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M. L. > Basica And Intro. > Flashcards

Basica And Intro. Flashcards

1
Q

ilm-ul-yaqeen

A

doctrine of certitude- the Arabic term employed by the Holy Qur’an for “Certainty based upon Knowledge” is ‘Ilm ul Yaqeen. We read in the Qur’an,

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2
Q

Meaning of the word Islam

A

Submission to the will of God
in secular sense means establishment of peace

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3
Q

Mujtahids means

A

Jurists

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4
Q

Who can be called as Muslims

A
  1. Muslims by birth or origin
  2. Muslims by religion or conversion who professes Islam or persons who undergo formal ceremony of conversion
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5
Q

Salam Mudgal vs Union of India Air 1995 SC

A

Husband already married Under Hindu law, embraced Islam and solomonize the second marriage in the Muslim law. The court held that the second marriage of a Hindu husband after conversion to Islam without having his first marriage dissolved under law would be invalid.

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6
Q

Lily Thomas versus Union of India Air 1995 SC

A

One personal law cannot be used to defeat the spirit or the purpose of another personal law. Supreme Court held that the husband is guilty of offence of bigamy under section 494 of IPC

Elaborated-
court held that he is making mokery of religion and is infringing the Civil rights and obligations of his wife so if someone Converse to another religion it should be done with respect to the other people’s freedom of action also if you are exercising your freedom of action and freedom of religion it should not hamper other persons freedom of action.

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7
Q

Effect of conversion to Islam

A

The rights and status of the convert becomes subject to the Mohammedan law and the case of inheritance is governed by Mohammad in case of no custom to contrary

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8
Q

Effect of apostasy that is renunciation of Islam on marriage

A

Marriage of Muslim husband with Muslim wife is dissolved so facto on renunciation of Islamic religion by husband. the renunciation of Islam by married women does not buy itself dissolve her marriage but where women converted to Islam from some other faith Re embraces her formal faith her marriage with Muslim husband stand desold

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9
Q

Muslim husband renounces Islam and converts to Hinduism

A

It’s so fact to his marriage with Muslim wife will dissolve

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10
Q

Married Muslim women renounce Islam and converts to Hinduism

A

The marriage does not dissolve it so facto

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11
Q

Hindu women converts to Islam Marry is a Muslim again convert To Hindu (former faith)

A

Here on converting to formal faith that is Hinduism the marriage with the Muslim husband will dissolved if so factor

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12
Q

If a Hindu male already married converts to Islam Mary’s a second wife, what will be the validity of first marriage
Issue number one of the case of Sarla Mudgal vs Union of India

A

The marriage will not dissolve ipso facto
The husband will not have any right to dissolve the marriage but the wife will get the right to dissolve the marriage on fault base grounds Section 5 (i) read with section 13 (1) (ii)
Can be said to be Voidable

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13
Q

If a Hindu male already married converts to Islam Marries a second wife, what will be the validity of second marriage I.e. Nikah
Ishu number 2 of Salam Mudgal vs Union of India

A

The second marriage will be VOID under section 494 IPC and not under section 11 of Hindu Marriage Act because Hindu Marriage Act applies only on Hindus and the husband and wife both are Muslim

and the husband can be punished under 494 IPC

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14
Q

What are the four primary sources of Muslim law

A

Quran,
Sunna and ahadis
Ijma
Qiyas

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15
Q

What is meant by ijma

A

Agreement of jurist with the followers of p r o p h e t Mohammed on some point of law

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16
Q

What is meant by qiyas

A

It is last primary source of Muslim law
Analogical reasoning
That is Reasoning by analogy or exercise of reason it does not propound of create new law nearly applies to old established principles of law to new circumstances

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17
Q

Meaning of Sunnat

A

model behaviour of Prophet Muhammad the narrations of what prophet Mohammed said, did, or allowed

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18
Q

Ahadish

A

Traditions what is so nice also Adith that is everything that Prophet Muhammad did or allowed the traditions which were not reduced into writing during the lifetime of Muhammad but are preserved from generation to generation

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19
Q

Secondary sources of Muslim law

A

Urf (Custom)
Judicial decisions
legislation
justice equity(Istihsan) and good conscious

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20
Q

Istihsan

A

Equity in Islamic Law

21
Q

What is Sharia

A

shariyat is basically code to which all Muslim at here to that is which provides for how to live how, how to lead the aspect of life
The Gods immutable divine law, it is a body of religious law, it is a part of Islamic tradition it is based on sacred script of Islam

