ISLAMIC LAW REGARDING MARRIAGE

Islam recognizes value of sex and advocates marriage. Islam does not believe in
celibacy. The Prophet of Islam has said, "Marriage is my Sunnah (that is recommended
action of the Prophet) and whoever does not follow my Sunnah is not my true
follower." (Ibn Haiah, Babun Nikah)
Allah has commanded the Muslims to marry: 
"And marry those among you who are single…." (24:33)
LOGIC BEHIND MARRIAGE IN ISLAM
1)      IMPORTANCE OF SEX IN MARRIAGE :- Islam recognizes value of sex and
advocates marriage.. This was because Islam has fully understood that sexual
instincts cannot and must not be repressed. They can only be regulated for the
well being of human beings in this life and for their success in the hereafter. The
Holy Prophet (s.a.w.) and the Holy Imams (a.s.) also encouraged their followers
to marry and to fulfill their sexual urges in lawful ways as can be seen. The Holy
Prophet (s.a.w.) said, "O you young men! I recommend marriage to you."
2)      ISLAM DOES NOT BELIEVE IN CELIBACY . Islam is totally opposed to
monasticism and celibacy. Uthman bin Maz'un was a close companion of the
Prophet. One day his wife came to the Prophet and complained, "O Messenger of
God! Uthman fasts during the day and stands for prayers during the night." In
other words, she meant to say that her husband was avoiding sexual relations
during the night as well as the day. The Prophet was angered. He did not even
wait to put on his slippers. He went to Uthman's house and found him praying.
When Uthman finished his prayers and turned towards the Prophet, he said, "O
Uthman! Allah did not send me for monasticism, rather He sent me with a
simple and straight [Shariah]. I fast, pray and also have intimate relations with
my wife. So whosoever likes my tradition, then he should follow it; and marriage
is one of my traditions."
3)      BENEFICIAL EFFECTS OF MARRIED LIFE  :- Various studies prove that
married people remain healthier, physically and mentally. Islam has always
maintained that marriage is beneficial for us in many ways. Islam also regards
marriage as a way to acquire spiritual perfection
4)      MARRIAGE ENHANCES THE VALUE OF PRAYERS. The Prophet (s.a.w.)
said, "Two rak 'ats (cycles) prayed by a married person are better than the night-
vigil and the fast of a single person." A woman came to the Prophet (s.a.w.) and
said that she had tried everything to attract her husband but in vain; he does not
leave his meditation to pay any attention to her. The Prophet (s.a.w.) told her to
inform her husband about the reward of sexual intercourse.
5)      MARRIAGE INCREASES SUSTENANCE   :- The Holy Prophet (s.a.w.)
remarked, "Give spouses to your single ones, because Allah makes their morality
better (improves it) (under the shadow of marriage) and expands their
sustenance and increases their generosity (human values

WHO IS ELIGIBLE TO MARRY?

