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Legal Maxims in Islam: Submitted To: Sir Jehanzeb Waqas Submitted By: Syed Ahmad Hassan Roll No: 2929 Section: A
Legal Maxims in Islam: Submitted To: Sir Jehanzeb Waqas Submitted By: Syed Ahmad Hassan Roll No: 2929 Section: A
Legal Maxims in Islam: Submitted To: Sir Jehanzeb Waqas Submitted By: Syed Ahmad Hassan Roll No: 2929 Section: A
Section: A
According to Hanbali, Shafai and Maliki jurists, the talaq given under duress
is not a valid one as it lacks free volition.
He may clothe ten destitute people, (giving) each of them one garment or
more, the minimum of (each) being that in which salah is valid.
If one is not capable of any of these three things, one must fast
three consecutive days.
The view of the majority of Maliki, Shafi and Hanbali Jurist is that he cannot
give money instead of food.
Validity of Marriage
Witness
According to Jurists of all four schools, two adult muslim male or one
adult muslim male and two adult muslim female witnesses are
minimum requirement for Nikah to be valid. A marriage without two
witnesses is not valid and the relationship will be illegal and Haram.
Mehar
The Mehar (dowry) is the woman's right and should be stipulated prior
to the marriage. While the mehar is often money, it can also be
anything agreed upon by the bride such as jewelry, home goods,
furniture, a dwelling or some land. Mehar is typically specified in the
marriage contract signed during an Islamic marriage.
The mehar does not have any upper limit, by consensus of all the
schools but the schools differ regarding the lower limit.