Sunday, December 22, 2024

Family Law

Sources of Muslim Law in India

Muslim law, also known as Sharia, is a comprehensive legal framework derived from the principles of Islam. It governs various aspects of life, including...

Natural Guardian under Hindu Minority and Guardianship Act 1956

    Section 4 of the Hindu Minority and Guardianship Act 1956 defines Minor, and Section 8 of the Hindu...

Gift (Hiba ) of Mushaa : The Hanfi doctrine of Mushaa

Mushaa means a property which is divisible and if such divisible property is gifted without dividing the property. It may result into confusion as to which part of the. property has been gifted. Therefore only in Hanafi the rule is that the divisible property should be gifted only after having divided the property. Otherwise it will be irregular hiba.

What is hiba ? What are the essentials of a valid hiba ?

Hiba (Gift) is a transfer of ownership in a property intervivos . Intervivos means living person. Gift is transfer of property in which ownership is transferred by one living person to another living person without consideration of existing property. Gift made by Muslim is called Hiba.

Difference between a Hiba, Hiba-bil-iwaz and Hiba -ba-Shartul- Iwaz.

Hiba is a transfer of ownership in property made without consideration immediately. When a gift is made by Muslim...

What is Muslim Personal law? Who is Muslim and what are the modes of conversion to Islam ?

Personal law is that branch of law which regulates the personal matters of individuals as marriage,divorce, guardianship etc. It is called personal law because it deals with the personal matters of a person it affects only to the person concern. It deals with the matters of family so it is also called family law. Personal laws are generally based on religion. It is practice to call the personal law of different community with their religion. For example personal law of Hindu community is called Hindu law, personal​ law of Muslim community is called Muslim law, personal law of Christian is called Christian law etc, these all are based on their religion. The main features of personal law are as follow .