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Syed Khalid Rashid's Muslim Law, 5th Edition / Bharatiya, V.P. (Dr.) (Revised)
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Syed Khalid Rashid's Muslim Law, 5th Edition
Bharatiya, V.P. (Dr.) (Revised)
 
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List Price : US$ 34.95
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  Book ID : 27073
  ISBN-10 : 93-87487-95-4 / 9387487954
  ISBN-13 : 978-93-87487-95-6 / 9789387487956
  Place of Publication : Lucknow
  Year of Publication : 2018
  Edition : 2018 (5th Edition) (Reprinted with Supplement)
  Language : English
  468p., Index, 24 cm.
   
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 CONTENTS
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CONTENTS:-

- I: THE CONCEPT AND BACKGROUND OF MUSLIM LAW:
- The relevance of the study of Muslim law in contemporary world
- Conditions of Pre-Islamic Arabia
- Sources of Muslim law
- The birth of Shia and Sunni sects
- The Schools of Muslim Law
- 'Shariat' and 'Fiqh'
- Development of Muslim Law

- II: MUSLIM LAW AS APPLIED AND INTERPRETED IN INDIA:
- Introduction
- Historical
- Shariat Act of 1937
- The Dissolution of Muslim Marriages Act, 1939
- The present position
- Who is a Muslim
- Categories of Muslims and applicability of Muslim law
- Rules of interpretation
- Islamic Courts

- III: MARRIAGE (NIKAH):
- Pre-Islamic background
- Definitions of marriage
- Nature of Muslim marriage
- Formalities of a valid marriage
- Legal effects of a valid marriage
- Stipulations in marriage contract
- Classification of marriages
- Prohibitions to marry in certain cases
- Guardianship in marriage
- Option of puberty (Khyar-ul-bulugh)
- Restitution of conjugal rights
- Polygamy in Islam: A critique

- IV: DOWER (MAHR):
- Pre-Islamic background
- Definitions of 'Mahr'
- The nature of dower
- Kinds of dower
- Subject-matter of dower
- Minimum and Maximum Amounts of dower
- Amounts of dower and conditions of payment
- Widow's right to retain possession of her husband's estate in lieu
- of unpaid dower
- Dower divorced from divorce and mated with maintenance

- V: DIVORCE (Talak):
- Pre-Islamic background
- After the advent of Islam
- Modes of dissolution of marriage
- Husband's unilateral power to divorce: A critique
- Effects of divorce
- Formalities necessary for remarriage
- Apostasy and conversion as grounds of divorce
- Use of conversion to elude criminal liability forbigamy
- 'Iddat': Its rationale, utility and periods
- Dissolution of foreign marriages
- Divorce through agreement
- Talak - Not an Arbitrary Power

- VI: LEGITIMACY AND PARENTAGE (Jayaj aur Rishta):
- Pre-Islamic background
- Parentage
- Legitimacy
- Presumptions of legitimacy
- Acknowledgment of paternity (legitimacy) (Iqrar)
- Conditions of valid acknowledgment
- Effects of acknowledgment
- Position of adoption in Muslim law
- A comparison between acknowledgment and adoption

- VII: GUARDIANSHIP (Valaya):
- Concept of guardianship in Islam
- Appointment of guardian
- Age of majority
- Kinds of guardians
- Kinds of guardianship

- VII : MAINTENANCE (NAFAQA):
- Introduction
- Definitions
- Persons entitled to maintenance

- IX: WAKF:
- Importance
- Constitutional position
- Origin of wakf
- Development and foreign influence
- Meaning and definition of wakf
- Kinds of wakf
- Legal incidents of wakf
- Creation of wakf
- Who can create wakf
- What can be made as wakf
- In whose favour can wakf be made
- Objects of wakfs
- Wakf with uncertain objects
- Contingent or conditional wakfs
- Essentials of a valid wakf
- Administration of wakfs
- Application of the income of wakf
- Remuneration to Imams
- Wakf and Trust distinguished
- Position of family wakfs in India

- X: GIFT (HIBA):
- Introduction
- Definitions
- Essentials of a valid gift
- Registration
- Constitutional validity of oral gifts
- Who can make gifts
- In whose favour (donee)
- What may be given in gift
- Conditional, contingent and future gifts
- Gifts in the form of trust
- Revocation of gift
- Gifts involving return (ewaz)
- Life estate and Life interest
- Shiite law of life interests

- XI: PRE-EMPTION (SHUFA):
- Meaning, origin and development
- Advent of shufa in India
- Definitions
- Nature of the right of pre-emption
- Constitutionality of pre-emption
- Application of the law of pre-emption
- The pre-emptor
- Characteristics of sale giving rise to pre-emption
- Difference of religion or sect
- Formalities to be observed
- Subject-matter of pre-emption
- Legal effects of pre-emption
- Loss of the right of pre-emption
- How pre-emption is evaded
- Sunni law and Shia law of pre-emption-Comparison

- XII: WILL (WASIYAT):
- Concept and meaning
- Definitions
- Form of will
- Who can make wills
- What and how much can be bequeathed
- For whom the bequest can be made
- Bequest which are not absolute
- Revocation of will
- Interpretation of wills
- Gift and will compared
- Sunni law and Shia law compared

- XIII: ADMINISTRATION OF ESTATES AND PAYMENTS OF DEBTS:
- Legal representatives of a deceased Muslim
- The requirement of Probate & Letters of Administration
- Functions of legal representatives
- Recovery of credits to the property of the deceased
- Alienations before payment of debt
- Alienations by co-sharer before partition
- Suit by the creditor against heirs
- Alienation for payment of debts

- XIV: INHERITANCE:
- Excellence of Muslim law of inheritance
- Dual basis of Muslim law of inheritance
- Some objections: Their answers
- Some general rules of inheritance
- Doctrine of representation
- Rules of total and partial exclusion
- Explanation of important terms used
- Classes of heirs

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 DESCRIPTION
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This comprehensive work lucidly explains the principles of law governing Muslims in India. The new fifth edition of this very popular work has been thoroughly revised and updated with case law brought up to date. Some more recent developments pertaining to the resolutions passed by the Muslim Personal Law Board and other parallel organisations have been noted and discussed.

The Ulema is now increasingly reviewing old customs and adopting or suggesting modernisation to cope up with existing social norms and expectations. One more latest example is the decision taken by the Islamic Fiqh Academy in New Delhi in February 2008 to 'recognise the right of a Muslim girl to repudiate a marriage contract with a boy who does not suit to her choice or which was forced on her against her will'. The question of objection to photograph for election identity card, has been judicially examined in the light of national interest. The book takes note of such developments and tries to spur thinking in this direction.

Landmark decisions affecting and changing some of the socially incongruous concepts relating to divorce, mehar, maintenance, remarriage on motivated conversion, wakf beneficiaries, wakf boards, pre-emption, primogeniture etc. have been incorporated. A significant feature of the book is the exhaustive analysis of the constitutional aspects of Mohammedan law principles. Further, the interactions between the personal law and social ethos have been elucidated by notes. Opinions of academic jurists have also been included.

The detailed subject-index and table of cases add to the utility of the book.

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