Court : Kerala
Reported in : 2008(3)KLJ637; 2008(4)KLT885
..... marriage subsists. apart from the religious and legal aspects of marriage, there is a social aspect also under islamic law. islamic law gives a high social status to the women after marriage. restrictions are placed upon the unlimited polygamy of pre islamic times and a controlled polygamy is allowed. prophet mohammed both by example and precept, encouraged the status of marriage ..... subsistence of one and another though capacity to justice betweeen co-wives in law is condition precedent and that even under muslim law plurality of marriages is not unconditionally conferred upon the husband. it is also observed that the progressive outlook and wider approach of islamic law cannot be permitted to be squeezed and narrowed by unscrupulous litigants, apparently indulging ..... save the destitute and to protect their belongings. even after fifteen centuries, some people of our country seem to be very particular in following the aforesaid tenets of islam unmindful as to whether such circumstances exist or not. people of the community contract more than one marriage mostly for their personal pleasure. there is no system in ..... apex court held that inspite of the first marriage, a second marriage can be contracted by the husband under mohammedan law subject to certain religious restrictions. in paragraph 61 of the judgment, justice r.p. sethi observed that muslim law is based upon a well recognized system of jurisprudence providing many rational and revolutionary concepts which could not be conceived .....Tag this Judgment!
Court : Chennai
Reported in : (1995)2MLJ613
..... of discussion, one of the judges (krishnan j.) defined 'muslim' by approving a passage of mr. ameer ali in his book on mohammedan law, 4th edition, vol. ii, at page 36, as follows:any person who professes the religion of islam, in other words, accepts the unity of god and the prophetic character of mohammed is a moslem subject and is subject to ..... by the courts.thus, the importance of a formal profession remains, for on a valid and proper conversion to islam, the mohammedan law is applicable.in another leading case, abdul razack v. aga mohammed, lord macnaghten, in emphasizing the importance of the profession of islam, lays down, 'it was a mistake, they said. 10 talk of conversion. no court can test or gauge the ..... a sincere believer in the heart of his hearts; mere orthodoxy in the profession of islam is sufficient as sincerity of religious belief cannot be tested....................13. in 'outlines of mohammedan law' - third edition (1964), the learned author asaf a.a. fyzee defines 'muslim' as follows:if the mohammedan law is to be applied to mohammadans - or strictly, muslims - the next question that arises is ..... in the subsequent marriage, she had no issues.9. once it is admitted that saraswathi ammal was a hindu, the law presumes the continuity of events, and it is for the defendant to prove that saraswathi ammal got herself converted into islam.10. in 'principles of mohammedan law' by mulla-eighteenth edition - in chapter 2, the learned author says: any person who professes the .....Tag this Judgment!
Court : Delhi
..... seems to be a characteristic feature of the indian sub-continent, and even adherents of islam have also been known to reside together in common households.70. b.r.verma in his treatise on islamic personal law titled ?mohammedan law (in india, pakistan and bangladesh), sixth edition, 1986, law publishers at page 399-400 observes that it is very common in the areas of ..... state of andhra pradesh, formerly belonging to madras state for descendent mohammedans to live and trade together and also acquire properties together.71. ..... prevalent in india. presently, when a woman is subjected to cruelty by husband or his relatives, it is an offence punishable under section 498a indian penal code. the civil law, it was noticed, did not address this phenomenon in its entirety. consequently, the parliament, to provide more effective protection of rights of women guaranteed under the constitution under ..... whether the respondent? or the aggrieved person? has any right, title or interest in the shared household?.36. the term ?household is defined by wharton s law lexicon, fifteenth edition, universal law publishers in the following terms;? means the member of a family related to each other by blood, marriage or adoption and normally residing together and sharing meal or .....Tag this Judgment!