For man to become eligible for taking a woman's hand in marriage, Islam has several
 recommendations. According to Islamic laws, when a boy attains the age of fifteen,
or becomes sexually potent, he is Baligh, and has attained puberty. But this is not
enough for entering into a contract of marriage.Apart from the laws related to
puberty, there is a concept of Rushd which can be translated as 'capability of a
sensible conduct' or maturity. A husband has to be Rashid and a wife Rashidah; so
that the responsibilities of married life are sensibly discharged. Books of Islamic law
may be referred for exact details on physical and mental maturity.
ESSENTIAL CONDITIONS OF MARRIAGE
There must be a clear proposal. 
There must be a clear acceptance. 
There must be at least two competent witnesses. This is necessary to
exclude illicit sex and to safeguard legitimacy of progeny. It is
recommended that marriage should be widely publicized.  
There must be a marriage gift, little or more, by the bridegroom to
the bride. 
LOGIC BEHIND DOWRY
1)      Dowry or marriage gift by bridegroom to the bride is a symbolic expression
of the groom's cognizance of the economic responsibilities of marriage and of his
readiness to assume all such responsibilities subsequent to marriage. Dowry is
not any price paid either to wife or family of the wife.
2)      It is proof of high place of respect given to woman by Islam as before advent
Islam womenfolk used to receive a very cruel and inhuman treatment.
3)      The general principle is that dowry should be estimated according to the
circumstances with emphasis on moderation. The Prophet (Sm) is reported to
have said that the most blessed marriage is that which is least costly and most
easy. 
RELATIONS WITH WHOM MARRIAGE    IS PROHIBITED
Father's wife, whether divorced or widowed, 
The mother including grand mothers, 
The daughter including grand daughter, 
The sisters including half and step sisters, 
The paternal aunt, whether real, half or step sister of the father, 
The maternal aunt, whether real, half or step sister of mother, 
The brother's daughter and  
The sister's daughter. 
 IMPORTANT POINTS
1)      These restrictions have been imposed by Allah in his wisdom to increase trust
among close relations by prohibiting incestuous relations, increase love and
affection among close relations, expand family ties beyond close circle etc. 
2)      In Islam marriage is also prohibited with foster mother who has suckled him
during the period of weaning and with foster sisters, foster aunt and foster nieces. 
3)      Islam has also prohibited marriage with mother in law, the stepdaughter, and
the daughter in law. Islam has also forbidden having two sisters as co-wives. 
4)      It is also prohibited to marry a woman who is a Mushrik that is who worships
 idols or associates other deities with Allah. Allah says in His book, the
Quran,  "And do not marry Mushrik women until they believe."
WHETHER A MUSLIM CAN SEE GIRL BEFORE MARRIAGE
It is permissible for a Muslim man to see the women to whom he intends to propose
marriage before taking further steps so that he can enter into the marriage with full
knowledge. This has been permitted in Islam to avoid further misunderstanding. The
Prophet (Sm) has said, "When one of you asks for woman in marriage, if he is able to
look at what induce him to marry her, he should do so." (Narrated in the book of
tradition of Abu Daud). However, it is not permitted in Islam for a man to be alone with
a woman in the name of selection of spouse. 
WHETHER CONSENT OF GIRL IS REQUISITE
It is the girl's right to make decision concerning her marriage and her father or guardian
has no right to over-ride her objections or ignore her wishes.
 
WHAT IS NIKKAH
Nikah, or nikkah, is the contract between a bride and bridegroom and part of an Islamic
marriage, a strong covenant as expressed in Qur'an 4:21.
NIKAH MUT‘AH
Nikah mut‘ah temporary marriage), (often referred as "fixed-time marriage" since many
of these marriages have a time limit), is the second form of marriage although not stated
in the Qur'an. There is controversy on the Islamic legality of this type of marriage, since
Sunnis believe it was abrogated by Muhammad. The Qur'an itself doesn't mention any
cancellation of the institution. Nikah mut‘ah sometimes has a preset time period to the
marriage, traditionally the couple do not inherit from each other, the man usually is not
responsible for the economic welfare of the woman, and she usually may leave her
home at her own discretion. Nikah mut‘ah also does not count towards a maximum of
wives (four according to the Qur'an). The woman still is given her mahr, and the
woman must still observe the iddah, a period of four months at the end of the marriage
where she is not permitted to marry in the case she may have become pregnant before
the divorce took place. This maintains the proper lineage of children.
The Shi'ia sect allows this type of marriage, however the sunni paradigm prohibits this
form of marriage.
_____________________
 
Khula
Khula is the right of a woman in Islam to divorce or separate from her husband. After
divorce the husband is responsible for the education and maintenance of the children.
The children live with the mother for seven years. After seven years the children have
the right to live with the father or the mother, as they decide.
A woman seeks a Khula while a man seeks a Talaq. The Iddah period (waiting time
after a divorce) of a woman whom seeks a Khula, is one menstrual cycle or one month if
she is no longer menstruating. This ensures that she is not pregnant. This is different
from when a man seeks a Talaq, when the Iddah period is three cycles or three months.
The Iddah period also allows for reconciliation for the husband and wife. There is still
the need for witnesses when seeking a Khula as in a Talaq. The Mahr, depending on
circumstances, may or may not be given back to the husband.
What is iddat
In Islam, iddah or iddat (Arabic: ‫;العدة‬ period of waiting) is a period after adivorce, during
which a woman may not marry another man. The period is calculated on the number
of menses that a woman has, usually three.
Logic behind iddat
1)      Iddah was intended to ensure that the male parent of any offspring
produced after the cessation of a nikah would be known.
2)      Islamic scholars consider period of iddat  to be a balance between
mourning of husband's death and protecting the widow from criticism
that she from re-marrying too quickly after her husband’s death
3)      This is also to ascertain whether a woman is pregnant or not, since
four and a half months is half the length of a normal pregnancy.
Quranic Base of Iddat
Al Baqarah 2:234 If any of you die and leave widows behind, they shall wait concerning
themselves four months and ten days: When they have fulfilled their term, there is no
blame on you if they dispose of themselves in a just and reasonable manner. And Allah
is well acquainted with what ye do.
Summary of directive contained in the Quranic Order
The waiting period (Iddah) of a widow is four months and ten days;
During this period, the woman is not to marry another husband;
During this period, a person may declare his intentions of marrying the widow -
in a socially acceptable manner - or he may keep such intentions to himself, yet he
should not make a secret commitment of marriage with the widow; and
The time and place of the marriage-contract should be finalized and committed
to only after the period of four months and ten days has expired.
CHANGES BROUGHT BY MUSLIM FAMILY LAWS ORDINANCE, 1961(# V111
OF 1961)
REGISTRATION OF MARRIAGES
The Muslim Family Laws Ordinance (MFLO) 1961 introduced reforms regarding
registration of marriages and in default of such registration penalties of fine and
imprisonment have been prescribed. Nevertheless, Muslim marriages are still legal
and valid if they are performed according to the requisites of Islam. This ordinance
empowers the local councils (union council, municipality, municipal corporation) to
issue licenses for marriage registration to one or more persons, and the persons so
licensed are known as 'Nikah Registrar'. However, the number of those registrars
must not exceed one in each ward.
 
