Preferential right in Pre-emption
Meaning of Pre-emption The right of shufaa or pre-emption is a right which the owner of an immovable property possesses to acquire by purchase another immovable property which has been…
If parties belong to different sects, whose personal will be applicable?
On this question, the case of ‘Aziz bano v. Mohammad Ibrahim Hussain’ is considered an important authority. The judgment was delivered by ‘Justice Sulaiman and Justice Mukerji’ on behalf of…
Is Shia and Sunni marriage valid or voidable?
On this question, the case of ‘Aziz bano v. Mohammad Ibrahim Hussain’ is considered an important authority. The judgment was delivered by ‘Justice Sulaiman and Justice Mukerji’ as a judge…
Sharia-ul-Islam-the book which is considered the most authentic book on Shia law in Indian courts
As to the Sharay-ul-Islam Mr. Baillie in his Vol. II, page 26 has said that it is a-work of the highest authority. Mr. Shama Charan Sircar has called it a…
Can a mother give her second husband’s surname to her child?
The answer is given by supreme court in recent decision of Akella Lalitha vs Konda Hanumantha Rao, 2022. In the case, the dispute was between the mother and the parents…
The Procedure of Pre-emption with case example
The procedure to claim ‘right of pre-emption’ is of highly technical nature and full of formalities. There are some conditions required to be compiled to claim the rightful right. Therefore,…
Right of pre-emption or shufaa in brief
Meaning of Pre-emption The right of shufaa or pre-emption is a right which the owner of an immovable property possesses to acquire by purchase another immovable property which has been…
Is a wakf created for the lifetime of descendants valid?
A wakf in Islam is valid if it is dedicated for charitable and religious purpose. A wakf may be created in way that during the life time of descendants, they…
Do Muslim men really have unbridled power to divorce their wives?
The question was discussed by Justice Krishna Iyer, while delivering the judgment in ‘A. Yousuf Rawther vs Sowramma: AIR 1971 Ker 261’. Below mentioned text is taken from that judgment.…
Can a Muslim lady claim maintenance from husband while living apart from him?
The answer of the question is given by Justice Krishna Iyer while delivering his judgment in ‘A. Yousuf Rawther vs Sowramma: AIR 1971 Ker 261’ when he was serving as…