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…
Does Section 112 supersede the Muslim law on parentage and illegitimacy?
Under Muslim Law Under the Mohamadan Law, a child born within less than six months after the marriage is illegitimate. Under Civil Law According to Section 112 of Indian Evidence…
Difference between Talaq and Khula
By Mohammaden law divorce may be made in either of two forms- talaq or khula. A divorce which is given by husband is called ‘talaq’ in muslim law and divorce…
Does divorce in Marj-ul-Maut (death illness) disentitle the wife from inheritance?
What is Marj-ul-Maut? In simple terms, a muslim who has the probability of death under his sickness, then that disease is called marj-ul-maut. When a person has disease (marj) which…
Wakf by User- Can the use of any property from time immemorial create wakf?
The answer was given by Punjab and Haryana High court in the case of ‘Dwarka Das v. Punjab Wakf Board, 1990’. In the case, a situation arose when the plaintiff-appellant…
When Justice UU Lalit appeared as amicus curie in the first case of Muslim Woman claiming maintenance from Wakf Board
Is it compulsory to first file case against relatives before wakf board, to claim maintenance under ‘Muslim women (protection of rights on divorce) 1986’? The maintenance case came at supreme…
Easiest Hand written notes to understand calculation in Muslim Inheritance
The ‘Law of Muslim Inheritance’ is complicated topic. The complexity naturally arises because equitable shares are allotted to heirs in Islam and every possible situation was thought. Therefore, there are…
Can a muslim male apply to court for divorce like a muslim female?
The answer is no, if we see the judgment of Jharkhand High Court in ‘Mohd. Yusuf v. Nasreen Begum’ (2018). In muslim law, muslim males have superior rights of divorce…
Nurjahan Bibi vs Md. Kajim Ali- Effect of laan if made in defending a suit
This case is an important case on ‘doctrine of laan’ in muslim law. When a husband alleges his wife of adultery, is called laan. If the allegations are false, the…
Doctrine of acknowledgement in muslim law- difference in legitimacy and legitimization
The concept of adoption is alien to muslim law but it recognizes the concept of ‘acknowledgement of legitimacy’ of a child. When the paternity of a child, that is, his…