the muslim law or islam law.docx

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The Muslim Law or Islam Law (or the Law of Allah) is a part of Family Law . It is a personal law and a branch of civil law that is applied by courts in regard to family matters when the parties are muslims. Muslim Law is called Sharia (Shariah or Syariah) in Arabic. Fiqh = understanding of details and refers to the inferences drawn by scholars Sharia = Refers to the principles that lie behind the fiqh. The word 'Muslim' is derived from the word 'Islam' and signifies a person who adopts the faith of Islam. Muslim Law in general draws no distinction between religious life and secular life Origin of Muslim Law Muslim Law or the Islamic Law is believed to have been originated from the divine. The Divine communicated it to Prophet Muhammad who prescribed them in Quran. In the later days, the disciples of Prophet Muhammad (or Muslim jurists) have refined and polished these principles. The provisions of Quran are vast and dealt with almost all aspects of human life. o Who is a Muslim? o To whom does Muslim Law apply? o When is Muslim law not applied to Muslims? o When is Muslim law applied to non-Muslims? o Fiqh and Shariat Schools of Muslim Law Sunni School Shia School Motazila Muslims Sources of Muslim Law Quaran as the source of Muslim Law Primary and Secondary Sources Customs Judicial Decisions Legislation Marriage

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The Muslim Law or Islam Law (or the Law of Allah) is a part of Family Law. It is a personal law and a branch of civil law that is applied by courts in regard to family matters when the parties are muslims. Muslim Law is called Sharia (Shariah or Syariah) in Arabic. Fiqh = understanding of details and refers to the inferences drawn by scholars Sharia = Refers to the principles that lie behind the fiqh. The word 'Muslim' is derived from the word 'Islam' and signifies a person who adopts the faith of Islam. Muslim Law in general draws no distinction between religious life and secular lifeOrigin of Muslim LawMuslim Law or the Islamic Law is believed to have been originated from the divine. The Divine communicated it to Prophet Muhammad who prescribed them in Quran. In the later days, the disciples of Prophet Muhammad (or Muslim jurists) have refined and polished these principles. The provisions of Quran are vast and dealt with almost all aspects of human life. Who is a Muslim? To whom does Muslim Law apply? When is Muslim law not applied to Muslims? When is Muslim law applied to non-Muslims? Fiqh and Shariat Schools of Muslim Law Sunni School Shia School Motazila Muslims Sources of Muslim Law Quaran as the source of Muslim Law Primary and Secondary Sources Customs Judicial Decisions Legislation Marriage Polygamy nature of Muslim marriage Essentials of a Muslim marriage Iddat Kinds of marriage Irregular marriage Muta marriage Restitution of conjugal rights Dower Concept of Dower Proper Dower Specified Dower Prompt and deferred dower Remission of dower Rights of dower Dissolution of Marriage Divorce by husband Talaq Kinds of talaq Ila Zihar Divorce by wife Delegated talaq Divorce by mutual concent Parentage and Legitimacy Parentage Maternity Paternity Legitimacy Presumption of legitimacy under Islamic Law Acknowledgement of paternity Adoption according to Islamic Law Differences between Adoption and Acknowledgement Guardianship Types of Guardians according to Islamic Law Natural Guardian Testamentary Guardian Guardian appointed by Court De-facto Guardian Powers and functions of Guardians Mother's rights of custody (Hizanat) of child Father's rights of custody (Hizanat) of child Custody of Illegitimate Child Custody of Minor Wife Guardianship for marriage Guardianship of property Maintenance Maintenance of Wife Maintenance of Divorced Wife Maintenance of Widow Maintenance of Children Maintenance of Illegitimate Children Maintenance of Parents Maintenance of Relatives Maintenance of Daughter-in-law Gift (Hiba) Definition of Hiba Constitutional validity of Hiba Declaration of Gift Acceptance of Gift Gift to a child in womb Gift to a juristic person Gift to a Minor or lunatic Gift through a trust Gift of insurance policy or life estate Gift of dower Gift of services Doctrine of Musha Conditional and Contingent Gifts Revocation of gifts Irrecoverable gifts Wills Definition of a Will Essential conditions of a will Joint legatee Lapse of legacy Subject-matter of will Abatement of legacies Conditional and Contingent Will Revocation of wills Death-bed gifts Death-bed acknowledgement of gifts Waqfs Definition of Waqfs Essentials of a valid Waqf Waqf by non-muslim Waqf of Musha Difference between Waqfs and Trust Doctrine of Cyprus Modes of creation of Waqf Muslim religious endowments Public and private mosques Idga Khankah Imambara Qbristan Pre-emption Doctrine of Pre-emption Essential elements of Pre-emption Administration of Estates Executor and Administrator Vesting of the estates Payment of debts Widow as creditor Legatee's liability Inheritance Pre-Islamic Customs Islamic Reforms General principles of Islamic inheritance Sharers Doctrine of Increase Doctrine of Return Differences between Sunni and Shia law of inheritance