NORTHERN
UNIVERSITY BANGLADESH
ASSIGNMENT
ON
Muslim law–ll
(Course code: LLB -1309)
SUMITTED TO
Md. Reeaduddin
Department of Law
Northern University Bangladesh
assignment_nub@yahoo.com
SUBMITTED BY
MEHTAZ BINTAY AKHTAR
SECTION: B
ID NO: LLB070200799
Date of Submission : 14/03 /09
SUBJECT INDEX
Pages
MARRIAGE
Definition
of Marriage
4
Nature of Muslim Law
5-6
Essential Requisites of A Marriage 6
Forms of Marriage 6-8
Disabilities As to Marriage
8-12
DOWER
Definition
of Dower
12-13
Nature
of Dower
13
Kinds
of Dower
13-14
Subject Matter of Dower
15
Amount
of Dower
15
DIVORCE
Modes of
Divorce (Talaq) 15-18
Legal Effects of Divorce
18
Talaq
19
By The Wife 19
MAINTENANCE
Definition
of Maintenance
19-20
Persons Entitled to Maintenance 20-21
Maintenance of Parents
22
Maintenance of Grandparents
22
Maintenance of Other Relations
22
Persons of Other Religions
22
GUARDIANSHIP
Kinds of
Guardianship
23-25
Disqualification of Guardianship of
Person 25
Termination of Guardianship
25-26
GIFT
Definition
of Gift
26
Essential of
A Valid Gift 27
Who Can Make Gift
27
In Whose
Favour
27
What May Be Given In Gift 28
Revocation of Gift
28
Gifts
Involving Return
29
BIBLIOGRAPHY 30
MUSLIM LAW
Muslim
law is exist today is the result of a continuous process of development during
the fourteen centuries of the existence of Islam. It consist express injunction
of the Quran, practice of the Prophet (Sunnah), opinion of jurist (Ijma) and
analogical deduction (Qiyas). Various topics related to our daily life such as
Marriage, Dower, Divorce, Maintenance, Guardianship, and Gift are also
discussed in Muslim law.
MARRIAGE
Marriage
is defined to be a contract which has for its object the procreation and the
legalizing of children. Marriage under the Mohammedan Law is a civil contract.
Literally Marriage means living together or union of the sense.
Definition of Marriage
1. The Holly
Quran describes, in Chapter 4, Verse 21-
“Marriage
is a sacred convenant between a man and woman.”
2. According to
Baillee,
“Marriage
is a contract for the purpose of legalizing sexual intercourse, the procreation
and legitimation of children and the regulation of social life in the interest
of the society.
3. According to
Justice Mahmood,
“Marriage
among Muhammadans is not a sacrament, but purely a civil contract.”
Nature of Muslim Marriage
Marriage is purely a civil contract while others say that
it’s a religious sacrament in nature.
According to
Asaf A. A. Fyzee, the institution of
marriage has got three aspects-
a)
Legal Aspect
b)
Social Aspect
c)
Religious Aspect
Legal
Aspect
In its legal aspect it has legalized sexual
intercourse and procreation of the children. In its legal sense marriage is a
contract. As a contract it has three characteristics.
i There can be no marriage without consent.
ii Provision is made for its breach.
iii The terms of a marriage contract are within
legal limits
capable of being altered.
Social
Aspect
In
the social aspect it has given woman higher status. In the social aspecty three
important factors must be remembered.
i Islamic law gives to the woman a definitely
high social
status
after marriage.
ii Restrictions are placed upon the unlimited
polygamy of
pre-Islamic
times.
iii
Marriage is positively enjoined to all those who can
afford
it.
Religious
Aspect
In
the religious aspect it is a mean for the continuation of the human race.
Essential Requisites of A Marriage
1) Offer/ Ijab/
declaration/ Proposal on the part of one.
2)
Acceptance or Kabul on the other part.
3)
The words
conveying proposal and acceptance must be uttered in each other’s presence or
in the presence of their agents.
4)
Marriage must be
solemnized before sufficient witness, tgat is two male or two female and one
male. (In Hanafi Law but not in Shia Law.)
5)
The words with
which the marriage is contracted must be clear and unambiguous.
6)
Where there is
marriage there is dower.
7)
The parties
should be competent to marry. A Muslim who is of sound mind, capable to give
free consent and who has attained the age of puberty may enter in to a contract
of marriage.
