Basica And Intro. Flashcards
ilm-ul-yaqeen
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,
Meaning of the word Islam
Submission to the will of God
in secular sense means establishment of peace
Mujtahids means
Jurists
Who can be called as Muslims
- Muslims by birth or origin
- Muslims by religion or conversion who professes Islam or persons who undergo formal ceremony of conversion
Salam Mudgal vs Union of India Air 1995 SC
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.
Lily Thomas versus Union of India Air 1995 SC
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.
Effect of conversion to Islam
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
Effect of apostasy that is renunciation of Islam on marriage
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
Muslim husband renounces Islam and converts to Hinduism
It’s so fact to his marriage with Muslim wife will dissolve
Married Muslim women renounce Islam and converts to Hinduism
The marriage does not dissolve it so facto
Hindu women converts to Islam Marry is a Muslim again convert To Hindu (former faith)
Here on converting to formal faith that is Hinduism the marriage with the Muslim husband will dissolved if so factor
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
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
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
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
What are the four primary sources of Muslim law
Quran,
Sunna and ahadis
Ijma
Qiyas
What is meant by ijma
Agreement of jurist with the followers of p r o p h e t Mohammed on some point of law
What is meant by qiyas
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
Meaning of Sunnat
model behaviour of Prophet Muhammad the narrations of what prophet Mohammed said, did, or allowed
Ahadish
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
Secondary sources of Muslim law
Urf (Custom)
Judicial decisions
legislation
justice equity(Istihsan) and good conscious
Istihsan
Equity in Islamic Law
What is Sharia
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
What is hanbali School of Law
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,
Hanafi School
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
What is Hedaya
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.
