Outlines of Muhammadan law /
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Format: Book
Language: English
Edition: Fourth Edition.
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Call Number: KB242 .F88 1977
Table of Contents:
- Introduction to the study of Muham-madan law: Pre-Islamic Arabia
- Advent of Islam
- Origin of Muslim law
- Development of Muslim law The Shi'a - history and sub-schools
- Imamat - Shite notion of law
- The last phase - Muhammadan law
- Pt 1 Application and interpretation: Application of Mohammadan law - Shariat act 1937
- Definition of a Muslim
- Conversion to Islam and custom
- Three commercial communities - Khojas, Bohoras, Memons
- Schools of law - principles of interpretation
- Pt 2 Marriage: Introduction
- Definition of marriage
- Form and capacity
- Disabilities
- Foreign marriages
- Further disabilities
- Classification of marriages
- The legal effects of a valid marriage
- Mut'a or temporary marriage
- Judicial proceedings
- Dower: Definition
- Classification of dower
- Increase or decrease of dower
- Enforcement of dower
- The widow's right of retention
- Disolution of marriage: Introductory
- Classification
- Forms of dissolution
- Divorce by common consent
- Dissolution by judicial process
- Judicial rescission
- Change of religion
- Effects of dissolution
- Miscellaneous rules
- Parentage and legitimacy: Legitimation, legitimacy
- Presumptions
- Acknowledgement
- Guardianship: Guardianship of the person
- Guardianship of property
- Guardianship in marriage
- Maintenance: Maintenance defined
- Obligations arising on marriage
- Obligations arising out of blood relationship
- Gifts: Policy, definition
- How gifts are made - incidents
- Who can make gifts - capacity
- Object (donee)
- Subject (what property can be given)
- Delivery of possession
- Musha
- Gift through the medium of a trust
- Life interests
- Revocability
- Hiba, Ariya, Sadaqa, Wahf, Habs
- Hiba bi'l-iwad, Hiba bi-shartil-iwad
- Wakf: Introduction
- Definition
- Classification
- Wakif - who can make a wakf
- Completion
- Incidents
- Subject
- Objects
- Family endowments
- Administration
- Mosques and other institutions
- Miscellaneous points
- Pre-emption: Origina, application, definition
- Gobind Dayal's case
- Who can pre-empt, and when?
- Conflict of laws
- The necessary formalities
- - Right when lost
- Subject of pre-emption
- Devices for evading pre-emption
- Will and gifts made in death-illness: Introductory
- Form of will
- Capacity of testator
- What can be bequeathed? - the bequeathable third
- Effect of registration under the special marriage act 1954
- Who can take? - the legatee
- Revocation of wills
- Interpretation of wills
- Gifts made during death-illness (mard al-mawt)
- Miscellaneous rules
- The administration of estates: First principles
- Vesting of inheritance - rule in Jafri Begam's case
- Administration of the estate
- Power of alienation by heir
- Creditors' suits - recovery of debts
- Statutory law
- The sunnite law of inheritance: General principles - dual basis of the law
- Competence to inherit - principles of exclusion
- Classes of heirs
- Class I, koranic heirs
- Anomalous cases
- Class II, agnatic heirs
- Class III, uterine heirs
- Miscellaneous rules
- The shiite law of inheritance: General principles and classification of heirs
- Shiite heirs - class I
- Shiite heirs - class II
- Shiite heirs - class III
- Anomalies, miscellaeous rules
- Sunnite and shiite systems compared.