How to mortgage if there are co-sharer in the property?
The law has been explained in the case ‘Byjnath lall v. Ramodeen Chowdry (1874)’ and the decision was further affirmed by Indian courts in various cases. Facts of the Case…
The law related to Waqf- At a Glance
Essential– The settled principles relating to the question of waqf are that the property dedicated by way of waqf must belong to the waqf or the dedicator at the time…
Does marrying second time amounts to cruelty to first wife in muslim law?
Islam allows a man to marry four times, however, it further cautions that a man should marry if he can do justice among his wives. A question arose in the…
Is it compulsory to register Hibanama (gift deed)?
Under s. 147 of the Principles of Mahomedan Law by Mulla, 19th Ed., Edited by Chief Justice M. Hidayatullah, visages that writing is not essential to the validity of a…
Can a muslim widow retain the property of her deceased husband until her dower-debt is paid?
A good authority on this subject is the case of ‘Maina Bibi vs Chaudhri Vakil Ahmed: (1925) 27 BOMLR 796’, judgment of which was delivered by Bombay High Court. An…
Is it legal to not allowed another sect’s muslims from praying in a mosque?
The tussle between sects in muslims is an old problem. The disputes between shia and suuni; deobandi and brailwi; wahabi and sunni; sunni and qadiani; over the pray in a…
Allahdad Khan vs Ismail Khan, 1886- Acknowledgement of sonship
The case Muhammad Allahdad Khan and Anr. vs Muhammad Ismail Khan, (1886) ILR 8 All 234 is an important case on ‘acknowledgement of sonship’ in muslim law. In the case,…
Right of the creditors against the heirs of Muslim dying intestate
The estate of a muslim dying intestate devolves under the Islamic law upon his heirs at the moment of his death i.e. the estate vests immediately in each heir in…
Are children of muslim parents entitled to grant of maintenance under Section 125, Cr. P. C.?
The question before the court in the case of Noor Saba Khatoon vs Mohd. Quasim, 1997. The exact question before the court was that, “whether the children of muslim parents…
Blood group test as a medium to prove paternity
Blood grouping test is a useful test to determine the question of disputed paternity. It can be relied upon by courts as a circumstantial evidence which ultimately excludes a certain…