SECTION 5: Muslim family law 1961 imposes a bane but this bane is not absolute in nature because this
section allows a married man to contract another marriage with certain conditions:
1.When a man wants to contract another marriage having already wife or wives he cannot do so without the prior
permission of arbitrary council. Any such marriage contracted without such permission shall not be registered
under this ordinance.
2.The women contracted marriage with a person already married and her husband did not obtained the permission
in such a case husband is liable and there is no liable on the women who married with a man who has been
already married.
3.The husband has not attained or obtained the permission of arbitration council complain by the 2nd wife the
complain of 2nd wife has no locus standi.
4. A man must take permission from the arbitration council in writing in which he should state the reason for
doing so and also mention whether he has obtained the consent of his existing wife or wives in this regard.
5. If a man does not fulfill the requirement of 2nd marriage then be will pay the entire amount of dower to 1st wife
either prompt or deferred in case of default that amount will be recovered as arias of land revenue.
6. The arbitration council during considering the application of 2nd marriage some reasons and facts are discussed.
For example: physical infirmity physical unfit for consumer rights are insanity existing wife.
7. An application for permission to contract another marriage shall be in writing having the consent of existing
wife or wives. In this connection this application contain a brief statement of the ground on which the new
marriage is being conducted this application must be sign with the payment of 100Rs.
8. Prior to obtaining permission from 1st wife, arbitration council would not validate the 2nd marriage; however
accused may face one year simple imprisonment and fine of 5 thousand rupees. If the wife denies about the
provided by the husband before the arbitration council the handwriting expert opinion cannot be challenged and
cross examined by the husband in this regard.
Conclusion: Family laws ordinance has put sanctions upon polygamy to save the Muslims from matrimonial
disputes that is necessary for peaceful and happy life.