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Let solve Muslim law and jurisprudence past paper-2012
Let solve Muslim law and jurisprudence past paper-2012
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Muslim Law & Jurisprudence past paper-2012
[B][CENTER]Muslim Law & Jurisprudence past paper-2012
[/CENTER][/B] Q.2. Define the doctrine of naskh (repeal).do you agree that naskh has been done in Shariah texts?if so then what is justification for it? Q.3. Is khula an absolute right of woman or it is subject to some conditions?how can she use this right and what are legel effects of khula? Q.4. what is the difference between istehsan and maslahah mursalah?how they can be used to deduct laws in new problems which are not covered by the QURAN,the sunnah or ijma? Q.5. it is said Imam abu hanifa was strongly opposed to waqf.then it was recognized and institutionalized.why?discuss it.how waqf can be used in better way?give your suggestions. Q.6. many muslims scholars has criticized some sections of the muslim family laws ordinance 1961 that they are not in accordance with the injuctions of shariah.give your opinion and decorate it with arguments. Q.7. define legal capacity(al-ahliyyah).discuss the legal capacity of minor (sabi). Q.8. write notes on the following topics: (a) mujtahid fi al-shar (b) proper dower (c) plain and allusive words (d) dhawi al-furud |
would anybody provide me the outline of this questions "A Muslim marriage is a civil contract. Both the contracting parties have equal rights in rescinding a marriage contract. Discuss this in the light of both traditional Islamic law and Pakistani Law".
please help me to describe what are the traditional Islamic law and Pakistani Law of marraige rescinding? |
(i) Subject of gift must belong to doner.
(ii) Subject of gift must be in existence. Would anybody tell me what the meaning of "subject of gift" in the two sentences. |
subject matlab woh cheez,the thing you will give in gift.
the thing must belong to you when you gift it.not like kisi ka mobile dekha and you say kay ap ko gift kiya.it should be yours. it must be present when you gift it.not like jab meray pas car aye gee tu gift kiya tumhe.it should be there when you gift it. hopefully you are getting the meaning now. |
this covers the entire topic of "dissolution of marriage"
including talaq khula option of puberty lian etc. |
dear sadafnoorelahi
what do you know about this question "A Muslim dies leaving a daughter’s son and a full brother. How will the estate of the deceased be distributed according to (a) Sunni Law (B) Shia Law" |
Answers
[QUOTE=Qurban Ali Qureshi;659978]dear sadafnoorelahi
what do you know about this question "A Muslim dies leaving a daughter’s son and a full brother. How will the estate of the deceased be distributed according to (a) Sunni Law (B) Shia Law"[/QUOTE] [B]Answer:[/B] [B](1). Full brother share: [/B]Full brother share exists when there is no descendants of the diseased person( male or female) and Parents exit. case 1: Full brother is one (no sisters or brothers) then his share shall be =1 case 2: if Full Brother and Sister exist then full brother and Full Sister: 1:2 [B](2). Daughter share: [/B] Daughter can inherit from the parents case:1 if she is only one (no brother or sisters) then her share is =1/2 case 2: if there are more than 2 daughters and no Son daughters= 2/3 Daughter's son's and daughter's daughters can not inherent from the her mother's parents. [COLOR="Blue"]so according to the rule: A Muslim dies leaving a daughter’s son and a full brother Full brother shall share will be =1 no share shall be daughter's son.[/COLOR] if i am wrong please correct me. |
Q: A Muslim male dies leaving behind a widow, a daughter an agnatic granddaughter and a father. Distribute the property of the deceased/ praepositus amongst the heirs. Explain the basis for the distribution of property to each and every heir.
