islamic law
Post on 15-Jul-2015
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Muslim Personal Law
• Law: is set of rules and regulations, for establishing and maintaining social order.
• Who is Muslim: Any person who professes the Islamic religion, that is, acknowledges i) That there is but one God and that Prophet(PBUH) is His last prophet, is a Muslim.
• Muslim by Birth: It means that the parents of a child are Muslims and he has followed the same religion.
• Muslim by Conversion: means that a person has changed his religion and embraced Islam.
• Sects: Muslims are divided in to two sects, the Sunnis and the Shias.
• Muslim Personal law: is the branch of an Islamic Law in which we study among family matters such as Marriage, Will, Dower, Waqf, Divorce, Gift etc
• Islamic Jurisprudence: Deals with origin of Islamic Law. Its boudary is very vast comparatively family laws. Such as sources of Isamic law Quran, Sunnah etc
• Gift (Hiba): Definition: A hiba or gift is a transfer of property, made immediately, and without any exchange, by one person to another and accepted by or on behalf of the latter.
• Hiba means transfer of right of property in substance by one person to another without consideration which is a condition to be fulfilled in order to make a gift valid.
Elements of Gift
• Transfer of property.
• Immediate transfer.
• Without any exchange.
• Accepted by himself or on his behalf.
Persons capable of making gift.• Every Mahommdan of sound mind and not a
minor may dispose of his property by gift.
• Gift in the language of law means a transfer of property immediately and without any exchange.
• A donor with affected mental capacity, physical infirmity and old age could not constitute a valid gift.
• Gift to unborn person: A gift to a person not yet in existence is void.
• The person who make gift is called donor and to whom gift is made called donee.
• Parties to a Gift: i) Donor ii) Donee
• Persons who can make Gift: i) Muslim ii) Sound mind iii) Who have attained Majority age.
• Disqualification: Minor ii) Unsound Mind (Insane).
Essentials of a valid gift
• Subject of Gift must belong to donor.
• Subject of Gift must be in existence.
• Donor must make gift by his free will.
• Gift must be accepted by the donee.
• Delivery of possession of the subject matter must be done.
• Declaration of gift by the donor.
• Two types of property movable and immovable property. i.e land, goods.
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