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#21
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taania,I know only those rules as i aforesaid in the answer. i do not know from which Sect they belong. would you like to mention both sect's rule here,Please.
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#22
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Shia law divides legal heirs into three basic classes.6 These classes thereafter
determine distribution of an estate among legal heirs and how to give preference to one legal heir over another. Appropriate appreciation of these classes helps one to understand Shia law of inheritance as details of the system in one manner or another are linked to it. These classes are the following:Class 1: (i) Parents, and (ii) Children (male and female). The children also include their descendants how low so ever irrespective of the fact whether they are descendants of male or female children. Class 2: (i) Grandparents (true or false) how high so ever, and (ii) Brothers and sisters (full, consanguine, and uterine) and their descendants how low so ever irrespective of their gender. Class 3: (i) Paternal uncles and aunts, (ii) Maternal uncles and aunts, and (iii) Their children how low so ever irrespective of their gender. Once the heirs are divided into the above classes, there are two basic rules which need to be understood.7 Firstly, as long as an heir (or more than one) is present from the class 1, no one will be entitled to inheritance from the class 2: similarly, if there is an heir (or more than one) from the class 2, no will have anything from the class 3. The Sunni law recognises three classes of heirs: (1) Ashabul faraiz --The sharers whose shares or proportions have been fixed in the Quran. They take their specific portions and the residue is then divided among the Agnates. (2) The Asabah or Agnates, also called by English writers as Residuaries. (3) Dhauil-arham or Cognates or Uterine Relations. They are also called Distant kindred i.e. relations who do not fall in the category of sharers or Agnates. The Sharers The sharers or Ashabul-faraiz are altogether twelve in number - four males and eight females. The four males are: (1) the father, (2) the grandfather or lineal male ascendant (when not excluded), (3) the uterine brothers, and (4) the husband. The females are: [the] (1) wife, (2) daughter, (3) son's daughter or the daughter of a lineal male descendant howsoever low, (4) mother, (5) true grandmother, (6) full sister, (7) consanguine sister i.e. half sister on the father's side, and (8) uterine sister i.e. half-sisters on the mother's side. 2 Residuary 3 distant kindreds first right is of sharers then residories then distant kindreds other details r in mulla's book
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Za khu dalta pa AZab ym, da hpl khud ao hpl ihsas. |
The Following User Says Thank You to taania For This Useful Post: | ||
Qurban Ali Qureshi (Saturday, December 07, 2013) |
#23
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Quote:
Q.Explain the fully status of bigamous marriage in the Islamic classic law and compare it with the Pakistani law. Definition: Bigamous marriage means having two wives or husbands at the same time. In case of a man, it means having two women as wives at the same time while in case of a woman, it means having two men as husbands at the same time. Introduction: All Islamic schools of thought permit men limited polygamy subject to some valid conditions and grounds. A woman is not permitted to keep two or more than two men as husbands in the Islamic law. All Islamic laws highly negate status of a woman being married to more than one man. Status of bigamous marriage under Islamic law: Under Islamic law bigamous marriage for a woman is void that is marrying of a woman to more than one men at the same time is illegal in Islam. Bigamous marriage and limited polygamy for a man is valid that is a man may keep up to four women as wives at one time. Limited polygamy and bigamous marriage for a man is subjected to some conditions and grounds in Islamic law. A man who is willing to contract another woman while having a woman in marital status must be physically and financially strong. The holy Quran in the Surrah Nisa permits a man to keep up to four women as wives at one time. Besides this, Quran emphasizes to maintain justice and equal treatment with all wives of a husband. If a man is not physically and financially strong, and he is afraid of that he could not maintain the just and equal treatment, then he is not permitted under the Islamic law to contract another marriage. The glorious Quran says; “ if you fear that you may not act equitably towards orphans, then marry women that seem good to you like, two three or four. But if you fear, you may not do justice with them then marry one….” Status of bigamous marriage in other countries: In most of the countries the polygamous and bigamous marriages are not allowed. In most of the western countries it is considered as crime. In the India according to Hindu-marriage-Act bigamous marriages is not allowed. In the Tibet bigamous marriages were accepted. Bigamous marriages under Pakistani law: Muslim family law ordinance (MFLO) 1961 explains the fully status of marriage. This law is based on the commands and instructions of the Quran and the Sunnah of the Holy Prophet (P.B.U.H). The Sect: 6 of Muslim Family law ordinance elaborate the status of bigamous marriages. MFLO 1961 forbids man from marrying a second time without the permission of a higher authority. It is stated in the following ways “ no man in the subsistence of an existing marriage shall without the written permission of arbitration council contract marriage for the second time. Nor shall any such marriage contracted without permission be registered” According to this Act if a man is willing to contract another marriage while having a woman in his marital status will have to consult the chairman. He will have to submit an application for contracting another marriage. After the submission of the application, the chairman will summon his wife. If his wife grants him permission to contract another marriage, he will be allowed to contract another marriage. it is the simple answer of this question.your opinions and suggestion will be appreciated. |
#24
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kindly help in this question.
Q 3. What is the meaning of Islamic Jurisprudence? Compare it with that of Western or Secular Jurisprudence. |
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