[COLOR="Blue"][B]Ans: share for widow =1/8 share for daughter= 1/3 share for agnatic daughter(son's daughter)= 1/3 remain part of estate will be of father=1/6+ 1/24=5/24 total is 1/8+1/3+1/3+5/24=(3+8+8+5)= 24/24 [/B][/COLOR] [B]rule for widow : [/B](i)if no descendent exist then share will be= 1/4 (ii) if descendents exist then share will be= 1/8 As the in the question descendants exist (daughter and agnatic daughter: son's daughter) therefore share will be =1/8 [B]Rule for father: [/B]if descendants exist then share will be =1/6 (i)if no male descendant exists then share will be= 1/6 plus residue residue= remainder after legal shares (ii)if no entitled exist then share will be= residue As no male descendant exist in the question therefore the father share will be 1/6 plus the residue in this case will be = remainder after the share of son's daughter+share of widow + share of agnatic daughter and his share i.e 1-(1/8+1/3+1/3+1/6)=1-(3+8+8+4)/24=1-23/24 =1/24 [B]Rule for daughter and agnatic daughter: [/B](i)if only one daughter exists (no male descendants) then share will be= 1/2 (ii)if more than one daughter exists (no male descendant) then share will be= 2/3 if daughter and son exists then son and daughter share will be= 2/3 and 1/3 respectively As in the above question no son exists but son's daughter exist - son's daughter will share the same share as that of his father's sister so the share of daughter and son's daughter will be 1/3 and 1/3 respectively |
[B]Q: Under section 4 of the Muslim Family Laws ordinance an orphan grandchild in entitled to the share of his/her predeceased parent. Explain fully the issue; argue for or against the provision.
[/B] According to Muslim family ordinance 1996 sec:4 the children of the son and daughter have the right to inherit the equivalent to the share son and daughter of the diseased if son and daughter are died. These law seems to be in against of the commands of Quran. But according to the Quran only son's son and son's daughter have the right of inheritance; daughter's sons and daughter's daughters do not have the right to inherit. According to the Quran son's daughter inherit same as that of his father's sister. But According to the M.F.L.O 1996 section 4 son's daughter share equivalent to the share of her father.According to the Quran if son or son's son , daughter and parents do not exit the the entitled of the inheritance will be the FULL Brothers and Full Sisters of the deceased. but here the with no existence of the parents ,sons,daughters, and son's son , the entitled are the daughter's son and daughter's daughters. This law presses the right of Full sister and Full brothers. please guide me if i am wrong. |
dear as far as i know there is muslim family law ordinance 1961.i can't find 1996 ordinance. moreover, can you kindly tell which papers are you following.are these questions in last five years papers?
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[QUOTE=sadafnoorelahi;660123]dear as far as i know there is muslim family law ordinance 1961.i can't find 1996 ordinance. moreover, can you kindly tell which papers are you following.are these questions in last five years papers?[/QUOTE]
yes it is Muslim family law ordinance 1961 .it was mistakenly written by me. As far as this question is concerned it is from past papers of Muslim law and jurisprudence. |
[B][SIZE="4"]comments, criticism and suggestions are strongly encouraged
[/SIZE][/B] [B]QC4. What do you understand by bigamous marriage? Explain it under classical Islamic law vis-a-vis Pakistani Law.[/B] [B]introduction:[/B] Marriage is the central point of a family. It marks the beginning of a new family. Islam has therefore laid great stress on essentials of marriage. Nikah in islam is a civil contract with an element of religion in it. It is a civil contract and therefore it requires the free consent of contracting parties and it validates dower as the consideration money. Islam permits a muslim man to limited polygamy. [B]Objective of marriage in islam:[/B] Islam believes that marriage is a contract between members of opposite sex with free consent. It is contracted with the following objectives: • Legalization of sexual intercourse • Legitimization of children produced as a result of wedlock • Maintenance of a natural family life • Preservation of human race. Quran says, [B][CENTER]“ and HE has created mates for you from among yourselves so that you may find solace in them”.