Muslim Lawyer

Types of ACT under Muslim Law:

1) Contract of Marriage (Nikah): This is the most important contract under Muslim law and governs the relationship between husband and wife. It involves various obligations and rights of each spouse, including the payment of mahr (dower) by the husband to the wife at the time of marriage.

2) Waqf: This is a legal arrangement whereby a person dedicates a portion of their property for a charitable purpose. It is generally irrevocable and the property is managed by a waqif (trustee).

3)Will (Wasiyat): This is a legal document in which a Muslim can bequeath his or her property to relatives, friends or charities. It is revocable and has to be attested by at least two witnesses.

4)Gift (Hibah): This is a voluntary transfer of property from one person to another, usually for a specific purpose. It is revocable and does not require the presence of witnesses.

5)Endowment (Waqf): This is a charitable trust in which the donor gives a portion of their property for religious or charitable purposes. The waqf is managed by a trustee, and the beneficiary of the trust normally receives a share of the income generated by the trust.

Provisions under Muslim Law:

1) Right to Property: Muslim law recognizes the right of a person to own and dispose of property. This includes the right to bequeath property through a will and to make gifts.

2) Inheritance: Muslim law lays down specific rules for inheritance which are based on the Quran and Sunnah. According to these rules, a person’s heirs are given a fixed share of their estate.

3) Divorce: Muslim law recognizes the right of a husband or wife to divorce each other. Divorce can be initiated through the courts or through an agreement between both parties.

4)Maintenance: Muslim law provides for the payment of maintenance to a divorced or widowed spouse or to children of a deceased parent. This includes food, clothing and shelter.

5) Adoption: Muslim law allows a person to adopt a child and treats the adopted child as if they were the natural child of the adopter. The adopted child is entitled to the same rights as a natural child.

Understand the cause of the dispute: Before a case is filed, it is important to understand the cause of the dispute. This could be related to inheritance, marriage, or any other matter that falls under the jurisdiction of Muslim law.

1) Choose an appropriate forum: It is important to choose an appropriate forum for filing the case. It can be in the District Court, Family Court, or High Court, depending on the nature and complexity of the case.

2) Obtain necessary documents: The documents that are needed to file the case include the marriage certificate, death certificate, and any other documents related to the dispute.

3) Draught the petition: The petition should include the facts of the dispute, the parties involved, the relief sought, and the legal arguments.

4) File the petition: The petition should be filed in court with the necessary documents. The court will then issue a summons for the other party to appear in court. After the hearing, the court will pass a judgment based on the facts and evidence presented during the proceedings.

1) Nikahnama: A Nikahnama is a marriage contract between a bride and groom. It includes details such as the amount of Mahr (dower) that the groom agrees to pay the bride and any other conditions that the bride and groom may agree to. It is a legal document in Islamic Law and is required to be signed by both parties in the presence of two witnesses.

2) Wills: A will is a legally binding document that is used to appoint an executor and to distribute a person’s assets after their death. Under Islamic law, a will is required to be written and signed by the testator in the presence of two witnesses.

3) Divorce Deed: A divorce deed is a document that is used to dissolve a marriage under Islamic law. It needs to be signed by both parties in the presence of two witnesses.

4) Waqf Deed: A waqf is an irrevocable charitable endowment in Islam. It is a document that outlines the details of the endowment, including the objects of the endowment, the beneficiaries, and the rules and regulations of the endowment.

5) Guardianship Deed: A guardianship deed is a document that is used to appoint a guardian for a minor or an incapacitated adult. Under Muslim law, the guardian must be a trusted individual who is appointed with the consent of the minor or incapacitated adult. The deed must be signed by the guardian and the parties in the presence of two witnesses.

Subsequently, the Indian Parliament passed the Muslim Women (Protection of Rights on Divorce) Act, 1986 which effectively overturned the Supreme Court’s decision.

1) Shah Bano Case (1985): In this case, the Supreme Court held that a Muslim woman who was divorced by her husband was entitled to maintenance under Section 125 of the Code of Criminal Procedure, 1973. The judgment was widely criticized by orthodox Muslim groups who felt that it interfered with the personal law of Muslims.

2) Shayara Bano Case (2017): In this landmark case, the Supreme Court held that the practice of Triple Talaq (instant divorce) was unconstitutional. The Court also struck down the practice of Nikah Halala (a practice whereby a divorced couple must remarry in order to be able to reconcile) and polygamy as unconstitutional.

3) Ahmed Khan v. Shah Bano Begum (1985): In this case, the Supreme Court held that a Muslim woman who was divorced by her husband was entitled to maintenance under Section 125 of the Code of Criminal Procedure, 1973. The judgment sparked off a huge controversy in the country and was subsequently overturned by the Indian Parliament through the Muslim Women (Protection of Rights on Divorce) Act, 1986.

4) Sarla Mudgal v. Union of India (1995): In this case, the Supreme Court held that a Hindu husband who had converted to Islam and subsequently married another woman was still legally married to his first wife. The court held that the conversion of the husband did not nullify the marriage and that his second marriage was void. The court also ruled that Hindu personal law would apply to the case.

5) Muslim Women (Protection of Rights on Divorce) Act, 1986: This act was passed by the Indian Parliament to protect the rights of Muslim women who have been divorced. The act provides for the payment of maintenance to the divorced woman, the return of her dower, the custody of her minor children, the right to reside in her matrimonial home and other reliefs. This act was challenged in the Supreme Court in the case of Daniel Latifi v. Union of India (2001). The court upheld the Act and held that it was not in violation of any fundamental right.