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