Court : Kerala
Reported in : AIR2008Ker59; 2008(1)KLJ260; 2008(2)KLT388
..... valid one. holding that there is no case that the marriage in between chellamma and deceased ummer was held in accordance with the principles of islamic law, it was found that it is not a valid marriage and therefore the widow is not entitled to inherit the estate of deceased ummer. as ..... as follows:marriage (nikah) is defined to be a contract which has for its object the procreation and the legalizing of children.marriage according to mohammedan law is not a sacrament but a civil contract.essentials of a marriage is dealt with in para 252 (at page 253). it reads:it is ..... marriage is void (batil) or fasid (irregular) was considered by his lordship. relying on principles of mohammedan law by mulla it was held that an important concept with regard to marriage is the distinction made by islam between kitabi (scriptural) and ghayr-kitabi (non-scriptural) religious and a hindu woman comes within the ..... rightly argued by the learned counsel for appellant, the fact that they were living together as husband and wife was not denied. as marriage under mohammedan law is only a, contract and not dependent on any ceremony, failure to prove the ceremony is not fatal. even if the marriage was not in ..... , which is a public document, is relevant and admissible and it establishes that appellant is the son of mohammed ilias. relying on principles of mohammedan law by mulla, learned counsel argued that even if the marriage of mohammed ilias with 9th defendant is a fasid marriage the child born in that .....Tag this Judgment!
Court : Kerala
..... authoritative passages noticed on principles of mohammedan law, we note that it is a settled principle that mohammedan law does not generally recognise hereditary right of muthawalliship unless there is ..... a custom and usage to that effect. it is an accepted principle of mohammedan law that such ..... consistent with the position in mohammedan law". "if there was a custom of succession of muthawalliship, then such a custom is not opposed to mohammedan law, but very much contemplated by it." we have gone through the passages in tyabjis muslim law, 4th edition, b.r.verma on islamic law, 6th edition and mulla's principles of mohammedan law, 19th edition. from the ..... particular school, for example, mosque or kabirstan, by custom and usage the appointment is made by the muslim congregation well known as the "muslim jamaat". 33. mulla on mohammedan law (1st edition) published by dwivedi publishing company, has the following to state :- "the office of a muthawalli , in absence of any provision in wakfnama, is neither .....Tag this Judgment!
Court : Mumbai
..... brought on record. it is not disputed that appellant is hindu and respondent is muslim. under the mohammedan law, if one person is mohammedan and other belongs to different religion then there can be no valid marriage, unless the person from other religion gets converted to islam and first there is a ceremony of conversion which ceremony should be performed by the parties only ..... for the purpose of getting married under mohammedan law. in other words, it should not be a colourable exercise with an ulterior motive of getting married under ..... further submitted that if a conversion is colourable one for the purpose of perpetrating a fraud upon law and evidence of surrounding facts is such which would run counter to the presumption of conversion to islam then such a conversion is not valid conversion under the mohammedan law. reliance was placed on the division bench of this court in dr. abdur vs. padma air ..... 1982 bombay 341. he further submitted that under the mohammedan law, it was essential that there should be a proposal made by or .....Tag this Judgment!
Court : Karnataka
..... during their infancy does not relieve the father from the obligation of maintain them." in another book written by b r. verma on islamic law - personal-a commentary on mohammedan law dealing with the question of maintenance to the children at page 302, it is stated that: a person even though he is a poor ..... the daughters are entitled to maintenance until they are married and unless they have property of their own" the famous jurist mulla in his book on principles of mohammedan law (18th edition) 4th re-print, at page 383, states at item 370 as follows: "370 - maintenance of children and grand-children, - (1) ..... till she gets married, is entitled for maintenance u/s. 125 of cr.p.c. but the apex court has not discussed the object of mohammedan law and also not dealt in detail with the provisions of sections 125 (c) of cr.p.c. therefore, it has no binding force on this ..... 125 of cr.p.c. 15. learned counsel for the respondent herein has submitted that there is no provision under any statute which 'translates the mohammedan law into a statutory right in favour of the major daughters to claim maintenance after attaining the age of majority till her marriage if she is unable ..... from purposive and meaningful reading of all the recitals from the various authors in various books cited above, it is crystal clear from the mohammedan personal (customary) law that the obligation of the father to maintain his children particularly boys till they attain the age of puberty, but in case of daughters till .....Tag this Judgment!