[/CENTER][/B] [B]Essentials of a marriage:[/B] a) [COLOR="Blue"][B]Offer and acceptance:[/B][/COLOR] It is mandatory for a muslim marriage that one of the contracting parties should extend offer, whereas the other party accepts the proposal. this may be orally, written or even through gestures. b) [B][COLOR="blue"]Same sitting (majlis): [/COLOR][/B]both the contracting parties should offer and accept the proposal in the same sitting. c) [B][COLOR="blue"]Free consent:[/COLOR][/B] it is important that marriage between the parties should be concluded with free consent of both the parties. d) [B][COLOR="blue"]Witnesses:[/COLOR][/B] as marriage is a contract therefore, it is important that it should be concluded in the presence of two male witnesses. However, hanfi school of thought recognizes that even women can be a witness but atleast one male should be a witness. e) [B][COLOR="blue"]Capacity of marriage:[/COLOR][/B] muslim marriage should be concluded between individuals who are aqil (soundness of mind) and baligh(mature).nevertheless, minors and lunatics can also be entered into marriage contract by their guardians. f) [B][COLOR="blue"]Absence of impediments: [/COLOR][/B]these are the restrictions which make a marriage contract void or irregular depending upon the nature of impediments. These impediments if temporary make a marriage irregular and if permanent make a marriage void [B]Temporary impediments[/B] • Absence of witness • Marriage for the fifth time while he is already married to four wives • Marriage to a woman who is in iddat • Union of conjunction • Marriage of muslim woman with a non-muslim man [B]Permanent impediments[/B] Marriages which are contracted with following kinships are void ab initio • Marriage with fosterage • Affinity • Consanguinity [B]Islamic concept of bigamy, polygamy [/B] Polygamy: if a man marries more than one woman at a time, it is called as polygamy. If a man marries two women at a time it is known as bigamy. Islam allows a man to observe limited polygamy i.e he can contract marriage with four women at a time. Surah nisa says, [B][CENTER]“ 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….”[/CENTER][/B] This commandment in no way encourages a man to commit polygamy, it does not endorses it. However, it does not bars one from doing so if he thinks he can do justice with them. [B]Muslim family law ordinance 1961[/B] MFLO 1961 forbids man from marrying a second time without the permission of a higher authority. It is stated in the following ways [B][CENTER]“ 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”[/CENTER][/B] [B]MFLO 1961 in view of Islamic law[/B] In view of the above stated facts, it is to be noted that islam does not forbids a man from marrying a second time. This is the right which ALLAH has given to a man and therefore no earthly authority should make an attempt to subvert it or diminish it in any way, whatsoever. However, it should also be noted that islam does not encourages man to marry as many times as he wills. Islam has given multitude rights to women. in view of the rights granted to women in islam, it may be said that islam does not makes it obligatory for a man to marry multiple times. This is permissible only in certain circumstances. Nevertheless, opponents of MFLO 1961 state that the right was given to men under certain circumstances and such circumstances may arise again.therefore, no law should bar men from marrying for the second time. [B]Critical analysis: [/B]islam is a complete code of life and just as islam has given injunctions about tauheed, risalah, salat, saum, zakat, hajj etc, it has also provided guidelines to the muslims for matters related to their social life. Islam considers marriage to be a contract with an element of sacredness in it. It permits men to observe limited polygamy. |
[QUOTE=sadafnoorelahi;670924][B][SIZE="4"]comments, criticism and suggestions are strongly encouraged
[/SIZE][/B] [B]QC4. What do you understand by bigamous marriage? Explain it under classical Islamic law vis-a-vis Pakistani Law.[/B] [B]introduction:[/B] Marriage is the central point of a family. It marks the beginning of a new family. Islam has therefore laid great stress on essentials of marriage. Nikah in islam is a civil contract with an element of religion in it. It is a civil contract and therefore it requires the free consent of contracting parties and it validates dower as the consideration money. Islam permits a muslim man to limited polygamy. [B]Objective of marriage in islam:[/B] Islam believes that marriage is a contract between members of opposite sex with free consent. It is contracted with the following objectives: • Legalization of sexual intercourse • Legitimization of children produced as a result of wedlock • Maintenance of a natural family life • Preservation of human race. Quran says, [B][CENTER]“ and HE has created mates for you from among yourselves so that you may find solace in them”.