8)
The proposal and
acceptance must be expressed at one meeting.
9)
In order to be a
valid marriage it must be registered. According to section 3 of the Marriage
and Divorce registration Act, 1974.
10) It’s necessary that parties should be Muslim.
11) There must not be legal disability or bar to the union
on the ground of consanguinity, affinity and fosterage.
Forms of Marriage
a)
Sahi (valid)
b)
Fasid (irregular)
c)
Batil (void)
a) Sahi or Valid Marriage
A
valid marriage is one which conforms in all respects with the legal
requirements and there should be no restriction affecting the parties.
Effects of
sahi or valid marriage
a) It legaliges the sexual intercourse, procreation and
legitimation of children.
b) Wife is entitled to dower and maintenance.
c) The wife is not entitled to remarry without observing
iddat when the marriage is dissolved either by death of the husband or divorce.
d) Mutual rights of inheritance are established.
e) The prohibitions regarding marriage due to the rules
of affinity come into operation.
b)
Fasid or Irregular Marriage
Disabilities, restrictions or prohibitions as to
marriage may be either permanent or temporary.If they are temporary the
marriage is irregular.
The following marriages arc regarded as
irregular marriages-
1. A marriage without witness
2. A marriage with a fifth wife
of a person having four wives
3. A marriage with a women
undergoing iddat
4. A marriage prohibited by
difference of religion in case of a Muslim male
5. A marriage contrary to the
rules of unlawful conjunction.
Legal
Effects of A Irregular Marriage
If the marriage has not been consummated, it has no
legal effect and the wife is not entitled to dower.
If the marriage has been consummated, wife is
entitled to dower specified or unspecified which ever is less.
She is not entitled to maintenance during Iddat.
But an Irregular marriage though consummated doesn't
create mutual rights of inheritance between the husband.
c) Void or Batil Marriage
If restrictions or prohibitions as to marriage are
permanent in nature, then it will render the marriage void.
A marriage forbidden by the rules of blood
relationship, affinity or fosterage is void.
i.
Such a marriage has no legal effect.
ii.
Issues of this marriage will be held illegitimate
Disabilities as to Marriage
There
are seven main limitations to the capacity of a Muslim to marry. Grounds for
disabilities are as follows:
1.
Number
2.
Religion
3.
Relationship
4.
Fosterage
5.
Unlawful Conjunction
6.
Iddat
7.
Miscellaneous prohibitions.
Number
As to plurality of husbands or wives, the rule in
Islamic law is that:
§
A Muslim man may marry any number of wives not exceeding four
§
A Muslim woman can marry only one husband.
If Muslim marries fifth wife, such a marriage is not
void, but irregular.
Religion
Difference of religions Is another ground for
disability as to the marriage of a Muslim. Followings can be the situations in
terms of difference of religions.
§
Difference of Islamic School
§
Difference of Religions
Relationship
The bar of relationship is to be discussed under two
heads. These are:
1. Consanguinity
2. Affinity
1.
Consanguinity:
Consanguinity means blood
relationship and it bars a man from marrying-
· His mother or 'grandmother
how high so ever
· His daughter or grand
daughter how low so ever
· His sister whether full,
consanguine or uterine
· His niece or great niece how
low so ever
· His aunt or great-aunt
(paternal or maternal) how high so ever.
2. Affinity:
A man is prohibited from marrying certain
relations by affinity. They are:
·
His wife's mother or grand-mother how high so ever.
·
His wife's daughter or grand-daughter how low so ever.
·
Wife of his father or paternal grand-father how high so ever.
·
Wife of his son or son's or daughter's son how low so ever.
Fosterage
When a child under the age of two years has been
suckled by a woman other than its own mother, the woman becomes the foster
mother of the child.
• A man cannot marry his foster-mother; or
• He cannot marry his foster-mother's
daughter.
A marriage forbidden by reason of fosterage is void.
Unlawful Conjunction
A man is forbidden to have two wives at the same
time, who are so related to each other by consanguinity, affinity or fosterage,
that they could not have lawfully married each other if they had been of
different genders.
Thus a Muslim can't marry:
• Two sisters, or
• An aunt or her niece.
Iddat
In Islamic law when a marriage is dissolved either
by death or divorce, the woman is prohibited form marrying within a specified
time. This period is called iddat.
Iddat is defined by Hedaya as
“the term by the
completion of which a new marriage is rendered lawful.”
