muslim law

shariyat act 1937

shariyat-the path to be followed by human
Why was it formed? -to curb the doubts in minds of indian muslims to it
applicability this act came into existence.

sec 2- both parties are muslim then matter will be decided according to
muslim law.
matters that fall under -
interstate property
special property of the female
marriage(all incidence of marriage)
dissolution of marriage(including all kind of divorce)
maintenance
dowry
guardianship
gift
trust and trust property
Wakf

Case under -
1. adoption
2. will
3. legacy (sec 2 will not apply unless the specifically states the same
in declaration )

sec 3 - declaration (sub clause2)

effect of declaration given in sec 4

prophet Mohammad

1st msg received by prophet mohammad is called “wahi”

series of divine communication took place btw prophet and allah.

Principles expounded -
God is only one .
god supreme commander of everything
everyone should submit to it.
islam-will of god

School of law
sunni and shia

Prophet Mohammad - chief administrator

Sunni-
4th wife-hafsa of prophet wanted succession should continue through
elections.
thus, sunni formed under abu bakkar(father of hafsa begum)

shia
linear succession should continue afer death of prophet, thus shia
formed
under Fatima’s husband( fatima- d/o of prophet)