POLYGAMOUS MARRIAGES
MFLO has also introduced some reforms in the law relating to polygamy. Now, a
husband must submit an application and pay a prescribed fee to the local union
council in order to obtain permission for contracting a polygamous marriage.
Thereafter, the chairman of the union council forms an arbitration council with
representatives of both husband and wife/wives in order to determine the necessity
of the proposed marriage. The application must state whether the husband has
obtained consent of the existing wife or wives. Contracting a polygamous marriage
without prior consent is subject to penalties of fine and or imprisonment and the
husband becomes bound to make immediate payment of dower to the existing wife
or wives. Nonetheless, if the husband has not obtained consent of the existing wife
or wives the subsequent marriage remains valid.
 
DIVORCE / TALAQ BY HUSBAND
Under MFLO limited reforms have also been introduced in relation to talaq. Under
MFLO a divorcing husband shall, as soon as possible after talaq has been
pronounced, in whatever form, give a notice in writing to the chairman of the Union
Council. The chairman must then supply a copy of the notice of talaq to the wife.
Non-compliance is punishable by imprisonment and/or a fine. Within thirty days of
receipt of the notice of talaq, the chairman must constitute an Arbitration Council in
order to take steps to bring about a reconciliation between the husband and the wife.
If and when such attempts to negotiate a reconciliation fails, a talaq that is not
revoked in the meantime, either expressly or implicitly, takes effect after the expiry
of ninety days from the day on which the notice of repudiation was first delivered to
the chairman. If, however, the wife is pregnant at the time of the pronouncement of
talaq, the talaq does not take effect until ninety days have elapsed or the end of the
pregnancy, whichever is later.
OUTSTANDING AMOUNT OF DOWER RECOVERABLE AS ARREARS OF
LAND REVENUE
Any outstanding dower or maintenance not paid in due time is recoverable as
arrears of land revenue. Also, where no details regarding the mode of payment
of mahr are recorded in the marriage contract, the entire sum of the dower stipulated
therein is presumed to be payable as prompt dower
 
FAILURE TO GIVE NOTICE OF TALAQ
Failure to notify, in the above stated manner, invalidated Talaq until the late 1970s
and early 1980s, but introduction of the Zina Ordinance allowed scope for abuse as
repudiated wives were left open to charges of zina if their husbands had not
followed the MFLO's notification procedure. Since early 1980s, the practice of the
Courts in Pakistan is that they validate a Talaq despite a failure to notify as provided
under the MFLO.
DISSOLUTION OF MARRIAGE OTHERWISE THAN TALAQ
Where the right to divorce has been duly delegated to wife and she wishes to
exercise that right, or where any of the parties to a marriage wishes to dissolve the
marriage otherwise than by talaq, the provisions of talaq shall with necessary
changes be applicable.
 
 INHERITANCE OF SON OF PREDECEASED SON
The MFLO also introduced a significant reform to the classical law of inheritance by
allowing for orphaned grandchildren by predeceased sons or daughters to inherit
from their maternal or paternal grandparents.
 
