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  #21  
Old Wednesday, September 07, 2011
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Quote:
Originally Posted by zainab Durrani View Post
@ ALI SB
Pehlay kisi ny btaya he nahi...Now I ll try to get the hold of it..
Thanx alot for making it easy for me..But my question is unanswered..are we supposed to give references of cases which are frequently mentioned in Mulla's book??
Ya u shd gv reference of cases buy Mullah cases are too old. Look fir new latest.

But they need not b taken serious. Just cram a few. 1 for each uestion. Sm quranic refernce and cross comparative study must.

Hope u got me.
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  #22  
Old Wednesday, September 07, 2011
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Originally Posted by zainab Durrani View Post
Right..One more question.In Fayzee's book Indian Act is reffered..one should refer the same or Pakistani act?
There is few personal
Laws in pakistan which are codified. U need not point sections as mentioned in nishi prohit and Mullah.

But the sections mentiond in DMMA and MFLO must be mentioned as these ACTS are in force in pakistan
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  #23  
Old Thursday, September 08, 2011
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[QUOTE=ALI SB;349411]
Quote:
Originally Posted by Anum86anu View Post
Salam,

In answering the question, I wrote introduction and conclusion of 2 questions with my own interpretations like in WHAT ARE THE GROUNDS FOR A WIFE TO DISSOLVE MARRIAGE ACCORDING TO THE 1939 ACT?

I gave INTRODUCTION ACCORDING TO the rights of Woman in Islam then in Body I wrote The Grounds then I gave conclusion with my own words.

Now plz tell tell me whether It is a blunder to write Introduction and conclusion in Muslim Law & Jurisprudence or not? I did it becoz as to me the answers were too short. By doing it I also gave a different HEADING for different Ground.



Dear me

U just gave two three headings

I used to gv headings in all papers

My question wd have the following heading for this question

Intro
Interpretation of term DISSOLUTION OF MARRIAGE
explanatory note
Historical aspect
Valid Marriage- basuc condition for Dissolution of marriage
Qyranic and hadith ref
Modes of dissolution of marriages
Khula- one of the modes of dissolution
Right of khula under DMMA 1939
grounds explanation( sub headings for all grounds)
Basis of Khula in Islam
Comparative study of right of Khula to muslim woman vs ither religions
Drawbaks in DMMA 1939
conclusion

Hope u get the idea

well fine to some extent but.........
first of all as u mentioned introduction, explanatory note, quranic and hadith refrence etc but then one must come to the point, what is needed??
DMMA 1939??
what is the benefit of adding too many extra things.
Ali SB I am sorry but i ll give u just 4 or 5 mrks for ur attempt of question. Bcoz u dnt wrote what is demanded, also u mentioned KHULLA......there is no khula under DMMA 1939.
Khula, Illa, Zihar and Mubaraat are the kinds of DIvorce.
DMMA 1939 includes the following headings.
1, Abscence of HUsband
2, Failure to provide maintenance
3, Imprisonment of Husband
4, Failure to perform Marital obligation
5, Impotency of HUsband
6, Insanity of husband
7, Repudiation of HUsband
8, Cruelty of HUsband
9, Lian or imprication
10 any other good ground.
I think after a short introducion explaining all these heading will make a good answer.
ALI SB, I am just hanked when u mentioned Khulla in DMMA 1939, That some one who got allocation in DMG having Muslim law also dont know DMMA 1939 by ading Khulla in it......but i am sure it must be a mistake on ur part.
DMMA 1939 is providing grounds to a woman to sue her husband for dissoloution of marriage.
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  #24  
Old Thursday, September 08, 2011
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[QUOTE=islah_G;349553]
Quote:
Originally Posted by ALI SB View Post
well fine to some extent but.........
first of all as u mentioned introduction, explanatory note, quranic and hadith refrence etc but then one must come to the point, what is needed??
DMMA 1939??
what is the benefit of adding too many extra things.
Ali SB I am sorry but i ll give u just 4 or 5 mrks for ur attempt of question. Bcoz u dnt wrote what is demanded, also u mentioned KHULLA......there is no khula under DMMA 1939.
Khula, Illa, Zihar and Mubaraat are the kinds of DIvorce.
DMMA 1939 includes the following headings.
1, Abscence of HUsband
2, Failure to provide maintenance
3, Imprisonment of Husband
4, Failure to perform Marital obligation
5, Impotency of HUsband
6, Insanity of husband
7, Repudiation of HUsband
8, Cruelty of HUsband
9, Lian or imprication
10 any other good ground.
I think after a short introducion explaining all these heading will make a good answer.
ALI SB, I am just hanked when u mentioned Khulla in DMMA 1939, That some one who got allocation in DMG having Muslim law also dont know DMMA 1939 by ading Khulla in it......but i am sure it must be a mistake on ur part.
DMMA 1939 is providing grounds to a woman to sue her husband for dissoloution of marriage.
Well my dear bravo,

i m thankful for the tym u gv to my post...

let me clear my stance.

the heading of Khulla as a ground of DMMA is a bit confusing though on my part... u r right here..