Court : Rajasthan
Reported in : 1990(2)WLN274
..... poor, to maintain the children lies on the grand father, provided he is in easy circumstances.12. b.r. verma, in his book on islamic law personal a commentary on mohammedan law (in india, pakistan and bangladesh), dealing with the question of maintenance to the children and grand children, at page 309, in section 86, ..... sons below puberty and illegitimate unmarried daughters, shall be maintained only by mother.13. asaf a. a. fyzee, in his book 'out line of mohammedan law (ivth edition), at page 214, states:(b)--children and descendants-father is bound to maintain his sons until they attain puberty and his daughters until they ..... the daughters are entitled to maintenance until they are married unless they have property of their own.11. mulla, in his book on 'principles of mohammedan law (18th edition) 4the re-print, at page 383, states:370 maintenance of children and grand children.(1) a father bound to maintain his sons ..... mother may be constrained to take that office upon herself, lest the infant perish.9. neil b.e. baillie, in his book on 'digest of mohammedan law', iii impression 1957 edition), at page 460, says:a father is bound to maintain his children and no one shares a burden with him.he further ..... for which this act was enacted. the act no. xxv of 1986 was enacted by the parliament to strike out a balance between the mohammedan personal law and the interests of muslim divorced woman, and to set at rest the controversy crept in due to the decision of the supreme court in .....Tag this Judgment!
Court : Rajasthan
Reported in : 1991(1)WLN402
..... obligation to maintain the children lie on the grand- father, provided he is in easy circumstances.12. b.r. verma, in his book on islamic law-personal-a commentary on mohammedan law (in india, pakistan and bangladesh), dealing with the question of maintenance to the children and grand-children, at page 302, in section 86, ..... for which this act was enacted. the act no. xxv of 1986 was enacted by the parliament to strike-out a balance between the mohammedan personal law and the interests of a muslim divorced woman, and to set at rest the controversy crept-in due to the decision of the supreme court ..... not obliged to maintain his other male children unless they are disabled by infirmity or disease.10. tyabji's in his book on muslim law, the personal law of muslim in india and pakistan, dealing with the question of maintenance of descendants, in section 319, stated:319-the father is solely obliged ..... sons below puberty and illegitimate unmarried daughters, shall be maintained only by mother.13. asaf a.a. fyzee, in his book 'out-line of muhammadan law (ivth edition), at page 214, states:(b)-children and descendants-father is bound to maintain his sons until they attain puberty and his daughters until they ..... daughters are entitled to maintenance until they are married unless they have property of their own.11. mulla, in his book on 'principles of mohomedan law (18th edition) 4th re-print, at page 383, states:370-maintenance of children and grand-children,-(1) a father is bound to maintain his .....Tag this Judgment!
Court : Karnataka
Reported in : AIR1999Kant112; ILR1999KAR8
..... every religion in its inception has been a revolutionary movement based upon the necessities and requirements of the society. sir ameer ah in his book mohammedan law, tagore law lecturers, iv edition, volume i has observed that the islamic system, from a historical point of view was the most interesting phenomenon of growth. the small beginnings from which it grew up and the ..... immediately before the commencement of the constitution and thus subject to the provisions of the constitution.5. it is well recognised that wakf under the islamic law meant dedication of property for purposes recognised by the muslim law as pious, religious and charitable. such purposes cannot be given a narrow concept as has been tried to be done by the petitioner, which ..... prophet mohammad, who was not the creator, but a recipient and the communicator of the religion of islam. the word 'islam' means 'peace and submission'. in its religious connotation, it is understood as 'submission to the will of god' and according to fyzee (outlines of mohammedan law, ii edition) in its secular sense the establishment of peace. the word muslim in arabic is ..... the active principle of aslama, which means acceptance of faith, the noun of which is islam. muslim law is recognised to be based upon a well recognised system of jurisprudence providing many .....Tag this Judgment!