___________________.
DIVORCE IN ISLAM

Divorce in the Pre-Islamic Period

Islam is not alone among religions in permitting divorce. Prior to its advent, apart from a very
few societies, divorce was allowed everywhere in the world. It was a common occurrence that
when a man became angry with his wife, he would turn her out of the house, with or without a
just cause, and the wife had no legal recourse against him nor any claim on his property, nor
even a right to support money or compensation.
Unconditional and unrestrained divorce was allowed among the ancient Greeks when their
civilization was ascendant. Under Roman law a judge was empowered to annul a marriage
even if the two parties had included a provision against divorce in their marriage contract, since
the possibility of divorce was regarded as a part of the marriage contract. During the earlier
period of Roman civilization the religious marriage made no provision for divorce, but at the
same time the husband was given absolute power over his wife; for example, under certain
circumstances it was lawful for him to kill her. As time passed, the religious law was brought
into conformity with the civil law, which permitted divorce.

Divorce in Judaism
Judaism improved the status of the wife but it also broadened the scope of divorce. The
religious law requires that the husband divorce the wife if moral delinquency is proved against
her, even though he may prefer to forgive her; likewise, he is required to divorce her if she does
not bear him children throughout a period of ten years of married life.

Divorce in Christianity
Christianity stands alone among the religions we have mentioned, in distinction even to
Judaism, in prohibiting both divorce and marriage to divorced men and women. Jesus (peace be
on him) is reported to have said, "It was also said, 'Whoever divorces his wife must give her a
certificate of divorcement. But I tell you, whoever divorces his wife, except on the grounds of
adultery, causes her to commit adultery; and whoever marries a woman who has been divorced
commits adultery. (Matt. 5:31-32) "And he said to them, 'Whoever divorces his wife and marries
another, commits adultery against her; and if a woman divorces her husband and marries
another, she commits adultery.' " (Mark 10:11-12)
 
