Author: Asaf A A Fyzee
Publisher: Oxford University Press
Year: 2005
Language: English
Pages: 520
ISBN/UPC (if available): 0195648145
Description
Marked by lucidity of expressions and clarity of thought, this book is a systematic and handy text book on Mohammedan Law.
First published in 1947, and now in its fourth edition, this book is a classic work of scholarship and one of the most authoritative text book on the subject of Mohammedan law. Fyzee's exposition covers social, political, historical and cultural aspects of the law in India , and is an indispensable reference work for students, practitioners, and scholars.
PRAISE FOR THE BOOK:
In chaste and lucid prose the author has expounded the principles in which are dovetailed the many recent decisions which illustrate the modification which are taking place in Islamic law. - Bombay Law Reporter
Mr. Fyzee has made a notable contribution to the study of Mohammedan law as administered in India. - Cambridge Law Journal
It is expressly written for the student and must be regarded as incomparably the best textbook available for him. It covers all the grounds necessary and is lucidly written. - Law Quarterly Review
Contents
Preface to the Fourth Edition
Preface to the first Edition
Introduction to the Study of Muhammadan Law
GENERAL OBSERVATION
ò Pre-Islamic Arabia
ò Ancient Arabian Customs
ò Advent of Islam
ò Origin of Muslim Law
ò Shari'at
ò Fiqh : The Classical Theory
ò Fiqh : The Modern Theory
ò Development of Muslim Law
ò Formation of Sunnite Schools
ò Evolution of Ijtihad and Taqlid
ò The Shi'a : History of Sub-Schools
ò Imamat : Shite Notion of Law
ò The Last Phase : Muhammadan Law
CHAPTER I
APPLICATION AND INTERPRETATION
Application of Muhammadan LawùShariat Act, 1937
Definition of a 'MUSLIM'
Conversion to Islam and Custom
Three Commercial Communities : Khojas, Bohoras, Memons
Schools of LawùPrinciples of Interpretation
CHAPTER II
MARRIAGE
Introduction
Definition of Marriage
Form and Capacity
Disabilities
foreign Marriages
further Disabilities
Classification of Marriages
The Legal Effects of a Valid Marriage
Mut'a Or Temporary marriage
Judicial Proceedings
CHAPTER III
DOWER (MAHR)
Definition
Classification of Dower
Increase or Decrease of Dower
Enforcement of Dower
The Widow's Right of Retention
CHAPTER IV
DISSOLUTION OF MARRIAGE
Introductory
Classification
Forms of Dissolution
ò Talaq
ò Ita
ò Zihar
Divorce by Common consent
ò Khul'
ò Mubara'a
Dissolution by Judicial Process
ò Li'an
Judicial Rescission
ò Faksh
Change of Religion
Effects of Dissolution
Miscellaneous Rules
CHAPTER V
PARENTAGE AND LEGITIMACY
Legitimation, Legitimacy
Presumptions
Acknowledgement
CHAPTER VI
GUARDIANSHIP
Guardianship of the Person
Guardianship of Property
Guardianship in Marriage
CHAPTER VII
MAINTENANCE
Maintenance Defined
Obligation Arising on Marriage
Obligations Arising out of Blood Relationship
CHAPTER VIII
GIFTS
Policy, Definition
How Gifts are madeùIncidents
Who can make GiftsùCapacity
Object (Donee)
Subject (What property can be given)
Delivery of possession
Musha
Gift through the medium of a Trust
Life Interests
Revocability
Hiba, 'Ariya, Sadaqa, Wakf, Habs
Hiba bi'l-iwad, Hiba bi-sharti' l-iwad
CHAPTER IX
WAKF
Introduction
Definition
Classification
WakifùWho can make a wakf
Completion
Incidents
Subjects
Objects
Family Endowments
Administration
Mosques and other Institutions
Miscellaneous Points
CHAPTER X
PRE-EMPTION
Origin, Application, Definition
Gobind Dayal's and When ?
Conflict of Laws
The Necessary Formalities
Right when lost
Subject of Pre-emption
Legal Effects of pre-emption
Devices for evading pre-emption
CHAPTER XI
WILL AND GIFTS MADE IN DEATH-ILLNESS
Introductory
Form of will
Capacity of Testator
What can be Bequeathed ? The Bequeathable third
Effect of Registration under the special marriage Act, 1954
Who can take?ùThe Legatee
Revocation of Wills
Interpretation of Wills
Gifts made during Death-illness (mard al-mast)
Miscellaneous Rules
CHAPTER XII
THE ADMINISTRATION OF ESTATES
First Principles
Vesting of InheritanceùRule in Jafri Begam's Case
Administration of the East
power of Alienation of heir
Creditors' Suits : Recovery of Debts
Statutory Law
CHAPTER XIII
THE SUNNITE LAW OF INHERITANCE
General Principles : Dual basis of the Law
Competence to InheritùPrinciples of Exclusion
Classes of Heirs
Class I, Koranic Heirs (ashab al-fara'id)
Anomalous Cases : 'awl, radd
Class II, Agnatic Heirs ('asabat)
Class III, Uterine Heirs (dhawul-arham)
Miscellaneous Rules
CHAPTER XIV
THE SHIITE LAW OF INHERITANCE
General Principles and Classification of heirs
Shite HeirsùClass I to III
Anomalies, Miscellaneous Rules
Sunnite and Shite Systems Compared
APPENDIXES
ò The Muslim Personal Law (Shariat) Application Act, 1937
ò The Dissolution of Muslim Marriages Act, 1939
ò Agreement for Dissolution of Marriage
ò Special Marriage, 1954
ò Government of Pakistan, Ordinance VIII of 1961
ò Processions and other Miscellaneous Mattes
ò Select Bibliography
INDEXES
TABLES AND DIAGRAMS