[/CENTER][/B] [B]Essentials of a marriage:[/B] a) [COLOR="Blue"][B]Offer and acceptance:[/B][/COLOR] It is mandatory for a muslim marriage that one of the contracting parties should extend offer, whereas the other party accepts the proposal. this may be orally, written or even through gestures. b) [B][COLOR="blue"]Same sitting (majlis): [/COLOR][/B]both the contracting parties should offer and accept the proposal in the same sitting. c) [B][COLOR="blue"]Free consent:[/COLOR][/B] it is important that marriage between the parties should be concluded with free consent of both the parties. d) [B][COLOR="blue"]Witnesses:[/COLOR][/B] as marriage is a contract therefore, it is important that it should be concluded in the presence of two male witnesses. However, hanfi school of thought recognizes that even women can be a witness but atleast one male should be a witness. e) [B][COLOR="blue"]Capacity of marriage:[/COLOR][/B] muslim marriage should be concluded between individuals who are aqil (soundness of mind) and baligh(mature).nevertheless, minors and lunatics can also be entered into marriage contract by their guardians. f) [B][COLOR="blue"]Absence of impediments: [/COLOR][/B]these are the restrictions which make a marriage contract void or irregular depending upon the nature of impediments. These impediments if temporary make a marriage irregular and if permanent make a marriage void [B]Temporary impediments[/B] • Absence of witness • Marriage for the fifth time while he is already married to four wives • Marriage to a woman who is in iddat • Union of conjunction • Marriage of muslim woman with a non-muslim man [B]Permanent impediments[/B] Marriages which are contracted with following kinships are void ab initio • Marriage with fosterage • Affinity • Consanguinity [B]Islamic concept of bigamy, polygamy [/B] Polygamy: if a man marries more than one woman at a time, it is called as polygamy. If a man marries two women at a time it is known as bigamy[B](sentence is not self- explanatory to the definition of bigamy--- you should write like this- if a man keeps two women being married at the same time it is called bigamy )[/B]. Islam allows a man to observe limited polygamy i.e he can contract marriage with four women at a time. Surah nisa says, [B][CENTER]“ 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….”[/CENTER][/B] This commandment in no way encourages a man to commit polygamy, it does not endorses it. However, it does not bars one from doing so if he thinks he can do justice with them. [B]Muslim family law ordinance 1961[/B] MFLO 1961 forbids man from marrying a second time without the permission of a higher authority. It is stated in the following ways [B][CENTER]“ 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”[/CENTER][/B] [B]MFLO 1961 in view of Islamic law[/B] In view of the above stated facts, it is to be noted that islam does not forbids a man from marrying a second time. This is the right which ALLAH has given to a man and therefore no earthly authority should make an attempt to subvert it or diminish it in any way, whatsoever. However, it should also be noted that islam does not encourages man to marry as many times as he wills. Islam has given multitude rights to women. in view of the rights granted to women in islam, it may be said that islam does not makes it obligatory for a man to marry multiple times. This is permissible only in certain circumstances. Nevertheless, opponents of MFLO 1961 state that the right was given to men under certain circumstances and such circumstances may arise again.therefore, no law should bar men from marrying for the second time. [B]Critical analysis: [/B]islam is a complete code of life and just as islam has given injunctions about tauheed, risalah, salat, saum, zakat, hajj etc, it has also provided guidelines to the muslims for matters related to their social life. Islam considers marriage to be a contract with an element of sacredness in it. It permits men to observe limited polygamy.[/QUOTE] [B]at the end you have not covered the bigamy marriage. material must be related to bigamy not to marriage. MFLO is also not well covered[/B] |
thank you so much qurban for your comments. i appreciate them. could you suggest some additions into the topic of bigamy and MFLO?