 
The Islamic Limits for the Regulation of Divorce
The Islamic Shari'ah has placed a number of obstacles in the way of divorce in order to confine
it within the narrowest possible compass. Divorce without lawful necessity and without first
exhausting all remedies of peaceful settlement  is unlawful and is prohibited in Islam. Some
jurists maintain, it is injurious to both husband and wife, unnecessarily damaging the interests
of the two, which, like the wasting of property, isharam. "Do not harm yourself or othersthe
Prophet (peace be on him) has instructed us.
People who divorce their spouses and marry others in order to enjoy a variety of sexual
partners are liked neither by Allah nor by His Messenger (peace be on him). The Prophet (peace
be on him) called them "the tasters," saying, "I do not like the tasters, men and
women," and, "Allah does not like the tasters, men and women."
Said 'Abdullah bin 'Abbas, "Divorce is (only) in the case of necessity."
The Prohibition of Divorcing During Menstruation
When divorce becomes necessary, it is not permissible for the Muslim to implement it any time
he pleases; he must wait for a suitable time. According to the Shari'ah,  this suitable time is when
the woman is clean following her menstrual period or the period of puerperal discharge
following childbirth and before her husband has resumed sexual relations with her, or when
she is pregnant and her husband is aware of her pregnancy.
Why divorce prohibited during menstruation period.
The reason for prohibiting divorce during menstruation or the period of puerperal discharge is
that, since during such periods sexual intercourse is haram,  the idea of divorce may come to a
man's mind because of sexual frustration and nervous tension. He is therefore advised to wait
until his wife is clean and to divorce her then, if he is intent on divorce, before the resumption of
marital relations.
Just as divorce during menstruation is haram,  it is likewise haram between menstruation periods
(i.e., "the period of purity") if the husband has had intercourse with his wife following the
termination of her previous period. Because it is possible that she may have become pregnant
from this union, the husband may change his mind concerning divorce when he knows that his
wife is carrying a child, desiring to stay married to her for the sake of the embryo in her womb.
In the Sahih  of al-Bukhari, it is transmitted that 'Abdullah bin 'Umar divorced his wife during
her menstrual period. When 'Umar mentioned the matter to the Messenger of Allah (peace be
on him) he became angry, saying, He must take her back. If he still wishes to divorce her he
may do so when she is clean of the menstrual discharge before having intercourse with her,
for that is the period of waiting which Allah has prescribed for divorce, referring to the  ayah,
'O  Prophet, when you (men) divorce women, divorce them during the prescribed
periods.' (65:1)
1) Talaq Ahsan Repeated Divorce
The Muslim is allowed three chances, that is to say, three pronouncements or acts of divorce on
three different occasions provided that each divorce is pronounced during the time when the
wife is in the period of purity and he has had no intercourse with her. This is called as Talaq
Ahsan.
2) Talaq Biddai :- A husband may divorce his wife once  with three pronouncements , this type
of divorce is called as Talaq Biddat or Biddaiand let the 'iddah pass During the period
of 'iddah the two have the option of being reconciled without the necessity of remarriage. If,
however, this waiting period expires without reconciliation, they are now fully divorced. Each
of them is free to marry someone else or to remarry each other; should they want to remarry
each other, a new marriage contract is required. Those Muslims who utter three divorce
pronouncements at one time or in one statement are rebels against Allah's law and are deviating
from the straight path of Islam. Once the Prophet (peace be on him) was informed about a man
who had pronounced three divorces at one time. He got up in anger, saying, Is sport being
made of the Book of Allah while I am (yet) among you? As a result, a man stood up and said,
O Messenger of Allah, shall I not kill him? If a man pronounced threedivorces at once by
stating to the wife: “I divorce you three times” or by saying: “I divorce you”, three times, then
three divorces will be effected and the divorce will be irrevocable. The woman will be free to re-
marry another man after the termination of her Iddah. She can not return to her former
husband’s marriage unless she is divorced once again from her second husband. Some of the
evidences declaring the three divorces to be in effect:
1) Allah Almighty says in the Qur’an:
   [Divorce is (only permissible) twice, thereafter either retaining her honorably or releasing her
kindly...If he divorces her (the third time), she will not be lawful for him unless she marries
another husband (and he also divorces her)] (Surah al-Baqarah, V:229/230).
2) Sayyidatuna Aisha (Allah be pleased with her) reports that: A man pronounced three
divorces to his wife. She (after her Iddah) married another man. The Messenger of Allah was
asked if it was lawful for her to return to the first husband. He said: “ Not until they have sexual
intercourse” (Recorded by Imam al-Bukhari in his Sahih).
The Companion Uwaimir al-Ajlani (Allah be pleased with him) pronounced three divorces at
once to his wife in the presence of the Prophet of Allah (Allah bless him and give him peace),
which has been recorded by Imam al-Bukhari and others in the famous incident of Mula’ana or
li’an (Public imprecation). The Messenger of Allah (Allah bless him and give him peace) did not
negate what he said, which is a sign that all three divorces were effected. Also, all the
companions (Allah be pleased with them) considered them be in effect.
4) Sayyiduna Hasan ibn Ali (Allah be pleased with him) said (in a long Hadith, after divorcing
his wife):
   “ Had I not heard my father (Ali) narrating from my grandfather (Sallallahu Alayhi Wasallam)
say: “when a man pronounces three divorces, then his wife will no longer remain lawful for
him, unless she marries another man”, I would have taken my wife back". (Sunan al-Bayhaqi)
If after the first divorce the husband is reconciled with his wife but later the hostility and
conflict begin all over again, all efforts at reconciliation and arbitration resulting in failure, he
may divorce her a second time in the same manner as described above. In this case, too, he can
return to her during the 'iddah  without remarriage, or after the'iddah has expired through a new
marriage contract.
But it may happen that although he is reconciled with his wife again after the second divorce'
he may later divorce her for the third time. This will then be a clear proof that the hostility
between the two of them runs very deep and that they are incapable of living together. If this
third divorce takes place, it is not permissible for the husband to return to his wife during
her 'id d ah,  nor may he remarry her after the 'iddah  unless she has been married to another
man, to live with him as a permanent and true wife, and he then subsequently divorces her. It
is, however, totally prohibited for the other man to marry and divorce her simply in order to
make her halal  for her first husband.
When Talaq Becomes irrevocable
1)      Talaq in Ahsan mode becomes irrevocable at the completion of period of
iddat.
2)      Talaq Bidai becomes irrevocable immediately upon pronouncement
without there being completion of period of iddat.
Effects of divorce
1)      The right to contract another marriage  and if the marriage is consummated wife
can do so after completion of period of iddat. If the marriage was consummated and
husband had four wives at the date of divorce including divorced wife he can contract
fourth marriage after completion of period of her iddat.
2)      If the marriage was consummated unpaid dower both prompt and deferred gets
immediately payable to wife no matter. In case marriage is not consummated and
amount of dower was specified in marriage contract she is entitled to half of it.
3)      If marriage is dissolved upon apostasy of wife she is entitled to the whole dower
 if marriage is consummated.
4)      Mutual rights of inheritance ceases to exist between spouses immediately
except  where the divorce was pronounced during husband death illness i.e. marz ul
maut in which case her right of inheritance continues until the expiry of her iddat
unless she was repudiated at her own request.
5)      Cohabitation becomes unlawful
6)      There can be remarriage if there is intervening marriage known as Halala.
STEPS  IN THE TALAQ
The talāq has three steps:
Initiation
Reconciliation
Completion
1) Initiation :- This is the stage where the talāq process is initiated.
According to most Sunnī scholars it consists of:
The husband saying talāq Once in the presence of his wife.
According to most Shīa scholars:
Making a public announcement that you are starting the divorce process.
 