Khulla is the right a lady has against husband... Right.

DMMA provides all those grounds upon which a lady can knock the door of the court to get rid of husband... and this process is called KHULLA Dceree grant..

in simple when a women wants to dissolve marriage she has the option of Khulla and that Khulla can awarded to her only if she proves one the above mentioned Grounds..

Dear Bravo Khula is not "Ground" its name of the Tool for dissolution... when a women knocks the court invoking all or any ground mentioned above she is gvn Decree of Dissolution which is called Khulla..

any how there is technical difference... u may take these grounds as "Judicial Divorce/Fasakh) but in Pakistan if u see the things when a wife applies in court it is written Dissolution of Marriage on the basis of Khulla under DMMA under 1939"

practically it is Khulla which is granted to wife once any of the ground mentioned in DMMA 1939 is proved..

PS:
Rahi baat DMG ki to yes i felt ur this comment bravo... DMG group mil jany sa kia ALI perfect bn gya???


and 4/5 marks da k ap nay Ziadti ki ha bravo... i wish apo FPSC k examiner na hun... warna next years sa koi muslim law nai rakhay ga...lolxxx

pleased to read ur comment bravo.... Love and regard <3
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  #25  
Old Thursday, September 08, 2011
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[QUOTE=islah_G;349553]
Quote:
Originally Posted by ALI SB View Post
well fine to some extent but.........
first of all as u mentioned introduction, explanatory note, quranic and hadith refrence etc but then one must come to the point, what is needed??
DMMA 1939??
what is the benefit of adding too many extra things.
Ali SB I am sorry but i ll give u just 4 or 5 mrks for ur attempt of question. Bcoz u dnt wrote what is demanded, also u mentioned KHULLA......there is no khula under DMMA 1939.
Khula, Illa, Zihar and Mubaraat are the kinds of DIvorce.

DMMA 1939 is providing grounds to a woman to sue her husband for dissoloution of marriage.
dear me,

read it ....

Divorce law of Pakistan Talaq and Khula Rules, Laws of Pakistan concerning Muslim marriages

tehsin butt sb is a barrister and leading name in advocates...

u ur self mentioned "DMMA 1939 is providing grounds to a woman to sue her husband for dissoloution of marriage" .. dear is type ki dissolution of marriage ko kia name dain gat ap?????

again u said "Khula, Illa, Zihar and Mubaraat are the kinds of DIvorce." i contradict here too..

Khulla is not kind of Divorce dear... Divorce is related to only Husband in technical sense... Khula is Kind of Dissolution of marriage( and it happens when husband is not willing to announce Divorce.) and not of Divorce...

ur suggestions and comments are awaited dear
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  #26  
Old Thursday, September 08, 2011
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[QUOTE=islah_G;349553]
Quote:
Originally Posted by ALI SB View Post
well fine to some extent but.........
first of all as u mentioned introduction, explanatory note, quranic and hadith refrence etc but then one must come to the point, what is needed??
DMMA 1939??
what is the benefit of adding too many extra things.
Ali SB I am sorry but i ll give u just 4 or 5 mrks for ur attempt of question. Bcoz u dnt wrote what is demanded, also u mentioned KHULLA......there is no khula under DMMA 1939.
Khula, Illa, Zihar and Mubaraat are the kinds of DIvorce.
DMMA 1939 includes the following headings.
1, Abscence of HUsband
2, Failure to provide maintenance
3, Imprisonment of Husband
4, Failure to perform Marital obligation
5, Impotency of HUsband
6, Insanity of husband
7, Repudiation of HUsband
8, Cruelty of HUsband
9, Lian or imprication
10 any other good ground.
I think after a short introducion explaining all these heading will make a good answer.
ALI SB, I am just hanked when u mentioned Khulla in DMMA 1939, That some one who got allocation in DMG having Muslim law also dont know DMMA 1939 by ading Khulla in it......but i am sure it must be a mistake on ur part.
DMMA 1939 is providing grounds to a woman to sue her husband for dissoloution of marriage.
again i mentioned 'Khulaa -mode of dissolution" and "Right of Khulla under DMMA "

yes dear the right of Khula pakistan man DMMA ka under hi grant hua hay... can u mention the Law for the grant of Khula other than DMMA??? plz do mention so that i may Correct practice in Pakistani courts accordingly wherein Since 1939 , DMMA is used for grant of khulla...

did i mention anywhere that Khulla is Ground under DMMA??????

secondly i mentione dfollowing headings to gv some anaylytical touch to my answer. the examiner now a days doesnt want stero type answer dear.. we r asked for anylytical approach...

