LEGAL MAXIMS IN ISLAM

Submitted to: Sir Jehanzeb Waqas

Submitted by: Syed Ahmad Hassan

Roll no: 2929

Section: A

Submission Date: 9th March, 2017

INTERNATIONAL ISLAMIC UNIVERSITY ISLAMABAD

Nikah of a woman without permission of father is valid but if this woman marries without permission in the absence of a valid legal reason. (giving) each of them one garment or more.Divorce Under Coercion According to Hanafi School of Islamic Law. He may clothe ten destitute people. One may also give the equivalent of the above in money. the talaq given under duress is not a valid one as it lacks free volition. then she commits a sin. the minimum of (each) being that in which salah is valid. According to Maliki. If a woman marries a ghair kufu’ (unsuitable) man without the permission of her wali. Kaffara for breaking Oath According to Hanafi Jurists He may free a slave. a verbal talaq (divorce) given under coercion and duress is Valid and Effective. . one must fast three consecutive days. then this is invalid. He may feed ten destitute people.  If one is not capable of any of these three things. Shaf’i and Hanbali Jurist is that he cannot give money instead of food. Shafai and Maliki jurists. Validity of Marriage Hanafi Jurists says. According to Hanbali. morning and evening. Shafi and Hanbali Jurists The view of the majority of Maliki.

a dwelling or some land. A marriage without two witnesses is not valid and the relationship will be illegal and Haram. While the mehar is often money. Therefore. The Shafi'i. Witness According to Jurists of all four schools. is invalid and void. nikah entered into by a woman herself. though it be a single morsel. the husband will pay her three dirhams. he has a choice between giving her three dirhams or dissolving the contract by paying her half the specified mehar. Mehar The Mehar (dowry) is the woman's right and should be stipulated prior to the marriage. Maliki jurists. by consensus of all the schools but the schools differ regarding the lower limit. without the permission of her wali. the Hanbali observe: Everything which is valid as price in a contract of sale is valid as mehar in a marriage contract.  The mehar does not have any upper limit. furniture. home goods. if something less is specified and later the marriage is consummated. it can also be anything agreed upon by the bride such as jewelry. and a contract concluded for a lesser amount is valid and the minimum ten Dirhams shall be payable.  According to Hanbali. . The minimum dowry according to the Hanafís is ten Dirhams. Mehar is typically specified in the marriage contract signed during an Islamic marriage. Shafai. The Malikis have said: The minimum is three dirhams. if it has not been consummated. two adult muslim male or one adult muslim male and two adult muslim female witnesses are minimum requirement for Nikah to be valid.