Muslim law is a part of personal laws or family laws. It is not a codified law. People belonging to Islam are governed through shariyat. While studying, there are many terminologies and terms which are difficult to be understood. Most of the terms are in Arab, but it is not that difficult.
Important Terms in Muslim Law
1. Ayyam-e-jahiliya- It refers to the pre-Islamic era.
Muslim law is believed to have been derived from the divine. Muslim law in India is considered as that portion of the Islamic law that is applicable as personal law to Muslims. Muslim law applies to Muslims, but not in all matters.
The sources of Muslim law are classified into two major heads:
A. Primary sources
B. Secondary sources
Muta Marriage is a marriage for a fixed period of time that is only for sexual pleasure. There are some rules, conditions, and essentials of Muta Marriage.
1. The parties must have attained the age of puberty, which is above 15 years of age.
2. There is no restriction on the number of Muta wives.
3. There must be a free consent by the parties.
An Act to consolidate and clarify the provisions of Muslim law relating to suits for dissolution of marriage by women married under Muslim law and to remove doubts as to the effect of the renunciation of Islam by a married Muslim woman on her marriage tie.
WHEREAS it is expedient to consolidate and clarify the provisions of Muslim law relating to suits for dissolution of marriage by women married under Muslim law and…
1. A child born within six months after the marriage – the child is Illegitimate unless the father acknowledges the child.
2. A child born after six months from the date of marriage is presumed to be legitimate.
3. A child born after dissolution of marriage is legitimate-
a. Under Shia Law if born within 10 months.
b. Under Hanafi Law if born within 2 years.
c. Under Shefai and Maliki if born within 4 years.
It is often said that marriage under muslim law is simply a contract which unites bride and groom fulfilling certain conditions like consent, witness etc. But what I want to ask is “how can a marriage be a contract?”
Why are we putting a sacrament called marriage into the shutter of contract! Is it only because its essentials correlate or are similar with that of a contract. Is this why we have termed it as a contract?
MUSLIM WOMEN PROTECTION OF RIGHTS ON DIVORCE ACT, 1986 An Act to protect the rights of Muslim women who have been divorced by, or have obtained divorce from, their husbands and to provide for matters connected therewith or incidental thereto. Be it enacted by Parliament in the Thirty-seventh year of