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 PREFACE

A fairly good command over law subjects is essential for

any law graduate to become a successul lawyer or a
judge. Then which is the best way to deal with all the
major, minor & local laws? Mere reading of bare act is not
sufficient to enhance legal knowledge. Linking method is
the one such unique & revolutionised way to study all the
procedural & substantial laws.

Linking Laws technique provides better chances of success in imparting

knowledge of the statutory provisions and also developing insight into the
subject. This linking approach is designed to make subjects more intresting and
meaningful. The arrangment of sections of a staute is done in such a impressive
way that it will assist a learner to go through several statutes in a single stroke.

After going through this study material, a learner would surely be able to
acknowledge that linking approach is an adequate method to study the basic
fundamental principals of law along with the analysis of relevant sections.

TANSUKH PALIWAL

CAUTION

All posibile care has been taken to present correct legal position in the e-notes. The
author is not in any way responsible for any loss or damage arising to any person
from any inadvertent error or omission in these e-notes.

©Legal IQ | All rights reserved & vested exclusively with Legal IQ.
Any unauthorised act w.r.t this material will be voilation of IPR Laws.

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 MUSLIM LAW
Sr. No. TOPIC PAGE NO.
1 Introduction to Muslim Law 3
2 Who is a Muslim? 3
3 Sources of Muslim Law 4
4 School of Muslim Law 5-6
5 Difference between Sunni Law & Shia Law 7
6 Marriage(Nikah) 8-11
7 Dower/Mahr 12-14
8 Talaq 15-21
9 Dissolution of Muslim Marriages Act, 1939 22
10 Age of Puberty 23
11 Maintenance 24-26
12 Hiba / Gifts 27
13 Marz ul Maut 31
14 Wassiyat / Wills 32-34
15 Guardianship 35-36
16 Hizanat (Custody) 37-38
17 Wakfs, Mutawalli, and Wakf Boards 39-42
18 Shuffa / Pre-emption 43
19 Muslim Women (Protection of Rights on Marriage) Act, 2019 44

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 INTRODUCTION TO MUSLIM LAW

“MUSLIM LAW” believes that there is only one

god, Allah. Islamic law is said to be originated by
man-made laws that are governed by modern
system of law. Islam signifies submission to the will
of God and means peace, purity, salvation, and
obedience.

The Muslim Law or Islamic Law is a personal law

and a branch of civil law which is applied to
family matters.

Muslim law is called “SHARIA”

“FIQH” means to understand details & refers to
inference drawn by the scholars
“SHARIA” means principles behind fiqh
“MUSLIM” derived from word “ISLAM” which
means a person who adopts faith of Islam

WHO IS A MUSLIM

MUSLIM BY BIRTH MUSLIM BY CONVERSION

 Believes in one God  Converts by profession of

Prophet Mohammad Islam
 Converts by formal
ceremony

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 SOURCE OF MUSLIM LAW

ANCIENT
ANCIENT SOURCES MODERN SOURCES CUSTOMARY SOURCES

QURAN ISTI HASAN

SUNNAH ISTI SALAH

QIYAS IJTEHAD
SALAH
IJMA TAQLID
SALAH
FATWA

ANCIENT SOURCES:-
1. QURAN - Believed to be the direct word of God as revealed to Muhammad through angel
Gabriel in Mecca and Medina
2. SUNNAH - Defined as "the traditions and customs of Muhammad" or "the words, actions and
silent assertions of him". It includes the everyday sayings and utterances of Muhammad, his acts,
his consent, and acknowledgments of statements and activities.
3. QIYAS - Legal deduction according to which the jurist, confronted with an unprecedented case,
bases his or her argument on the logic used in the Koran and Sunnah.
4. IJMA - Legal deduction according to which the jurist, confronted with an unprecedented case,
bases his or her argument on the logic used in the Koran and Sunnah.

CUSTOMARY SOURCE –
Customs are accepted as supplementary to the Muslim law.
Conditions of a valid Custom :
1. Must be continuous and certain
2. Be universal
3. Be reasonable
4. Should not be in contravention of Quran or the Sunnah
5. Need to be ancient and immemorial

MODERN SOURCES :-
1. ISTI HASAN – Jursitic Prefernce
2. ISTI SALAH- Public interest
3. IJTEDAR – Excercising one’s own resoning to deduce rule of law
4. TAQLID – Law of Precedents
5. FATWA – Decisions of Muslim Judges

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 SCHOOLS OF MUSLIM LAW

ANCIENT SCHOOL MODERN SCHOOL OTHER SCHOOLS

SUNNI SHIA IBADI

SCHOOL
AHMADIYA
ASHARIAS
HANAFI SCHOOL ITHNA ASHARIAS SCHOOL
SCHOOL
SCHOOL
MALIKI SCHOOL
ISMAILIS SCHOOL
SCHOOL
SHAFI SCHOOL
ZAIDYS SALAH
CHOOL
HANBAL SCHOOL

SHIA AND SUNNI ?

Who is a Sunni ?
The ‘Sunni’ word is derived from the
Arabic word ‘Sunnah’ which means
‘way’, referring to “One of the path” or
“one who follow the traditions of the
Prophet”. One group that favours the
principle of the election in choosing the
Imam. This group is known as “Sunni’.

Who is a Shia ?

At the time of the death of the Prophet, there was a quarrel between the two groups in which
one group favour the principle of the election in choosing the Imam known as ‘Sunni’ and one
group opposed the principle of the election in choosing the Imam and proclaimed that the Ali is
the successor of the prophet. This group is known as ‘Shia’.

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Tansukh Paliwal