Course Content
Legal Study for WBJS – An Inroduction
0/1
Legal Study for WBJS Examination – Introduction
19:43
Indian Constitution
0/1
Constitution of India
18:23
Indian Contract Act
0/4
Indian Contract law Overview
07:03
Indian Contract Law 1872 Part 1
43:52
Indian Contract Act 1872 Part 2
23:11
Law of Torts
26:54
Civil Procedure Code
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Civil Procedure Code
22:51
BNS 2023
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BNS 2023 Indian Penal Code
25:38
BNSS 2023 | CrPC
0/1
BNSS 2023 | Cr PC
24:28
BSA 2023 – Indian Evidence Act
0/1
BSA 2023 Indian Evidence Act
39:49
Family Law
0/2
Hindu Family Law
25:08
Muslim Law
27:01
Limitation Act
0/1
Law of Limitation
17:48
WBJS (Prelims) – Legal Study

Overview of Muslim Personal Law

Muslim Personal Law (Islamic Law) governs matters relating to marriage, divorce, maintenance, inheritance, guardianship, and waqf among Muslims in India. Unlike Hindu law, it is largely uncodified and primarily derived from religious sources, though certain aspects are governed by statutes.

⚖️ 1. Sources of Muslim Law

🔹 Primary Sources:

  • Quran – Supreme authority

  • Hadith (Sunna) – Sayings and practices of Prophet Muhammad

  • Ijma – Consensus of jurists

  • Qiyas – Analogical reasoning

🔹 Secondary Sources:

  • Customs and usages

  • Judicial decisions

  • Legislation

📜 2. Schools of Muslim Law

🔹 Sunni Schools:

  • Hanafi (most followed in India)

  • Shafi

  • Maliki

  • Hanbali

🔹 Shia Schools:

  • Ithna Ashari (dominant in India)

📌 Differences exist in inheritance, marriage, etc.

💍 3. Marriage (Nikah)

Marriage in Muslim law is a civil contract, not a sacrament.

Essentials:

  • Offer (Ijab) and Acceptance (Qubul)

  • Free consent

  • Competent parties

  • Consideration → Mahr (Dower)

Types of Marriage:

  • Valid (Sahih)

  • Void (Batil)

  • Irregular (Fasid)

💰 4. Dower (Mahr)

  • Mandatory payment by husband to wife

  • Can be:

    • Prompt

    • Deferred

📌 Wife has right to refuse cohabitation until paid (in some cases)

💔 5. Divorce (Talaq)

Modes of Divorce:

  • Talaq by husband

  • Khula (by wife with consent)

  • Mubarat (mutual divorce)

  • Judicial divorce

📌 Instant triple talaq declared void in India

📌 Relevant Law: Muslim Women (Protection of Rights on Marriage) Act, 2019

👩‍⚖️ 6. Maintenance

  • Wife entitled to maintenance during marriage

  • After divorce → limited to iddat period

📌 Landmark Case: Mohd. Ahmed Khan v. Shah Bano Begum

👶 7. Guardianship

Types:

  • Natural guardian

  • Testamentary guardian

  • Court-appointed guardian

📌 Father is primary guardian (in Sunni law)

🧒 8. Custody (Hizanat)

  • Right of mother to custody of minor children up to certain age

📌 Welfare of child is paramount

🏠 9. Waqf

  • Permanent dedication of property for religious/charitable purposes

📌 Governed by Waqf Act, 1995

📜 10. Inheritance (Succession)

Key Features:

  • No concept of joint family

  • Property devolves after death

Heirs:

  • Sharers (fixed share)

  • Residuaries

  • Distant kindred

📌 Females also inherit (though shares differ)

⚖️ 11. Important Concepts

  • Iddat (waiting period after divorce/death)

  • Legitimacy of children

  • Acknowledgment of paternity

🇮🇳 12. Application in India

  • Governed by Muslim Personal Law (Shariat) Application Act, 1937

  • Courts interpret based on Quranic principles and precedents

⚖️ 13. Difference: Muslim Law vs Hindu Law

Basis Muslim Law Hindu Law
Nature Contract (Marriage) Sacrament + Contract
Codification Mostly uncodified Codified
Joint Family Not recognized Recognized

🎯 14. Importance in Judicial Exams

  • Frequently asked in:

    • Prelims (concept-based MCQs)

    • Mains (problem questions)

📌 15. Exam Strategy

  • Focus on:

    • Marriage & divorce types

    • Inheritance rules

    • Case laws

  • Practice problem-based questions

  • Revise key terms (Mahr, Talaq, Iddat)

🧠 Final Note

Muslim Law is concept-based and requires clear understanding of principles and terminology. Once understood, it becomes a high-scoring subject in judicial exams.

 

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