2) Reconciliation
According to Sunnī and Shīa jurisprudence, the couple is supposed to try to reconcile
during the iddah period, with the help of mediators from each family. If the couple breaks the
iddah by engaging in sexual intercourse, they are deemed to have been reconciled and
the talāq is voided.
The appropriate verses from the Quran are:
Sura 4.35 
And if you fear a breach between the two, then appoint judge from his people and a
judge from her people; if they both desire agreement, God will effect harmony between
them, surely God is Knowing, Aware.
3) Completion
After the completion of the talāq procedure, the couple are divorced, the husband is no longer
responsible for the wife's expenses and she becomes non-mahram for him and so they must
observe the hijāb rules.
Shīˤa scholars understand that when the ˤidda is over, the talāq procedure is completed. Two
witnesses ref are required to witness the completion of the talāq.
4)  Aftermath
If the wife is divorced for the third time, then she becomes "harām" for her former
husband. Otherwise, the couple would be able to remarry.
Even if divorce separates a man from his wife, he has to seek her help in caring for the
child or another female if the mother agrees. He must pay for her expenses.
The relevant part of the Qur'ān is:
Sura 2.232-3
And when you have divorced women and they have ended their term (of waiting), then
do not prevent them from marrying their husbands when they agree among themselves
in a lawful manner; with this is admonished he among you who believes in God and the
last day, this is more profitable and purer for you; and God knows while you do not
know.
___________________.
 
 
The Prohibition of the Oath of Desertion
One of the aspects of Islam's concern for the rights of women is that it prohibits a man to be so angry with
his wife as to discontinue sexual relations with her for a period which she cannot bear. If this
abandonment of sexual relations is accompanied by an oath on his part, he is given a limit of four months
in which to calm down and revert to her. If he comes to his senses and resumes sexual relations before the
expiration of the four months, it is possible that Allah may forgive him for his excess and open the door
of repentance to him; however, he must still do the penance prescribed for a broken oath. If, on the other
hand, this period expires and he has not returned to her, his wife is divorced from him as a just
punishment for his neglect of her rights.
Some jurists hold that the divorce is automatic at the expiration of four months and that no judgement
from a court is needed. Others, however, require that at the end of the period the matter should be
referred to the judicial authority, who will then give them the option of reconciliation or divorce.
Such an oath of abstention from the wife is technically known in the Shari'ah as eela. Concerning it Allah
Ta'ala says: For those who take an oath of abstention from their wives, a waiting period of four months
(is ordained); if they return, indeed, Allah is Forgiving, Merciful. But if their intention is firm for
divorce, then, indeed, Allah is Hearing, Knowing. (2:226-227)
This period of four months has been specified to give the husband ample time to calm himself and to
restore the relationship of his own volition. Moreover, four months is normally regarded as the maximum
period a woman can endure separation from her husband. Commentators on the Qur'an narrate the
following incident in support of this opinion: One night during his caliphate, while 'Umar was making a
round of Madinah, he heard a woman singing, The night is long, the darkness all around me; I am
sleepless, for I have no friend to play with. I swear by Allah that had there been no fear of Him, This
cot would be shaking from side to side.
Upon investigation, 'Umar found that the woman's husband had been gone on a military expedition for a
long time. He then asked his daughter Hafsah, the widow of the Prophet (peace be on him), "How long
can a woman endure separation from her husband?" She replied, "Four months." Subsequently, the caliph
of the Believers decided that he would not send a married man away from his wife for a period exceeding
four months.
Featurs of Islamic law of inheritance
3)      Inheritance is an integral part of Shariah Law and its application in
Islamic society is a mandatory aspect of the divine teaching of Islam.
Muslims inherit from each other as stated in the Qur'an:
      “4:7 There is a share for men and a share for women from what is left by
parents and those nearest related, whether, the property be small or large - a
legal share.“ [An-Nisa 4:7]
4)      When a person dies there are four rights that need to be performed his
property:
        Pay his/her funeral and burial expenses
Pay his/her debts
Execute his Will/bequest (max 1/3 of his/her property)
Distribute remainder of his/her estate/property according to Shariah Law
 