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[QUOTE=Qurban Ali Qureshi;660012][B]Answer:[/B]
[B](1). Full brother share: [/B]Full brother share exists when there is no descendants of the diseased person( male or female) and Parents exit. case 1: Full brother is one (no sisters or brothers) then his share shall be =1 case 2: if Full Brother and Sister exist then full brother and Full Sister: 1:2 [B](2). Daughter share: [/B] Daughter can inherit from the parents case:1 if she is only one (no brother or sisters) then her share is =1/2 case 2: if there are more than 2 daughters and no Son daughters= 2/3 Daughter's son's and daughter's daughters can not inherent from the her mother's parents. [COLOR="Blue"]so according to the rule: A Muslim dies leaving a daughter’s son and a full brother Full brother shall share will be =1 no share shall be daughter's son.[/COLOR] if i am wrong please correct me.[/QUOTE] according to sunni law the whole estate will go to the full brother and according to shia law will go to the daughter's son |
[QUOTE=Qurban Ali Qureshi;660012][B]Answer:[/B]
[B](1). Full brother share: [/B]Full brother share exists when there is no descendants of the diseased person( male or female) and Parents exit. case 1: Full brother is one (no sisters or brothers) then his share shall be =1 case 2: if Full Brother and Sister exist then full brother and Full Sister: 1:2 [B](2). Daughter share: [/B] Daughter can inherit from the parents case:1 if she is only one (no brother or sisters) then her share is =1/2 case 2: if there are more than 2 daughters and no Son daughters= 2/3 Daughter's son's and daughter's daughters can not inherent from the her mother's parents. [COLOR="Blue"]so according to the rule: A Muslim dies leaving a daughter’s son and a full brother Full brother shall share will be =1 no share shall be daughter's son.[/COLOR] if i am wrong please correct me.[/QUOTE] according to Sunni law the whole estate will go to the full brother(the daughter's son being a distant kinsman will be entirely excluded form inheritance on the fact that if there is no sharer or residuaries the distant kindred could not inherent with a exception where the deceased leave a husband or wife then the grand child can inherent) and according to Shi'ite law will go to the daughter's son being the heir of first category(full brothers will be excluded being second class heir, on the fact that first class heir excludes the seconds class and the second class excludes the third class) |
[QUOTE=taania;677595]according to Sunni law the whole estate will go to the full brother(the daughter's son being a distant kinsman will be entirely excluded form inheritance on the fact that if there is no sharer or residuaries the distant kindred could not inherent with a exception where the deceased leave a husband or wife then the grand child can inherent)
and according to Shi'ite law will go to the daughter's son being the heir of first category(full brothers will be excluded being second class heir, on the fact that first class heir excludes the seconds class and the second class excludes the third class)[/QUOTE] thanks taania for your precious comments and reply. i got it. in Shia law : daughter's son is full heir of inheritance and full brother in not entitled of inheriting any share and in Sunni law case is opposite. this answer is enough should I include rules of inheritance as included in my previous answer of this question? |
[B]Q.Is there any difference between divorce and dissolution of marriage? What grounds are available for dissolution of marriage under Islamic law?
[/B] 1-Marriage: Marriage is a civil contract. The celebration of the marriage contract in Islam is called “Nikah”. Marriage is enjoined upon every Muslim. It is related in the Traditions that the Holy Prophet (SAW) said, “When the servant of God marries, he perfects half of his religion.” Marriage means wedlock’s, the mutual relation of the husband and wife. It is a contract for the legalization of intercourse and procreation of children. Mohammedan marriage is purely contractual. It is considered a religious duty. It is an act of Ibadat which is called Sunnat-Muwa-kkidah. Hazrat Muhammad (PBUH) says: “If a person is in a position to maintain his wife and pay the amount of dower, he must get himself married.” 2-Objects of Marriage: Following are objects of a marriage: (i) Legalization of Sexual Inter course. (ii) Procreation of children. (iii) Preservation of human race. (iv) Maintenance of social life. 3-Dissolution of marriage: (i)definition: Islam is the perfect religion. It is free of gender prejudices. Therefore it grants the dissolution of marriage by the both parties of marriage that is man and women. It gives the right of divorce to men to dissolve the marriage and right of khula to men to dissolve the marriage: (ii)Divorce: (Right of husband) (a) Definition: Talaq or divorce in the original sense means “dissuasion” or “rejection” but under Islamic law it is the release from the marriage tie either immediately or eventually. (b) Legal sense of divorce: The divorce