Help me plz !!!

[maryamkhakwani]

dear aspirants and csps please take time to help me out and define the following terms and also tell me how to attempt the question in paper !!!

bigamous marriage
proper dower vs prompt dower


Explain fully the status of a bigamous marriage under the classical Islamic Law and compare it with Pakistani law. (2009)

[kal3m]

proper dower vs prompt dower

In fact prompt dower is opposite of Deferred dower
There are two types of dower

1-Prompt or ( In arabic Muajjal, with Ain after meem)
At the time of nikah husband's responsibility is to give it to the wife, that is what the word itself means. And it may be demanded before the consummation.
Ordain of Allah in Quran regarding Dower (Nisa:4, 20, 24, mumtahina:10)

2-Deferred Dower (muajjal with hamza after meem)
Husband pledges to give it in future, One thing to remember is that the quantity of dower in deferred is also mentioned and specified in words or in written, If one think that the amount or property is not specified, its wrong concept. Now a days most dowers fall in later category, but the ironic state is that now a days most of the bridegrooms for the sake of status use to mention huge dowers in written, but in real they are never ready to give it. This is prohibited in Islam as Dower is the right of bride and liability on husband.

Now if the amount is not specified liability is still there so at the time of death of the male or at any time wife may ask the dower, now the dower would be said proper dower which mean dower fixed with the reference to the social status of wife and background. how to determine the proper dower?

1- By analysis of age fellows married females relatives of the bridegroom's dower, mean what dower was given to them? Average or specific method could be used main thing is consent of both parties
2-Social position and condition of Male and Females both would be considered while determining the dower

Hazrat Abdullah Bin Masood R.A was in favour of first method. Even in tradition he said that not a single penny above or less than the relative females dower should be given to wife in the case of death of male. And on listening the verdict a companion stood up and said the same was the verdict of Prophet saww about the female of his tribe.

[kal3m]

Originally Posted by maryamkhakwani

dear aspirants and csps please take time to help me out and define the following terms and also tell me how to attempt the question in paper !!!

bigamous marriage
proper dower vs prompt dower


Explain fully the status of a bigamous marriage under the classical Islamic Law and compare it with Pakistani law. (2009)

for attempting the paper both the references from Classical and Modern law should be stated to support the concept and opinion.

[sana chudhary]

please tel me are the rules of indian act also be quoted in the answer and is it necessry bcuse in nishi prohat book all references are given from indian act....... and also plese tel me any good book for objective of m.law..........

[kal3m]

Originally Posted by sana chudhary

please tel me are the rules of indian act also be quoted in the answer and is it necessry bcuse in nishi prohat book all references are given from indian act....... and also plese tel me any good book for objective of m.law..........

@Sana
I am also the aspirant for 2012 CSS so my experience is what I observed and seniors told me is that we have to refer the law or section if possible related to certain question, whole example I think is not important, like in Mullah's law he quoted, those are also mostly before the independence. But there is no problem in quoting those examples because lastly those are also related to Muslim laws and customs. But references from Classic Law/ Fiqh count more importance.
For further satisfaction you may explore the threads on similar topics, lot of suggestions+Solutions would be there.

And for Objective In fact I have a little background that's why not preparing from any particular book neither I do know about any particular book. Some guys do refer the book by jahangir publishers, some by majeed. preparation of past objective papers+ basic knowledge of Fiqh terms e.g: ijtehad, ijma, qiyas etc. Learning basis of Different school of thoughts with most prominent scholars or Imams. State's Islamic Laws, Definition of different terms like iila, dower, etc. Difference between them. past solved objectives are http://www.cssforum.com.pk/css-optio...st-papers.html
For further clarification you may ask seniors who have attempted this subjects

Regards

[maryamkhakwani]

thank you kal3m for a detailed answer, plz explain the term bigamous marriage also.
thanks in anticipation

[sana chudhary]

@kal3m

thanks a lot ........ please tel me the answer of followings
what is the meaning of usufruct?
what is corpus?
and a complicated question according to succession act an unborn child may be a bequest if born withen 6 mnth right but i read a hadith that only that chid may be a heiritant who make a voice means born .... how's it matchs???
and please please tel me k ap log ful chapter tiyar kr rahy hain as i found so many things in gift chptr which are not so imprtnt accrdng to me......
please tell me.........
regards

[kal3m]

bigamous marriage

Bigamous means to marry two females, and polygamous means a man marry more than two females and having a marital relation with them.
Bigamous and polyandry is term used about females marrying two and more than two men respectively.