Basis of Khula in Islam:

Equality to women and check on husband arbitrary power of talaq and second marriage to sm extant too...

Comparative study of right of Khula to muslim woman vs ither religions: other religion never granted such prestige and status to a lady... islam provided this right..

Drawbaks in DMMA 1939: under Islamic Shariah the Qazi has to order the husband to pronounce Talaq to lady in court so that she may be released from marriage bond.. but in Pakistan, its the court which orders the Divorce even in the absence of husband... this approach is entorely against shariah... the solution is that the court issue warrants of husband to bring him into court or attach his property and make him bound to appear and pronounce talaq... this is the basic drawbak..u know he who binds the knot of marriage , he can only un-knot it.. so judge cant pronounce Talaq to a wife petitioner.. Judge must order the husband to pronounce...

this was the point for which i added this heading bravo... and i dont think so k kissi guide man apko ye analytical ans milay ga...

even then what ever i felt about ur remarks about my DMG, i have no Ill feelings now Bravo...

Calm n Cool
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Old Thursday, September 08, 2011
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[QUOTE=islah_G;349553]
Quote:
Originally Posted by ALI SB View Post
well fine to some extent but.........
first of all as u mentioned introduction, explanatory note, quranic and hadith refrence etc but then one must come to the point, what is needed??
DMMA 1939??
what is the benefit of adding too many extra things.
Ali SB I am sorry but i ll give u just 4 or 5 mrks for ur attempt of question. Bcoz u dnt wrote what is demanded, also u mentioned KHULLA......there is no khula under DMMA 1939.
Khula, Illa, Zihar and Mubaraat are the kinds of DIvorce.
DMMA 1939 includes the following headings.
1, Abscence of HUsband
2, Failure to provide maintenance
3, Imprisonment of Husband
4, Failure to perform Marital obligation
5, Impotency of HUsband
6, Insanity of husband
7, Repudiation of HUsband
8, Cruelty of HUsband
9, Lian or imprication
10 any other good ground.
I think after a short introducion explaining all these heading will make a good answer.
ALI SB, I am just hanked when u mentioned Khulla in DMMA 1939, That some one who got allocation in DMG having Muslim law also dont know DMMA 1939 by ading Khulla in it......but i am sure it must be a mistake on ur part.
DMMA 1939 is providing grounds to a woman to sue her husband for dissoloution of marriage.
I second Islah_G's comment.
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  #28  
Old Thursday, September 08, 2011
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[QUOTE=ALI SB;349411]
Quote:
Originally Posted by Anum86anu View Post
Salam,

In answering the question, I wrote introduction and conclusion of 2 questions with my own interpretations like in WHAT ARE THE GROUNDS FOR A WIFE TO DISSOLVE MARRIAGE ACCORDING TO THE 1939 ACT?

I gave INTRODUCTION ACCORDING TO the rights of Woman in Islam then in Body I wrote The Grounds then I gave conclusion with my own words.

Now plz tell tell me whether It is a blunder to write Introduction and conclusion in Muslim Law & Jurisprudence or not? I did it becoz as to me the answers were too short. By doing it I also gave a different HEADING for different Ground.



Dear me

U just gave two three headings

I used to gv headings in all papers

My question wd have the following heading for this question

Intro
Interpretation of term DISSOLUTION OF MARRIAGE
explanatory note
Historical aspect
Valid Marriage- basuc condition for Dissolution of marriage
Qyranic and hadith ref
Modes of dissolution of marriages
Khula- one of the modes of dissolution
Right of khula under DMMA 1939
grounds explanation( sub headings for all grounds)
Basis of Khula in Islam
Comparative study of right of Khula to muslim woman vs ither religions
Drawbaks in DMMA 1939
conclusion

Hope u get the idea

Ali Sb
I gave headings in all of my papers but as for as Law paper is concerned, I was confused about writing introduction with own ideas that's y I asked u.
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  #29  
Old Thursday, September 08, 2011
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[QUOTE=Anum86anu;349676]
Quote:
Originally Posted by islah_G View Post

I second Islah_G's comment.
whats the basis of ur this "seconding"

then plz clear me so that i may correct myself
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  #30  
Old Thursday, September 08, 2011
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Post @ ali sb

IN lAW PAPERS, WE HV TO WRITE WHAT IS ASKED . WE DONT NEED TO WAVER OR TO WRITE impertinent points.
Grounds for Dissolution of Marriage a/c 1939 act means we have to focus on Just Grounds after intro rather to write unimportant material in answer.

And Ali SB, I dont want to b contentious for letting my self prove my point. it's better that one should admit one's mistake.
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