Duration of
Iddat
If the marriage is dissolved by divorce, the
duration of iddat is three courses, or if the woman is pregnant, till delivery,
whichever is longer.
If the marriage is dissolved by death, the period of
iddat is four months and ten days or, if the woman is pregnant, till delivery,
whichever is longer.
If the marriage is not consummated, iddat has to be
observed in the case of death, but not in the case of divorce.
Miscellaneous Prohibitions
In addition to the regular prohibitions to marriage
there are some other prohibitions too. Most of these are not strict sanctions
of Islam but in the nature of ordinary prudence.
Some of these are:
·
Equality In marriage
·
Illicit Intercourse
·
Pilgrimage
·
Divorce
DOWER
Dower
is an English term for its equivalent “mahr” In Arabic. There is no difference
between dower and mahr. Mahr was originally used to signify gifts given to the
parents of the wife. Dower or mahr, which is given to the wife, was approved by
Islam.
The Quran says:
“And give woman their mahr
freely.”
Definition of Dower
1)
According to Ameer Ali,
“Dower
is a consideration which belongs absolutely to the wife.”
2)
According to Ttyabji,
“Mahr or
dower is asum that becomes payable by the husband to the wife on marriage
either by agreement between the parties, or by operation of law.”
3)
According to Mulla,
“Dower is asum of
money or other property, which the wife is entitled to receive from the husband
in consideration of the marriage.”
Nature of Dower
Dower is the present from was introduced by the
Prophet and made obligatory by Him in the case of every marriage. In the sense
of Islam dower should be paid to the wife herself as a provision for the rainy
day and a check on the capricious exercise of divorce by the husband.
It’s regarded by eminent Jurists as a consideration for marriage.
Kinds of Dower
There are two kinds of dower-
a) Specified Dower
b) Unspecified Dower
But
the specified dower has been further divided in to-
i.
Prompt Dower
ii.
Deferred Dower
Specified
Dower
An amount settled by the parties at the time of
marriage or after, is called specified dower. If the bridegroom is minor, his
father may settle the amount of dower. Hanafi law says that the father is not
personally liable for the dower, but according to Shia law, he will be so
liable.Dower may be fixed by the parties to the marriage either before the
marriaghe or at the time of the marriage or even after the marriage.The amount
so fixed can be increased at any time during the continuation of the marriage.
Unspecified
Dower
In
such cases where dower hasn’t been settled at the time of the marriage or
after, it’s fixed with reference to the social position of the wife’s family
and her personal qualifications.
According to Hedaya her age, beauty, intellect and
virtue is also taken into consideration.
Prompt and Deferred Dower
The technical term for ‘prompt’
dower is ‘muajjal’ it means that which has been hastened or given a priority in
point of time.
The technical term for
‘deferred’ is ‘muwajjal’ means delayed. It is payable on dissolution of
marriage by death or divorce.
Subject Matter of Dower
The subject matter of dower is not only confined to a
sum of money or property; it includes personal services and other things. The
following were recognized as the subject matter of dower:
a. A handful of dates.
b. A pair of shoes.
c. If the husband is slave, his services to his wife.
d. The services of the husband’s slaves to the wife.
e. Husband’s services rendered to the guardian of a minor
wife.
f. Teaching Quarn to the wife.
Amount of Dower
There is no maximum limit on the amount of dower. But
it can’t be less than the minimum laid down by the law.
According
to Hanafi Law it’s 10 dirhams. The lowest amount mentioned in hadith is a Ring
of iron. But these minimum have now become obsolete and the amounts of dower
depend entirely upon other considerations such as circumstances of the husband
and wife.
DIVORCE
The
reforms of Prophet Mohammad marked a new departure in the history of Eastern
legislation. He restrained the unlimited power of divorce by the husband and
gave to the woman the right of obtaining the separation on reasonable grounds.
Ameer Ali asserts,
“The
permission (of divorce), therefore, in the Quran though it gave a certain
countenance to the old customs, has to be read in the light of the law
Law-giver’s own enunciations. When it is borne in mind how intimately law and
religion are connected in the Islamic system, it will be easy to understand the
bearing of his words on the institution of divorce.”
Modes of Divorce (Talaq)
The pronouncement of talaq may be either revocable
orirrevocable.
