Can anyone answer this question please

[kiki]

can anyone please answer this question it appeared in 2006 paper...From what circumstances in the absence of direct proof, may marriage be presumed??

[Rumiena]

Presumptions of Marriage are

1. prolonged cohabitation of the man and woman as husband and wife.
2. acknowledgement of paternity.
3. acknowledgement by the man that the woman is his wife.

[kiki]

Originally Posted by Rumiena

Presumptions of Marriage are

1. prolonged cohabitation of the man and woman as husband and wife.
2. acknowledgement of paternity.
3. acknowledgement by the man that the woman is his wife.

can you please tell me one more thing that what else to write in this question because they have asked just presumptions so how can it be streched to 2 pages ....

[Afshan Choudary]

Originally Posted by Rumiena

Presumptions of Marriage are

1. prolonged cohabitation of the man and woman as husband and wife.
2. acknowledgement of paternity.
3. acknowledgement by the man that the woman is his wife.

just writing 3 points will give good marks?? or we need to explain???

[AbdulMoiz]

Can any1 differentiate between
Hiba-bil-izwa and shart-ul-Izwa?

[rufy09]

Originally Posted by kiki

can you please tell me one more thing that what else to write in this question because they have asked just presumptions so how can it be streched to 2 pages ....

the question also aks to explain essentials of valid marriage. you are suppose to divide the question in two parts. i believe this is law paper if u mention the points mentioned by rumenia you will satisfy the checker..

[rufy09]

Originally Posted by kiki

can anyone please answer this question it appeared in 2006 paper...From what circumstances in the absence of direct proof, may marriage be presumed??

in the absence of direct proof marriage masy be persumed by following facts:
1. prolonged cohabitation of man and wife.
2. acknowledgment of paternity, both express or implied
3.treatement of husband to the wife
4. repute or notoriety among members of a family
5. where proof of access is established.

[JhooTa]

1.Man and woman must be known as husband and wife
2. Both should have capacity to be legally husband and wife which means that there should be no legal bar present between them.
3. Must reside together
4. Acknowledgement from both the parties
5. Acknowledgement of paternity by the Husband

As far extending it to two pages is concerned write answer in the following manner and also explain the explainable things like i said legal bar. then explain it that there should be no bar by consanguinty or affinity etc
Answer
1. Circumstances
2. Effects
When the marriage is presumed without direct proofs, following
are the effects of such marriage
1. Husband is liable to payable proper dower
2. Inheritence from property
3. Offspring will be legitimate
4. Gives birth to prohibited degrees
5. Polyandry becomes haraam.
6. Wife is liable to maintenance, board and lodging.
7. In the case of death or divorce, wife is bound to perform iddat if the marriage is consummated etc

[JhooTa]

Differences between Hiba Bil Awaz and Hiba biL shart ul Awaz
Hiba biL Shart ul Awaz
1. Hiba bil Shart ul Awaz is a gift with stimulation of return.
2. Consideration is decided.
3. Donor decides the consideration.
4. Transfer of possession is necessary.
5. Gift can be revoked before delivery.
6. There must be an adequate consideration.
7. Right of Shufa can be practised

Hiba biL awaz
1.Hiba bil Awaz is not given with a stimulation of return.
2. Consideration is not decided.
3. Donee gives consideration according to his will
4. Consideration can be smaller or larger than the gift.
5. Hiba bil awaz cannot be revoked.
6. Transfer of possession is not necessary.
7. Right of shufa cannot be practised.