What is the Muhammadan law?
But in Muhammadan law, the estate of a deceased person devolves on his death upon his heirs, each of whom becomes entitled to his definite fraction of every part of the estate.
What are the main points of Sharia law?
In Arabic, Sharia literally means “the clear, well-trodden path to water”. Sharia acts as a code for living that all Muslims should adhere to, including prayers, fasting and donations to the poor. It aims to help Muslims understand how they should lead every aspect of their lives according to God’s wishes.
What are the Shia laws?
The Shia Personal Status Law, also known as the Shia Family Law, is a law of Afghanistan that was approved in February 2009 with Afghan President Hamid Karzai’s signature. A portion of the law pertaining to sexual relations between husband and wife made international headlines.
What are the 3 main categories of Islamic law?
The first is the sayings of the prophet – Sunnah Qawliyyah/Hadith. The second is the actions of the prophet – Sunnah Al Filiyya. The final type of Sunnah is the practices prevailing during Muhammad’s time which he did not oppose – Sunnah Taqririyyah.
What are the essential requirements of a valid Hiba?
It means the three essentials condition for a valid Hiba is essentials namely, the declaration, acceptance and delivery of possession. Every Hiba-bil-Iwaz is pure gift in its inception. But as soon as the donee also makes a gift in return of the original gift, the original gift becomes Hiba-bil-Iwaz.
What is prohibited under Sharia law?
The giving and receiving of interest (riba), extremely risky investments, gambling, prostitution, and alcohol consumption are prohibited. The belief that trade is to be conducted in a faithful and beneficial manner and the principle of risk-sharing form the basis of Islamic business.
What is Islamic law called?
Human interpretations of sharia, or fiqh, are the basis of Islamic law today. About half the world’s Muslim-majority countries have sharia-based laws, and most Muslims worldwide follow aspects of sharia in their private religious practices.
Does Hiba need to be registered?
Therefore, it is clear that established position of law is that an oral gift (hiba) by a Muslim, is not required to be in writing and is valid if its three stated ingredients are present. If there is writing made, recording the oral gift, such writing does not require registration.
Can Hiba be challenged?
The courts say that the mutation is not a document of title and meant for fiscal purpose only. If at any stage, the Mutation of oral gift is challenged before the Civil Court , the Civil Court may cancel it easily, if the gift is not proved.