In relation to inheritance, Mohammad said:
Narrated Ibn 'Abbas: “The Prophet said, "Give the Fara'id (the shares of the inheritance
that are prescribed in the Qur'an) to those who are entitled to receive it. Then whatever
remains, should be given to the closest male relative of the deceased."” [Sahih al-Bukhari
With relates to will/bequest, Mohammad said:
Narrated Abdullah bin Umar: Allah's Apostle said, "It is not permissible for any Muslim
who has something to will to stay for two nights without having his last will and
testament written and kept ready with him." [Sahih al-Bukhari][
3) Will (‫ )وصية‬vs Inheritance (‫)ميراث‬: In Islamic Law, the inheritance from the deceased
person is defined by Shariah Law. However, a person is entitled to make his own will
for 1/3 of his wealth/assets. Hence:
A.    Inheritance: 2/3 of wealth/assets are distributed based on
Shariah Law. This is called (‫يراث‬ ‫)م‬
B. Will: 1/3 of wealth/assets are distributed based on Person’s
Will, if he chooses to write his will. This is called “Al-Wasiyyah”
Women and inheritance
In Islam, women are entitled the right of inheritance,[5] but often a woman's share of
inheritance is less than that of a man's.
In general circumstances, Islam allots females half the inheritance share available to
males who have the same degree of relation to the deceased in some (though not all)
circumstances. For example, where the deceased has both male and female children, a
son's share is double that of a daughter's. [6]Additionally, the sister of a childless man
inherits half of his property upon his death, while a brother of a childless woman
inherits all of her property.[7]
Islamic scholars hold that the original reason for this difference is the responsibilities
alloted to spouses. A husband in Islam must use his inheritance to support his family
while a wife has no support obligations. Also, men had to pay the dowry to women in
marriage while women did not have to pay anything to men.
The Qur'an does not discriminate between men and women in cases of kalalahrelation.
[10][11]
 Kalalah describes a person who leaves behind neither parents nor children; it also
means all the relatives of a deceased except his parents and children, and it also denotes
the relationships which are not through [the deceased’s] parents or children.
Role in Islamic Mathematics
The Islamic law of inheritance served as an impetus behind the development
ofalgebra (derived from the Arabic al-jabr) by Muhammad ibn Mūsā al-Khwārizmī, the
founder of algebra, and other medieval Islamic mathematicians. Al-Khwārizmī's Hisab
al-jabr w’al-muqabala, the foundational text of algebra, devoted a chapter on the
solution to the Islamic law of inheritance using algebra. He formulated the rules of
inheritance as linear equations, hence his knowledge of quadratic equations were not
required.
 
 
 
Importance of Inheritance Law in Islam
These rules of Inheritance in Islam are fundamental and mandatory part of Islamic
Shariah law and Elm (Knowledge) that are part of Elm-Faraid (‫)علمالفرأض‬, the means
“Science of Inheritance Shares”. The word al-Faraid (‫ )الفرأض‬is plural form of al-Faridah
(‫)الفريضة‬, which means something made obligatory by Allah (swt).
Learning the science of al-Faraid is obligatory on a Muslim Community and fulfill the
order of Allah (swt) with relates to inheritance.
 
