The Muhammadan Law: Being a Digest of the Law Applicable Especially to the Sunnís of India |
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Page xiii
... or irregular form • 383 In the Sunní or regular form Divorce by a sick man • 385 393 · Separation , or irrevocable divorce caused by lián , ílá , impotency , & c . . 406 . LECTURE XIV . KHULA , IDDAT , RAJÁT AND SUMMARY OF CONTENTS . xiii.
... or irregular form • 383 In the Sunní or regular form Divorce by a sick man • 385 393 · Separation , or irrevocable divorce caused by lián , ílá , impotency , & c . . 406 . LECTURE XIV . KHULA , IDDAT , RAJÁT AND SUMMARY OF CONTENTS . xiii.
Page 198
... separation take place between him and his wife , and his property be divided amongst his heirs ; since upon the judgment being given by the Kází , he is regarded as civiliter mortuus . And if he do return after the passing of the Kází's ...
... separation take place between him and his wife , and his property be divided amongst his heirs ; since upon the judgment being given by the Kází , he is regarded as civiliter mortuus . And if he do return after the passing of the Kází's ...
Page 259
... separated . Let this , however , be known to you , that when there is no fraction in the property of the deceased , then the rule above laid down will apply ; but when there is a fraction therein , then it will be necessary to increase ...
... separated . Let this , however , be known to you , that when there is no fraction in the property of the deceased , then the rule above laid down will apply ; but when there is a fraction therein , then it will be necessary to increase ...
Page 265
... one heir claims it , provided the property admit of separation without detri- ment to its utility . - Macn . M. L. , Chap . I , Sect . xii , Prin , 112 . LECTURE VII . CXLVIII . A partition must not be L 2 ON INHERITANCE . 265.
... one heir claims it , provided the property admit of separation without detri- ment to its utility . - Macn . M. L. , Chap . I , Sect . xii , Prin , 112 . LECTURE VII . CXLVIII . A partition must not be L 2 ON INHERITANCE . 265.
Page 266
... separated without detri- ment to its several parts , the consent of all the co - heirs is requisite ; so also where the estate consists of articles of different species . - Macn . M. L. , Chap . I , Sect . xii , Princ . 113 . VII ...
... separated without detri- ment to its several parts , the consent of all the co - heirs is requisite ; so also where the estate consists of articles of different species . - Macn . M. L. , Chap . I , Sect . xii , Princ . 113 . VII ...
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The Muhammadan Law: Being a Digest of the Law Applicable Especially to the ... Shama Churun Sircar No preview available - 2013 |
Common terms and phrases
Abú Hanífah Abú Yusuf according to Abú acknowledgment allotted amount ANNOTATIONS apostacy apostate arrangement authority brother Chap child claim claimants consanguinity consent consummation contract daugh death deceased deceased's dínárs distant kindred divided division divisor divorce eight entitled equal excluded Explana Fatáwá Alamgírí father and mother father's side fatwa female ancestors fosterage four fourth fraction grandfather grandmothers guardian half Hidayah husband iddat Illustra Imám inherit instance Kází Kurán LECTURE low soever male marriage marry moiety Muhammad Muhammadan Law multiplicand multiplied Musalmán number of shares one-third opinion option parents parties paternal aunt paternal uncles person portion preemption pregnant Princ Principle proper dower puberty remaining repudiation residuaries respect root rule Sect Sharífiyyah shufá Sir William Jones Sirájiyyah sisters sixth slave son's daughter sons Sunní third tion twelve two-thirds usufruct valid Vide wife William Macnaghten wives woman Zayid
Popular passages
Page 79 - And if his father have no brethren, then ye shall give his inheritance unto his kinsman that is next to him of his family, and he shall possess it: and it shall be unto the children of Israel a statute of judgment, as the LORD commanded Moses.
Page 78 - A male shall have as much as the share of two females: but if they be females only, and above two in number. they shall have two third parts of what the deceased shall leave; and if there be but one, she shall have the half. And the parents of the deceased shall have each of them a sixth part of what he shall leave, if he have a child: but...
Page 72 - Calcutta; provided that their inheritance and succession to lands, rents, and goods, and all matters of contract and dealing between party and party, shall be determined, in the case of Mahomedans, by the laws and usages of...
Page 273 - So much of any law or usage now in force within the territories subject to the government of the East India Company as inflicts on any person forfeiture of rights or ' property, or may be held in any way to impair or affect any right of inheritance, by reason of his or her renouncing, or having been excluded from the communion of any religion, or being deprived of caste, shall cease to be enforced as law in the courts of the East India Company, and in the courts established by Royal charter within...
Page 79 - If a man die, and have no son, then ye shall cause his inheritance to pass unto his daughter.
Page 72 - Britain that the private laws, which they severally hold sacred, and a violation of which they would have thought the most grievous oppression, should not be superseded by a new system, of which they could have no knowledge, and •which they must have considered as imposed on them by a spirit of rigour and intolerance...
Page 79 - They also shall have the fourth part of what ye shall leave, in case ye have no issue ; but if ye have issue, then they shall have the eighth part of what ye shall leave, after the legacies which ye shall bequeath and your debts be paid. And if a man or woman's substance be inherited by a distant relation, and he or she have a brother or sister ; each of them two shall have a sixth part of the estate. But if there be more than this number, they shall be equal sharers in a third part, after payment...
Page 72 - Muselman subjects of Great Britain, that the private laws, which they severally hold sacred, and a violation of which they would have thought the most grievous oppression, should not be superseded by a new system, of which they could...
Page 79 - They will consult thee for thy decision in certain cases; say unto them, GOD giveth you these determinations, concerning the more remote degrees of kindred.
Page 78 - And if he have brethren, his mother shall have a sixth part, after the legacies which he shall bequeath, and his debts be paid. Ye know not whether your parents or your children be of greater use unto you. This is an ordinance from God, and God is knowing and wise. Moreover ye may claim half of what your wives shall leave, if they have no issue; but if they have issue, then ye shall have the fourth part of what they shall leave, after the legacies which they shall bequeath, and the debts be paid....