in its legal sense means the dissolution of marriage tie of husband and the wife. According to the Islamic law any husband who is of sound mind and attained puberty my divorce his wife, whenever he desires, without assigning any reason. Under Shia law free will and intention is essential for a valid divorce which is not necessary under hanfi law. (iii)Khula: (right of women) (a) introduction: Literal meaning of khula is “to take off the clothes”. Khula is like a divorce which is exercised to dissolve the marriage contract. This is the right of women which is exercised to annul the contract of marriage by the women. This is a compensation given to women. Islam gives this right to women when she is not willing to remain anymore with her husband. The Fiqah, verses of the Holy Quran and tradition of the Holy Prophet (P.B.U.H) are the evidences which make the women entitled to use their right of khula when any conflict is found in the marital status. This right can be exercised by the mutual consents of husband and wife. If husband is not intending to dissolve the marriage contract then wife can knock the door of court. Various opinions and conflicts are found regarding use of Khula, custody of children, number of witnesses, consent of husband, role of judiciary and court and period of Iddah. All Islamic schools of thought agree and allow seeking Khula to women. (b) She can use of right of Khula in the two ways: By the mutual consents of husband she can ask for seeking khula. And if husband repudiates to dissolve marriage contract she can visit the court to dissolve the marriage. 4-Legal effects of Khula and divorce: 1-sexual intercourse after dissolution of marriage will be illegal. 2- Both man and woman can contract another marriage 3- Right of inheriting from both parties will be repealed 4- Children will inherit from both parties. 5- Women have to observe the period of iddah 6- Man has to maintain his ex-wife during the iddah 7- Decisions of custody will be in practice. 5-Difference between divorce and dissolution of marriage: Marriage relationship can be dissolved by the divorce or by the death of either spouse. Holy prophet said, “Among the lawful thing, divorce is most hated by the Allah” The main difference between divorce and dissolution of marriage is that divorce is the right of husband to annul the marriage contract whereas the dissolution of marriage is the right of both parties that is male and female. it is exercised by both parties. 6-The grounds of dissolution of marriage under the Muslim marriage Act, 1939:- (i)Absence of husband: If husband remains in continuous absence and wife is unknown of her husband for four years. (ii)Failure to maintain; If husband remains fail to maintain her wife and children for the two years. (iii)Imprisonment of husband for seven years (iv)Impotency: If husband fails or is unfit to perform sexual intercourse (v)Insanity of husband: (vi)If husband is suffering from dangerous disease and there is no hope of recovering (vii)Option of puberty; if she had been given in marriage by her father or guardians and she was had not attained the age of fifteen at the time of marriage; provided that the marriage has not been consumed (viii)Cruelty of husband (a) If husband assaults or physically torture her . (b) Relation with evil reputed women (c) Force to lead immoral life (d) Dispose of her property (e) Stops to observe religious practices (f) If he has more than one wives but treats her inequitably. (ix)Failure to perform marital obligation: [B]Please evaluate my answer [/B] |
just state the general rules of inheritance in both Shi'ite and Sunni schools the categories of inheritance and then that what i said earlier.
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[QUOTE=taania;678073]just state the general rules of inheritance in both Shi'ite and Sunni schools the categories of inheritance and then that what i said earlier.[/QUOTE]
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. |
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 |
[QUOTE=sadafnoorelahi;676052]thank you so much qurban for your comments. i appreciate them. could you suggest some additions into the topic of bigamy and MFLO?[/QUOTE]
[B]Q.Explain the fully status of bigamous marriage in the Islamic classic law and compare it with the Pakistani law. Definition: [/B] 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. [B]Introduction: [/B] 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; [B][CENTER]“ 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….” [/CENTER][/B] [B]Status of bigamous marriage in other countries: [/B] 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. [B] Bigamous marriages under Pakistani law: [/B] 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 [B]“ 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” [/B] 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. [B]it is the simple answer of this question.your opinions and suggestion will be appreciated.[/B] |
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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