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…
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,…
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…
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 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…
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…