An edition of Islamic law and judiciary
Islamic law and judiciary
trend-setting judicial pronouncements on Islamic law since 1950
by Tanzeem Fatima
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Islamic law and judiciary: trend-setting judicial pronouncements on Islamic law since 1950
2001, Deep & Deep Publications
in English
8176293466 9788176293464
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Book Details
Table of Contents
Machine generated contents note: 1. SOURCES OF ISLAMIC LAW
Introduction
I. Primary Sources of Islamic Law
1. The Quran 2
2. The Sunnat and Ahadiths (Traditions) 10
3. The Ijma (Consensus of Opinion) 12
4. The Qiyas (Analogical Deductions) 16
II. Secondary Sources of Islamic Law
1. Urf or Custom 18
2. Judicial Decisions 20
3. Legislation 20
4. Justice, Equity and Good Conscience
III. Sources of Law According to Shias
IV. Source of Hindu Law and Islamic Law
2. NATURE AND CONCEPT OF MARRIAGE
Introduction
Origin and Concept of Marriage
Essentials of Marriage
Islamic Approach
Juristic Approach
Fact of the Case 31
1. Option of Puberty: (Khyar-ul-bulugh) 39
2. Restitution of Conjugal Rights 40
3. Polygamy 41
Judicial Analysis
Conclusion
3. DIVORCE
Introduction
Forms of Dissolutions of Marriage under
Muslim Law
By the Husbands 53
1. Talaq-al Sunnah 53
2. Talaq-ul-Biddat 55
3. Ila (Vow of Continence) 55
4. Zihar (Injurious Compassion) 55
5. By the Wife 55
6. By Mutual Consent 55
7. Lian (False Charge of Adultry) 55
8. False 56
Religious or Islamic Sanction Regarding Divorce
An Analysis of Islamic Approach 57
A. Divorce by Husband 57
B. Divorce by Husband before Consummation 59
C. Divorce by Wife 60
D. Procedure of Divorce 61
Thought of Schools of Islamic Jurisprudence on
Triple Divorce
A. Hanafi School 67
B. Hambli School 68
C. Shafii School 68
Judicial Scrutiny
Conclusion
Suggestion
4. DOWER
Introduction
Quranic Injunctions
Quran Ordians 83
Another Hadith 86
Definitions 87
Judicial Analysis
Fact of the Case 89
In Case of Widow's Claim for Mahr 94
Conclusion
5. MAINTENANCE
Introduction
Definition of Maintenance
Judicial Scrutiny
Summary of the Bill of 1986
Conclusion
Suggestions
6. PARENTAGE, LEGITIMACY AND
ACKNOWLEDGEMENT
A. Introduction
1. Parentage 141
2. Legitimacy 141
3. Two Methods of Legitimacy under
Islamic Law 142
B. Islamic View
1. Minimum Period of Gestation 142
2. Maximum Period of Gestation 142
C. Judicial Analysis
The Evidence Act v. Pure Islamic Law 144
D. Conclusion
7. GUARDIANSHIP
Introduction
Definition of the Term Guardianship and
its Classification 149
Guardianship 150
Kinds of Guardianship 151
Judicial Attitude 151
Fact of the Case 152
Conclusion
8. GIFT (HIBA)
Introduction
Definition 160
How Gifts are made-Essential Requisites 161
Exceptions to Gift of 'Musha' 164
Devices against Doctrine of Musha 165
Judicial Trend
Conclusion
9. WAKF
Introduction of the Conception of Waqf in India
Islamic View 171
Definitions, Meaning and Essentials of Waqf 172
Definition of Waqf under Mussalman Waqf
Validating Act, 1913 172
Definition of Waqf Act, 1954 172
Essential of Waqf 173
Doctrine of Cyprus
Application of Cyprus Doctrine 174
Distinction between the English and
Islamic Law 174
Doctrine of Musha
Meaning 176
Principle Relating to Doctrine of Musha 176
Judicial Trends: Wakf and the Constitutional
Law of India 176
Summary of Wakf (Amendment) Act, 1984 183
Salient Features of the Wakf (Amendment)
Act, 1984 189
New Wakf Act, 1995 191
Conclusion
10. WILL (WASIYYAT)
Introduction
1. Definition and Nature of the Term Will 197
2. Emergence of the Law of Will 197
3. Form, Capacity and What can be Bequeathed? 198
Judicial Trend
Conclusion
11. INHERITANCE
Introduction
Hanafi Law of Inheritance
Three Classes of Heirs 206
1. Sharers 206
2. The Qoranic Residuaries 207
3. Distant Kindred 214
4. Second Kind of Distant Kindred 214
5. Doctrine of Increase (Awl) 214
6. Doctrine of Return (Radd) 215
Judicial Scrutiny
Conclusion
12. APPLICATION OF TRUE ISLAMIC-
SHARIAH LAWS: SOME SUGGESTIONS
Annexures:
I. The Muslim Women (Protection of Rights on
Divorce) Act, 1986
II. The Wakf Act, 1954
III. The Wakf Act, 1995.
Edition Notes
Includes bibliographical references (p. [374]-388) and index.
Classifications
External Links
The Physical Object
ID Numbers
History
- Created April 1, 2008
- 4 revisions
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| December 5, 2020 | Edited by MARC Bot | import existing book |
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| October 30, 2008 | Edited by ImportBot | add URIs from original MARC record |
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