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…
Mother is natural guardian of illegitimate child, no matter who is the father.
This was explained in detail by Indian supreme court in the case of ‘Gohar Begam vs Suggi Alias Nazma Begam 1959. Facts of the case A muslim woman ‘gohar begum’…
Is the custom excluding the muslim daughter from inheritance valid?
The answer of this question was given by Jammu & Kashmir High Court in the case of Ghulam Hassan vs Mst. Saja on 25 May, 1983. The present case was…
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…
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…