The Prophet of Islam did not favour the institution of talaq, the
revocable forms of talaq are considered as the ‘approved’ and the irrevocable
forms are treated as the ‘disapproved’ forms.
The forms of
talaq may be classified as follows:
1. Talaq-Ul-Sunnah
a) Ahsan
b) Hasan
2. Talaq-Ul-Biddat
a) Triple divorce
b) One irrevocable declaration
1. Talaq-Ul-Sunnah
It
is a talaq, which carries the approval of the prophet. It has been sub-divided
into two modes- Ahsan and Hasan.
AHSAN
This
mode have been approved by the Prophet and is regarded as the regular or proper
and orthodox form of divorce.
Where the parties have been away from each
other for a long time or where the wife is old and beyond the age of
menstruation, the condition of tuhr is necessary.
[Case: Chand Bibi vs. Bandesha, AIR 1960
121]
HASAN
The
hasan is also an approved form but less approved than that of Ahasn form.
It
consists of three successive pronouncements during three consecutive periods of
purity or tuhr.
Each
of these pronouncements should have been made at the time when no intercourse
has taken place during that particular period of purity.
2.
Talaq-Ul-Biddat
This form is also called talaq-ul-bain. Here the
husband does not follow the approved form of talak. This was an escape lane
from the restrictions imposed by the Prophet. Though Hanafi school approves
this form of talak, this is not recognized in some other Islamic schools of
thought.
Triple
divorce
Hedaya defines it as a divorce where the husband
repudiates his wife by three divorces in one sentence, or where he repeats the
sentence, separately, thrice within tuhr. Such a divorce is lawful, although
sinful, in Hanafi law; but in Shia law it is not permissible. Thus he may
pronounce ‘I divorce you, I divorce you, I divorce you’this is triple divorce,
or he may say ‘I divorce you thrice’.
One
irrevocable declaration
One
single and irrevocable pronouncement will be enough to give effect to this form
of divorce. This pronouncement can be done even in the period of tuhr.
Generally this divorce is given in writing.
When
it is given orally the husband can say, “I divorce you a hundred times”. In
written form it may be like this, “ I, by my free will, divorce my wife by one
bain talaq, and renounce her from the state of being my wife”.
Legal Effects of Divorce
1.
Marital
intercourse becomes unlawful between the couple.
2.
Where there has
been a triple divorce, remarriage can only
take place after having an intermediary marriage of the wife.
3. If the husband or the wife dies during the
period of iddat following upon a
revocable pronouncement of divorce, each is entitled to inherit from the other.
4. If the pronouncement of divorce was
irrevocable, neither of them can inherit from the other.
5. The wife becomes entitled to maintenance
during the iddat of divorce; but not during the iddat of death.
Talaq (Sec-7, MFLO,1961)
Any man who wishes to divorce his wife shall after the
pronouncement of talaq in any form whatsoever, give the chairman a notice in
writing and shall supply a coppy thereof to the wife. [Sub-sec-1]
Talaq,
unless revoked earlier, expressly or otherwise, shall not be effective until
the expiration of ninety days from day on which notice under sub-section (1) is
delivered to the Chairman. [Sub-sec-3]
If the wife be pregnant at time of talaq being pronounced, it shall not
be effective until the period mentioned
in Sub-section (3)or the pregnancy, whichever later, ends.[Sub-sec-5]
By The Wife (Talaq-e-Tafwid)
The husband in Muslim law has the power to delegate
his own right of pronouncing divorce to some third person. Such a delegation of
power is called tafwid. Such a power may be delegated before or after marriage,
provided that-
Firstly,
the option isn’t absolute and unconditional and Secondly, that the conditions
are reasonable.
MAINTENANCE
This
definition of
maintenance is not exhaustive.
In relation to a minor, the word includes other
necessary expenses for mental and physical well-being of a minor, according to
his status in society.
[Case:
Ahmedullah vs. Mafizuddin Ahmad(1973) AIR Gau. 56]
Definition of Maintenance
1.
According to Hedaya,
“All
those things whish are necessary to the support of life, such as food, cloth
and lodging may confine it solely to food.”
2.
According to
Durr-ul-mukhtar,
“Nafaka
literally means that which a man spends over his children, in law it means
feeding, clothing and lodging; in common use it signififics food.”
