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