22
Q

What is hanbali School of Law

A

Is one of the four only schools of religious law non specific specially for its role in codification of early Theological doctrine

Hanbali school is the strict traditionalist school of jurisprudence in Sunni Islam. It is found primarily in the countries of Saudi Arabia and Qatar,

23
Q

Hanafi School

A

The Hanafi school, which is the most popular one amongst Muslims, derives its name from its founder, Abu Hanafi. This school basically relies on customs and precedents of the Muslim community as the traditions of Prophet Mohammed.
The Hanafi School relies on ijma

24
Q

What is Hedaya

A

Hedaya is the most authoritative book of hanafi school. It covers topics like inheritance as well as succession amongst followers of this school. Sirajiyya is also an important work in this regard.

25
Q

Maliki School

A

This school derives its name from its founder Imam Malik-bin-Anas. It originates almost to the same period as the Hanafi school but it flourished first in the city of Madina.
Maliki school originates from Sunna and Hadis. These two important sources give importance to the sayings, teachings, customs and traditions of Prophet Mohammed.

26
Q

Shafi School

A

originates from Muhammed bin Irdis Shafi, who was a student of both Imam Malik and Imam Hanafi. The Muslim world considers him to be one of his most important jurists.

The Shafi school is basically a combination of the Maliki school and the Hanafi school. Ijma, i.e. the interpretations of jurists

27
Q

About justice equity and good conscious one of the secondary sources

A

Abu Hanifa the founder of hanafi set of Sunni expounded the principle that rule of law based on analogy could be satisfied at the option of judge on liberal construction or juristic preference to meet the requirements of particular case these principles of Muslim law are known as juristic equity

28
Q

What are the four schools that comes under Sunni law

A

Sunni Schools ·
A. Hanafi School ·
B. Maliki School ·
C. Shaffie School ·
D. Hanbali School.

29
Q

Free schools of Siya School

A

Ithna-Ashari or imaminia,
Ismaili and
Zayadi

30
Q

Sources of Muslim law as per shiyas

A

Quran
Ahadis
ijma

31
Q

Noor Jahan versus e-cenco air 1981

A

Held that Muslim law is applicable by Courts in India to Muslims and not in all but in Some matters only. It is been held at as regards marriage and divorce the shariat act requires the court to apply Muslim law only both parties are Muslim. If their four only one of them is Muslim the act will not apply

32
Q

Ine Sunni Law Mutta marriages

A

Unlawful but is lawful in Shia

33
Q

Dower in sunni law

A

Minimum 10 dirhams maximum no limit

34
Q

Dower in shiya law

A

Minimum no limit maximum 500 dirhams

35
Q

How is divorce given in Sunni law

A

Effected orally or by written document
presence of witness not necessary
words of divorce used by husband under compulsion or voluntary intoxication is also a valid divorce

36
Q

Divorce in law of Shia

A

Must be pronounce orally unless husband physically in capable than can be pronounced in writing
presence of two witnesses is necessary and
does not recognised divorce under compulsion or voluntary intoxication

37
Q

What is the rule of guardianship in Sunni law

A

Mother is entired to the custody of boy until 7 years of age and girl under she attains puberty

38
Q

Rule of guardianship in Shia law

A

Mother is entitled to custody of boy until he is 2 years of age and girl until she attains the age of 7 years

39
Q

Rule of maintenance in law of Shia

A

No obligatory to maintain father if he is earning

40
Q

Rule of maintenance in Sunni law

A

Liability on children to maintain father even if the father is earning

41
Q

Presence of two male witnesses at the time of marriage is necessary in

A

Sunni Lo but no such requirement is there for the time of dissolution of marriage on the other hand in Shia law no need of two male witnesses at the time of marriage but are necessary at the time of dissolution

42
Q

Dower

A

Sunnin- minimum 10 dirhams maximum no limit
Shia law minimum no limit maximum 500 dirhams

43
Q

In which school the divorce can be effected orally or in writing both

A

In Sunni Law
in Siya law must be pronounced orally unless husband is physically incable of pronouncing orally than in writing

44
Q

What is ijab - o- qabool

A

Acceptambe of marriage

45
Q

What is the age of puberty in Muslims in absence of evidence of it

A

15 years for both male and female

46
Q

Marriage without consent of a major is

A

Void

47
Q

For a valid marriage with respect to children’s

A

They must be
sound mind
major that is have attend puberty
must have consented
if not majot then consent of guardian

If major and not consented to marriage then marriage void

48
Q

Khayal ul bulugh

A

Means option of puberty

M. L. (2 decks)

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