Persons Entitled to Maintenance
Obligations of maintenance may arise in the following two ways:
a)
Obligations arising in marriage
b)
Obligations arising out of blood relationship
a) Marriage
entails the obligation to maintain the following persons:
i. Wife
ii. Children and Descendants
iii. Daughter-in-law
iv. Illegitimate Child
B) On the
other hand obligation to maintain the following persons arise out of blood
relationship:
i.
Ascendants
ii.
Other relations
Wife's
right:
Maintenance right of wife has the priority over all other maintenance
obligations.The wife is entitled to maintenance from her husband although she
may have the means to maintain herself. Thus it is said that wife's refusal to
obey reasonable instructions of the husband disentitles her to maintenance.
[Case: Mitha Khan vs. Hcmayet
Bibi 11DLR (WP) 17.]
Children and Descendants’ right:
A father is bound to maintain his sons until
they attain puberty and his daughters until they are married.
The father
is not
bound to provide
separate maintenance for a minor son who refuses to live with him
without reasonable cause.
Similarly the father is not bound to provide
separate maintenance for a unmarried daughter, unless the circumstances are
such as to justify her staying away.
[Case: Bayabai vs. Esmail
(1941) Bom. 643]
Daughter-in-law's
right:
A
father-in-law is under no obligation to maintain his widowed daughter-in-law.
[Case: Mahomed
Abdul Aziz vs. Khairunnissa Abdul Gani (1948) 52 Bom. L.R. 133]
Illegitimate
Child's right:
A
father is not bound to maintain
an illegitimate child. But in Hanafi school the mother is bound to support her
natural son or daughter.
Maintenance of Parents
Children in
easy circumstances are bound to maintain their poor parents, although the
latter maybe able to earn something g for themselves.
[Case:Janila ifhatun vs. Rustom
AH 48 DLL (AD) 110]
A son enough in straitened circumstances is bound to
maintain his mother, if the mother s poor, though she may not be infirm.
Maintenance of Grandparents
A person is bound
to maintain his paternal and maternal g and fathers and grandmothers if they are
poor.
Maintenance of Other Relations
Persons who
are not themselves poor, are bound to maintain their poor relations within the
prohibited degrees in proportion to the share which they would inherit from
them on their death.
Persons of Other Religions
A person
profession any faith has got every right to bring suit for the purpose as
contained in this section- a Hindu wife is not debarred from bringing a Law
suit for her maintenance against her husband under this Ordinance.
[Case: Nirmal Kanti Das vs. Srimati
Biva Rani 47 DLR 514]
Guardianship
The Quran is the basis of the law relating to
guardianship and, therefore, there is very little room for differences between
Shia and Sunni law regarding guardianship. In Pre- Islamic Arabia, the
properties of minors were look after by guardians taken from the members of the
family. The law of guardianship as we have seen is mainly based on Quran.
Kinds of guardianship
Muslim law recognizes three kinds of guardianship. They are as follows:
1. Guardianship of person
2. Guardianship in marriage
3. Guardianship of property
Guardianship
of person
Under Muslim law the mother is entitled to use
custody of the person of her minor child up to a certain age according to the
sex of the child, during marriage and after separation from her husband, unless
she be a wicked or unworthly to be trusted.
Guardianship of property
If a minor
owns movable or immovable property, a guardian is necessary to manage it.
Muslim law prescribes certain persons in order of priority who can be a guardian
of a minor's property. Three kinds of guardians are recognized for the purposes
of guardianship of property such as-
a. Legal guardian
b. Guardians appointed by
the court
c. De facto guardian
Legal Guardian
Under Hanafi
law, the following are the guardians of minor's property in order of priority-
• Father
• executor appointed by the father
• father's father
• executor appointed by the paternal
grandfather
• Executor of the
last named executor.
Alienation by
the legal guardian
i. Where the sale bring double the value of the property.
ii. For minor's maintenance.
iii. No other means of paying
debts of the deceased.
iv. The income is less than the
expenses of the property.
v. Where the property is
falling into decay etc.
Guardians
Appointed By The Court
In the absence of legal guardians, the court
is entitled lo appoint a guardian for the protection and preservation of minor’s
property. In the exercise of its judgment it may appoint the mother or some
other person as such guardian.
Alienation of
property by the guardians appointed by the court
i. Without the permission of the court
ii.Without necessity or
advantage.
De Facto Guardian
A person who isn’t a legal guardian 01 guardian
appointed by the court, in any place himself in the position of a guardian by
intermeddling with the property of the minor. Such a person is called de facto
guardian.
