Latest from Muslim Law

Misuse of Section 125 CrPC and Domestic Violence Laws: A Concerning Trend

Titile

Domestic violence is a grave societal issue that warrants stringent legal measures to protect victims and ensure justice. Laws such as Section 125 of the Criminal Procedure Code (CrPC) and the...

How Much Freedom Did The Triple Talaq Bill Bring For Muslim Women

Titile

Among almost all the nations of antiquity, divorce was regarded as natural corollary of marital rights. Romans, Hebrews, Israelis etc. All had divorce in one or the other form even though the p...

Hayatuddin v/s Abdul Gani: Unwrapping the Gift of Property Ownership

Titile

The expression "gift" refers to an uncompensated transfer of property interest from one living person to another. It is inter vivos in nature and gratis. This is the accepted universal definiti...

Cases On General Rules Of Succession And Exclusion From Succession Under Isla...

Titile

The Holy Quran, Sunna (prophetic tradition), Ijma (a network of educated men who agree on a given topic), and Qiyas (a network of educated men who agree on a specific topic) are the four main s...

Doctrine of Pre-emption

Titile

Pre-emption law has its origin in the saying of the prophet. Pre-emption or shufa means conjunction, which is adjacent. In the case of Govind Dayal v. Inaytullah (1885), Mahmood J describes pre...

Talaq And Judicial Response

Titile

Talaq, an Arabic term signifying divorce in Islamic law, holds significant cultural and legal implications within the framework of Muslim societies. This practice allows a husband to dissolve h...

Triple Talaq in India: Legal Insights, Impact, and Reform Efforts

Titile

Under Muslim law, divorce or Talaq unlike marriage or nikah, dissolve the sacred marital tie between a husband and wife. It is done only by the husband either by single or three successive pron...

Mutawalli Under Muslim Law

Titile

The manager or superintendent of the waqf is known as the 'Mutawalli'. Such a nominee has no powers to sell or exchange or mortgage the waqf property without the prior permission of the court, ...

Maintenance (Nafqah) Under Muslim Law

Titile

Introduction In Arabic, 'maintenance' translates to Nafqah. It's a term that refers to "what one spends on their family." In law terms, Nafqah encompasses three key things: food, clothing, and...

Will (Wasiyat) Under Muslim Law

Titile

A Will is a declaration by the owner about how his property will be distributed after his death. One can make his Will either orally or in writing. A Will takes effect upon the death of the tes...