Tag: Muslim Law

No Fault Theory Of Divorce

By Sumit Kumar Suman, CNLU Introduction Under the Hindu Marriage Act, 1955 both the husband and the wife have been given a right to get their marriage dissolved by a decree of divorce on more than one grounds specifically enumerated in Section 13. Some of the grounds initially inserted were substituted and some more grounds came […]

Transfer of Property to an Unborn Child

By Shivani Gupta, HNLU Raipur Editor’s Note: The paper discusses the transfer of property to an unborn child in the future. By association, the writer discusses the legal framework involved, the restrictions placed on such transfers, and then also goes on to present a comparative analysis of the differences in […]

Marriage Under Muslim Law

Editor’s Note: The Arabic term ‘nikah’ is used to describe marriage is transliterated into “the Union of Sexes” and under this Arabic term, marriage became a civil contract in Muslim Law, as intended by the Prophet Mohammed. It has since become one of the most sacrosanct social institutions known to Man, […]

Concept of Gift Under Muslim Law

By Samarth Trigunayat, CNLU Editor’s Note: The concept of Gift, or Hiba in Muslim law has existed from the very inception of the religion, circa. 600 A.D. While Muslim Law has not been shown to recognise the differentiation of land into estates, it does recognise the difference between the ownership of […]

Inter-caste & Inter-Religious Marriages: Social And Legal Issues

By Samarth Trigunayat, CNLU Editor’s Note: In our country most marriages are governed by the specific personal laws governing each religion. However in extra ordinary circumstances when such nuptial ties are between two people of different castes, the Special Marriage Act, becomes the mandate. Our society has been grappling in the […]