The Muslim Law of Marriage

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About the Book   This book deals with a variety of subjects relating to the Muslim marriage, such as Dower, Divorce, Including Lian, Zihar, lla, Khula, Rajat, Repudiation and restitution of conjugal rights, also with the law relating to agency; guardianship and maintenance. The comparative account of the Law of .Marriage, as practised among the various nations particularly the Christians, and the Hindus, simultaneously carrying the texts of the original ...

About the Book

 

This book deals with a variety of subjects relating to the Muslim marriage, such as Dower, Divorce, Including Lian, Zihar, lla, Khula, Rajat, Repudiation and restitution of conjugal rights, also with the law relating to agency; guardianship and maintenance. The comparative account of the Law of .Marriage, as practised among the various nations particularly the Christians, and the Hindus, simultaneously carrying the texts of the original authorities, is particularly helpful In estimating the value of Islamic Principle of the Law.

 

Publisher’s Note

 

This book, unlike its title, as it would at first sight show, is not merely a book on the Muslim Law of Marriage, but it also deals with such allied subjects as Dower, Divorce including Lian, Zihar, Ha, Khula’, Rajat, Repudiation and Restitution of conjugal rights besides taking into account the law relating to agency, guardianship and maintenance. The subject of marital rights and obligations has been dealt with in accordance with the law laid down in recognised original Arabic authorities of both the “Sunni” and the “Shia” schools. The book does not read like a cumbersome law book but it reads like a novel or a book of comparative history of the institution of marriage. The discussion of the law is preceded by a comparative and descriptive introduction which dwells upon the origin of the institution of marriage, marriage by capture, polyandry, polygamy, monogamy, the Arabian civilisation in its various stages, the impact of Islam on the old political and social structure of the Arabian culture and the influence of custom on Muslim jurisprudence. The comparative account of the law of marriage as practised among the various nations, particularly the Christians and the Hindus, simultaneously carrying the texts of the original authorities, is particularly helpful in estimating the value of the Islamic principles of the law. A full chapter has been devoted to the rules of interpretation of the Islamic Law as laid down by the Holy Qur’an and Sunnah. This work of scrupulous and patient scholarship is expected to open new horizons to the research scholars and the academic and practising lawyers will find herein an answer to almost every problem relating to marriage. Avoiding burdensome detail and surplusage. yet crammed with all relevant information, and written with lucidity, fairness and professional knowledge, this book is a real contribution to history and Muslim Law,

 

Contents

 

 

MARRIAGE

 

I.

Ancient Arabia-polyandry-marriage by capture -the conflict between the Patriarchal and Matriarchal systems

i

II

The conception of marriage-the prohibited circle -second marriage-the doctrine of equality- polyandry-temporary marriages

xviii

III.

The Koran and Ahadis-Jurispmdence-Imam Abu Hanifa, Imam Malik, Imam Shafi, and Imam Hanbal-traditions-comparative authority of Imam Abu Hanifa and the Sahibain Imam Abu Yusuf and Imam Muhammad-- Text, Fatwa Ijma

xxxv

IV.

Roman Law

xlvi

V.

Nikah

1-27

(i)

Batil and Fasid marriages

10

(ii)

The doctrine of Shuba

14

VI.

Mahr-Dower

28-39

 

Prompt and deferred dower

32

VII.

General observations

40

 

Maintenance-guardianship in marriage- agency in marriage

 

VIII.

Talak-Divorce

46-71

(i)

Who may divorce?

49

(ii)

Khula divorce

52

(iii)

Judicial divorce

57

 

Sample Page




Item Code: NAH334 Author: Al-Haj Muhammed Ullah Cover: Hardcover Edition: 2005 Publisher: Kitab Bhavan ISBN: 8171510647 Language: Arabic Text with English Translation Size: 8.5 inch x 5.5 inch Pages: 126 Other Details: Weight of the Book: 390 gms
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