Law for Muslim Women

 Law for Muslim Women

·         Irregular marriage is also known as Fasid marriage. Thus when a person marries his wife's sister, the marriage is irregular, but he can validate it by pronouncing talaq on his wife.

·         An agreement between a prospective bride and a groom which does not meet all the essential conditions of a Muslim marriage is a void agreement and any marriage that takes place in furtherance of a void agreement is called a void marriage or Batil nikah.

·         The object of the iddat is firstly to ascertain whether the wife is pregnant, and if so, the paternity of the child. Secondly, in the event of a revocable divorce, it gives the husband the opportunity to return to his wife, and thirdly, it gives a widow the opportunity to mourn the death of her husband.

·         In Islam, iddah or iddat is the period a woman must observe after the death of her husband or after a divorce, during which she may not marry another man.

·         When all the essential conditions of a Muslim marriage are duly fulfilled, it is called a sahih nikah or valid marriage.

·         Apart from the divorce which may emanate either from the husband or the wife without the intervention of the court or any authority, Muslim law also provides for the dissolution of marriage to the wife by decree of the court. It is called Faskh. The word Faskh means annulment or abrogation.

·         Talaq is also of three kinds - 'Talaq-e-ahsan', 'Talaq-e-hasan' and 'Talaq-e-biddat'. The Quran and 'hadith' i.e. sayings of the Prophet Muhammad, approve of 'talaq-e-ahsan', and 'talaqe-hasan' as they are considered most reasonable form of divorce.

·         The difference between a khula divorce and a mubara'at divorce is that in khula the wife desires the divorce and initiates it, while in mubara'at both spouses desire the separation.

·         The Hanafi school believes that all adult females have the exclusive right to enter into a khula.

·         Ahmed Khan v Shah Bano Begum', which cites the victory story of a 62 year old Muslim woman for her right to maintenance from her husband under section 125 of CrPC who had divorced her.

·         ARIYAT. This form of gift permits the enjoyment of the property without the inhibiting the title of the donor.

·         In Hiba- bill-iwaz the consideration is paid by donee voluntarily whereas in Hiba-ba-Shartul-iwaz its payment is a condition precedent.

·         In Hiba- bil-iwaz the consideration is at the will of donee but in Hiba-ba-shartul- iwaz the value and kinds of consideration is at the discretion of the donor.

·         Gift of Musha or Gift of undivided share : The word Musha means an undivided share or part in a property.

·         Such property may be movable or immovable. Under Muslim law, Musha signifies an undivided share in a joint property.

·         Musha is therefore, a co-owned or joint property.

·         Muta is a temporary marriage that is contracted for a limited or fixed period and involves the payment of money to the female partner.

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