Former type is not prohibited but not more than 4 at a time, if one of them dies one can marry a new one.
References from Quran: Nisa:3, but with a restriction of justice among them, if not than one. Not only in Islam but in other divine books too it was permitted but with the passage of time they changed the rules. jews prohibited it under a law between 960-1030, but in most of the countries they were engaged in making marry with more than one till 1950, now they do not permit to marry more than one.
Surat Nisa:129, "And it would never be possible for you that you keep women on equal footing, how ever much you may desire it then this should not be the case that you should incline wholly towards one side so that you leave other candling in the midst. And if you do good and be god fearing then undoubtedly, Allah is Forgiving, Merciful."

So, justice and equally treatment is important, H.Muhammad saww loved H. Aisha R.A more than all other ummahat ul moeminin, but in worldly distributions He saww never gave any preference to any one on other that's the meaning of justice. One may love one more than other because it is not in his control but in materially matters he have to be just between them and at this point it seems very difficult to treat equally but our Prophet saww did.

Philosophy of permission for Males and not for females.
firstly I just read in dawn a few days back that India and Japan are the countries where population rate is drastically falling due to abortions, and main reason is when they come to know that it is a baby girl, nearly 1 million abortions are done in India per annum. So, if they come to know that there is no problem for them in getting married with a person who is already married than it would never happened, in USA females are 7.6 million larger in number than males, in British 4 million, germany 5 million, russia 9 million. so what will those females do?
medically, it doesnt create any problem for a man if he marries more than one but if female than how one will confirm that the baby is of whom?

At the end again I will say its not wajib on every man but who else have is physically as well as financially strong can marry up to 4 but treatment with equality is a strict condition,

Now according to our law there are some restrictions, under The muslim family law ordinance 1961
Sec 6: briefly man who is willing to marry another female while having one in marital relation should consult the chairman/ counsellor/ judge and submit a prescribe forum, after that the authoritative will summon his wife to ask if she permit or not. So, If she do not permit judge will restrict the man.

But, mostly people do it without informing their wives that is not fair, secondly according to law if they do so, law can not revoke the marriage because law it self said that if anyone marry without consulting counsellor or without the registered nikah khawan even without a nikah nama a prescribed forum for marriage but they have testimony of two person from both side, law can not revoke the marriage.

[kal3m]

what is the meaning of usufruct?
what is corpus?
and a complicated question according to succession act an unborn child may be a bequest if born withen 6 mnth right but i read a hadith that only that chid may be a heiritant who make a voice means born .... how's it matchs???

Usufruct is a simple term in which one have a right to use a thing which belongs to any other. just like the president and PM have usufruct right and powers which belongs to democratic system and people of the land. And I think these terms belongs to gift, waqf etc. Usufruct is about aariya, some jurists divide it under gift but I think its not a type of gift, In gift the property in letter and spirit transferred to donee. well for papers one may add it as in books writers added it. The thing given as aariyat is considered to be returned to the real owner without damaging and if damaged the donee would be held responsible.
Corpus means the "whole body", in definition of gift it is used which means that the right of property would be transferred to donee, now what else he will do with the gift its none of the business of donor, Nor he can ask the the return of gift unless the donee itself at any point returns to donor.

In last question first of all there is always any evidence from Quran, Hadees etc on which the jurists make the decision, there are different rules for interpreting the problem, Nasikh and mansookh, rajih and marjooh, tatbeeq, these are some of them. For papers best is to write that there are different schools of thought about this particular problem and then by quoting the reference one may prefer any school which attracts him/ her. While what I observed so deeply they never use to ask.
Yes there are two thoughts Hanfi school of thought is as you said if the baby cries means if he born alive he will be considered but if dead than not, while other school of thought I think its maliki, I will conform according to them the baby who is in his phase in which structure of baby take place would be considered the heir and until his/ her birth the process of distribution would be temporarily stopped, the fact is with little conflict matter could change the whole scenario as we know with the male heir or a child the whole process changes, what i think is that the boy should be considered, why
1- if he/ she born alive he/ she would be considered the child of the deceased one than why he/ she and his/ her mother should be deprived of the right?
2- if he born dead yet his funereal would be held so better is to distribute the inheritance considering him
3- rate of dead children is very rare now a days because of technological modernity, so its the law of jurisprudence the most frequent happening is considered and the law should be entertained according to that matter,
4- If the baby born alive does he have a right to use the name of his father or not? if yes than he is considered a heir if not than no, but the former is the practice.

[sana chudhary]

@kal3m
thanks a lot for detailed answer................
one qustion remains that r u peopl preparng the whole chptr or only some topics like past papers please tel me as the whole chpter is so much time consuming..............
thnks again for your time