Understanding Islamic Personal Law is absolutely essential for every Muslim. This body of law governs the most personal aspects of a believer’s life. We can broadly divide this important subject into two main parts. The first part deals with personal family life, and the second part focuses on property matters.
Understanding the Foundations of Muslim Marriage Rules
Islamic Personal Law always starts with the institution of marriage, or Nikah. Furthermore, Islamic Family Law categorizes marriage into three distinct types. A Sahih, or valid marriage, meets all the core requirements. These requirements include the legal capacity of the parties, the presence of two witnesses, and a clear offer and acceptance, known as Ijab-o-Qubool.
Next, we have Fasid, or irregular marriages. These unions have some defects, but importantly, we can fix these defects. For instance, a marriage to a non-Muslim who later converts becomes valid. Similarly, a man marrying two sisters at the same time creates an irregular marriage that he can rectify.
Finally, Batil, or void marriages, are completely invalid from the start. These Muslim marriage rules prohibit unions like a man marrying his mother or daughter. Likewise, a woman having more than one husband at a time is also a void marriage under Sharia Law for families.
The Crucial Role of Dower or Haq Mehr in Islamic Family Law
After marriage, the concept of Haq Mehr, or dower, becomes a fundamental right for the wife. Islamic Personal Law defines two primary types of Mehr. Firstly, Mahr-e-Musamma is a specified dower where the amount is fixed at the time of the marriage. This specified dower can be prompt, payable on demand, or deferred, payable at a later agreed-upon time.
Secondly, Mahr-e-Misl is an unspecified dower. The family determines this amount after the marriage, usually by looking at the Mehr given to other women in the family. The court can also increase the Mehr amount for the wife’s protection, especially in love marriage cases. If the marriage contract (Nikah) happens but the couple does not consummate the marriage (Rukhsati), then the husband pays only half of the specified Mehr.
A Comprehensive Look at Divorce Procedures in Islam
The topic of divorce, or Talaq, is a significant part of Islamic Personal Law. The husband holds the right to give divorce, and he can do so through different methods. The Sunanti Tareeqa, or traditional method, is the preferred way. This method includes Ahsan Tareeqa, where the husband gives one revocable divorce during his wife’s Iddat (waiting period) and can take her back without a new marriage. Hasan Tareeqa involves giving one divorce each month over three consecutive months.
In contrast, the Bidati Tareeqa is an innovative method where the husband pronounces three divorces at once. Moreover, other scenarios also lead to divorce. For example, if a spouse leaves Islam, a divorce occurs automatically. A wife can also obtain divorce through Tafweez, a right delegated to her by the husband in the marriage contract. Mutual consent, known as Mubarat, and judicial divorce through the court under the Dissolution of Muslim Marriages Act, 1939, are other vital provisions in Islamic Family Law.
Important Regulations on Iddat and Child Custody
Following a divorce or the husband’s death, the wife must observe a waiting period called Iddat. This period is essential in Islamic Personal Law. If the husband dies, the Iddat period is four months and ten days. After a divorce, the Iddat lasts for three menstrual cycles. However, if the wife is pregnant, the Iddat continues until the child’s birth.
Child custody, or Hizanat, is another critical area. The mother is the natural guardian for young children. A female child typically remains with her mother until marriage, and a male child usually stays with his mother until he is seven years old. After that, custody may shift to the father. However, the most important principle in any custody dispute under Muslim Personal Law is the welfare and best interest of the child.
Financial Responsibilities: Maintenance in Islamic Law
Husbands have a clear financial duty under Islamic Family Law to provide maintenance for their wives and children. This maintenance covers basic necessities like food, shelter, and clothing, but it does not include luxuries. If a husband fails to provide this maintenance, it becomes a valid ground for the wife to seek a judicial divorce. After a divorce, the husband must provide maintenance during the wife’s Iddat period. The responsibility for maintaining children continues for a son until he reaches the age of majority and for a daughter until she gets married.
Managing Property and Assets under Islamic Personal Law
The second major part of Islamic Personal Law deals with the disposal of property. Muslims can transfer their property through several modes. Hiba is an outright gift given without any exchange or consideration. Hiba-bil-Iwaz is a gift made in return for something else, functioning like a sale. Hiba-ba-Shartul-Jawaz is a gift that depends on fulfilling a specific condition.
Wasiyat, or will, allows a Muslim to bequeath up to one-third of their total property to anyone they choose after their death. They cannot will away more than one-third. Waqf involves dedicating property for religious or charitable purposes (Waqf Fi Sabillilah) or for the benefit of one’s descendants (Waqf alal Aulad), creating a permanent trust.
The System of Islamic Inheritance and Virasat
The rules of inheritance, or Virasat, form a detailed and crucial part of Sharia Law for families. After a person’s death, the estate first pays for funeral expenses and any outstanding debts. Then, the estate executes any valid will within the one-third limit. Finally, the remaining estate distributes according to fixed shares among legal heirs, known as Ashab-ul-Furud. Close relatives always exclude distant ones from inheritance. The primary goal of these Islamic inheritance rules is to ensure a fair and systematic distribution of wealth among the family members.
For professional assistance with criminal law services and related legal matters, contact:
BETTER CALL NOW
Muhammad Amin, Advocate
📞 Phone: 0313-9708019 | 0335-1990495
📧 Email: muhammadaminadvo111@gmail.com