Alienation by
de facto guardians
a)
Movable Properties
Same
right like legal guardian.
b) Immovable Properties
No
right to alienate immovable property of a minor.
Disqualification of guardianship of
persons
In the case of mother and other
female relations-
i.
If she married a person who is not related to the child within the
prohibited degrees by consanguinity.
ii. If she leads an immoral
life.
iii. If she resides, during the
subsistence of marriage at a distance from the father’s place of residence.
Termination of guardianship of person
In the following instances the guardian’s right of
hizanat comes to an end-
i.
Death of the guardian.
ii.
His removal.
iii.
Court of Wards taking over the superintendence of the minor’s person.
iv.
The minor attaining majority.
v.
The minor girl marrying a person capable to be her hazing.
vi.
The father of the male minor again qualifying to be his guardian.
GIFT
“The
policy of the Mohammadan law appears to be,” observed the Privy Council, “to
prevent a testator interfering by will with the course of the devolution of
property according to law among his heirs, although he may give a specified
portion, as much as a third, to a stranger.
Definitions of Gift
1.
According to Mulla,
“Gift is a transfer of property, made
immediately, and without any exchange, byone person to another, and accepted by
or on behalf of the latter.”
2. According to Fyzee,
“Hiba
is the immediate and unqualified transfer of the corpus of the property without
any return.”
3. According to
Baillie,
“The conferring of a right in something
specific without an exchange.”
Essential of A Valid Gift
1. Declaration of the
gift by the donor.
2. Acceptance of the gift
expressly or impliedly by or on behalf of the donee.
3. Delivery of
possession of the subject matter of the gift to the donee.
Who can Make
Gift
Every Muslim male or female who is major and sane may
make a gift, provided he or she is not subject to any force or fraud. A married
Muslim female can gift.
A
gift in death-illness takes place only when the donor dies.
An insolvent may also make a hiba with bona fide intention; but a gift
to defraud the creditors is viodable at their option.
In Whose Favour
A gift may be made in favour of the following:
i.
Any living person
who is capable of holding property.
ii.
Child in the
womb.
iii.
Unborn person.
iv.
Juristic person.
v.
Non- Muslims.
vi.
Two or more
persons.
What May Be Given In Gift
All mal or forms of property over which control may be
exercised are proper subjects of gift. These include all mal, whether ancestral
or self-acquired, movable, or immovable corporeal or incorporeal.
i. Equity of redemption.
ii. Insurance policy.
iii. Property held adversely to donor.
iv. Gift of corpus and usufruct.
v. Gift of mushaa.
Revocation
of Gift
According to Muslim law, all voluntary transaction are
revocable; hence, gifts may also be revoked. There is, however, a difference in
the case of completed and incompleted gifts after or before the delivery of
possession.
Before Delivery
A
gift may be revoked by the donor at any time before delivery of possession. The
reason is that the gift is no gift before delivery of possession, and, hence,
the rules relating to gifts do not apply over it.
In
Bibi Riazaan Khatoon v. Sadrul Alam AIR
1996 Pat 156.
After Deliver
When
a gift is made and the subject-matter of the gift is duly transferred to the
possession of the donee, its revocation is only possible
a) by the intervention of the court of law, or
b) by the
consent of donee.
Gifts Involving Return
1. Hiba-bil-ewaz.
2. Hiba-ba-shart-ul-ewaz.
Hiba-bil-ewaz
After
the gift has been made, the donee may offer to make a reciprocal gift, to the
person making the primary gift, then the reciprocal gift is called the ewaz or
return for the primary gift, If this return gift is accepted then it is
Hiba-bil-ewaz.
Hiba-ba-shart-ul-ewaz
When
a gift is made with a stipulation for a return, it is called
hiba-ba-shart-ul-ewaz. The distinctions between a hiba-bil-ewaz and
hiba-ba-shart-ul-ewaz are that in former the intention to make an ewaz is an
afterthought; while in the latter the two go hand in hand; the return is
contemplated by both parties in the Hiba-ba-shart-ul-ewaz.
Where a hiba-ba-shart-ul-ewaz is made, and the stipulation is unlawful
both the gift and the stipulation are void.
BIBILIGRAPHY
1. MUSLIM LAW
Syed Khalid Rashid.
2. MULLA’S Principle of
MAHOMEDAN LAW.
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