Any custom or usage (except those relating to agricultural land) regarding intestate succession, special property of females, including personal properly inherited or obtained under contract or gift or any other provision of Personal Law- marriage, dissolution of marriage, maintenance, dower, guardianship, gifts, trusts, and trust properties, etc. shall be governed under the Shariat Act. India is under the dominance of the traditional Hanafi school of thought, which is customary in nature.

 

5 Things to Know about Muslim Law

 

1. Marriage under Muslim Law is purely contractual. However, the nature of Muslim marriage is not merely a contract, but also a sacrament as it contains an offer (to the bride), acceptance (by the bride), and consideration in front of the Qazi; who administers the marriage as per the procedures enshrined in the holy book of Quran. A man, under the Quran, is allowed to have up to four wives, provided it is a necessity. If he gets married to more than one woman, at a time, then he must treat them equally in all ways.

 

2. In case of a dispute regarding the breakdown of the marriage between the husband and wife, it is only the husband who can ask for a divorce. The Hanafi school does not recognize the right of divorce available to women, which is called Khula. In this aspect, the Pakistani Supreme Court has been liberal in giving recognition to Khula in Khurshid Bibi Case (1967). A divorce can be done by mutual consent (Mubarak) under Islamic law.

 

3. It is the duty of a man to maintain his wife and unmarried daughter. A man has to maintain his son, only till attaining the age of majority. However, there is no such bar on the daughter. It is binding on a father to maintain his daughter under all circumstances. If a divorce takes place, the wife has to be maintained under Section 125 (CRPC). She also has the right to all gifts made to her during her maiden years and marriage.

 

4. The Islamic term for guardianship is Wilayat. Under Islamic law, it is the father, who acts as the natural guardian. A mother can only become a natural guardian in the absence of the child's paternal grandfather (and in his absence, the paternal uncle). The Indian courts do consider the provisions of the Guardianship and Wards Act (1890) while granting guardianship. To safeguard the interest and welfare of the child.

 

5. It is a gift made by a Muslim to a person or an institution. It can be oral or written. 

It has three basic features:

1. There must be a declaration of the gift being made
2. It has to be accepted by the person to whom the gift is made
3. The gift must be delivered within six months of declaration

 

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