_____________________
DOWER
Mahr (Arabic: ‫ ;مهر‬also transliterated mehr, meher, or mahrieh) is a gift,
mandatory in Islam, which is given by the groom to the bride uponmarriage in
Islamic cultures[1] (in contrast to other cultures' bride price, which is paid to the
bride's father). It is considered to be a form of appreciation, as well as providing
certain guarantees for the woman. It is one of the indisputable principles of
Islam that a man has no claim to the money or property of his wife, nor is he
entitled to force her to do anything for him. The earnings of a working woman
can in no way be appropriated by her husband without her consent.
FORM OF MEHR
The gift can be intangible or negligible, it can take the form of investments or
real property. The mahr may also be divided into portions, one to be given to
the bride at marriage, the other to be given to the wife if she is widowed or
divorced. It should be given according to the social status of the bride.
OBJECT OF DOWER
The object of dower is three-fold. Firstly, it would be a check on the arbitrary
exercise of the power of divorce by the husband. Secondly, it would restrain the
husband to indulge in polygamy. Thirdly, it would work as an obligation
imposed upon the husband as a mark of respect to the wife
Quranic base of dower
1)      "Give to the women a free gift of their marriage portions".(Surah
an-Nisa, 4 : 4) This means that the dower belongs to women
exclusively and it is a gift to be paid directly to them. It has
nothing to do with their fathers or brothers.   It shows that 1)
Thus, the dower is a symbol of the cordiality of the man paying
it.2) It is to be paid directly to the woman, and her parents have no
claim to it. It is not a compensation for the efforts made by them to
bring up their daughter.3) it is clear that the dower is nothing
except a present and a gift. 
2)      When Ali married Fatimah, daughter of the Apostle of Allah, he
intended to have intercourse with her. The Apostle of Allah
prohibited him to do so until he gave her something. Ali said: "I have
nothing with me, Apostle of Allah." The Prophet said: "Give her your
coat of mail." So he gave her his coat of mail, and then cohabited
with her
3)      The Qur'an says: "O Prophet! We have made lawful to thee thy
wives to whom thou has paid their dowers"-(33:50). At another
place the Qur'an says:....And there is no blame on you to marry
them when you give them their dowries"- (60:10).
IMPORTANCE OF DOWER
It is the gift given by the groom to the bride, customarily on the morning after
the wedding (hence morning gift, though all dowerings from the man to his
fiancée, either during the betrothal period, or wedding, or afterwards, even as
late as in the testamentary dowering, are understood as dowers if specifically
intended for the maintenance of the widow).
A settlement from the groom to the bride is an essential part of current
traditional Muslim marriages: a man must pay mahr to his bride. It is
considered a gift which she has to agree on. The dower can be any value as
long as it is agreed upon by both parties. When the groom gives his bride the
dower, it becomes her property. In case of a divorce, she won't have to give up
her dower unless she is the one who requested the divorce. In the latter case,
her husband may ask her to return the dower to him. However, if she has
requested the divorce due to her suffering any form of abuse, or has other
acceptable reasons for a divorce in Islamic laws (such as her husband suffering
from illness or being impotent, etc.), the current judge often will not ask her to
give the dower back to her husband.
HISTORICAL ORIGIN OF DOWER
It is said that during pre-historic times man lived a barbaric life, which had the
tribal form. For unknown reasons marriage was prohibited between a male and
a female of the same blood. Man had to choose his wife from some other tribe,
and bring her to his own tribe. As there was constant warfare among the tribes,
the only way to get a wife was to kidnap a young girl from some other tribe. 
 Gradually peace took the place of warfare and the different tribes were able to
achieve peaceful coexistence. During this period the custom of kidnapping the
girls was abolished. In order to get the girl of his choice the man went to her
tribe, became a hired worker of her father and worked for him for some time. In
consideration of the services rendered by him the girl's father gave her hand to
him and he took her to his own tribe. 
 When money became common, man discovered that instead of serving the
bride's father for years, it was better to present a suitable gift to him and take
the girl immediately. That was the origin of the dower (mahr). 
PHILOSOPHY BEHIND DOWER
The dower has come into being as the result of skilful arrangements, put into
the very design of creation, to balance the relations between man and woman.
The dower has come into being, because, by nature, the respective roles of man
and woman are different from each other. The dower is closely related to
woman's modesty and chastity. She knows by instinct that her self-respect
demands that she should not submit herself freely as before islam it is well
known fact that they used to be buried alive for the simple fact of being a
woman.
 It is said that among some barbaric tribes, when a girl had more than one
suitor, she used to persuade them to fight a duel. Whoever won the duel or
killed his rival was considered fit to secure the hand of the girl. 
SALIENT FEATURES OF ISLAMIC LAW OF DOWER
DEFINITION
It is a sum of money or other property which wife is entitled to receive from the
husband in consideration of the marriage. In Simple words, it is a financial
gain which she is entitled to receive from husband due to marriage contract
whether named in the contract of marriage. It is a right which comes into
existence the moment of contract is entered into. It is a debt payable to wife
and she is within her legal right to even press for its payment.
Specified dower :-
Husband can settle any amount by way of dower even if the said amount is
beyond his means and though nothing may be left to his heirs after payment of
the amount but, he can't settle it less than ten dirhams. If there is one amount
stated in public for the glorification of the bridegroom which is much higher
than the real amount settled in private , then in case of conflict between them
the one is settled in real term should be allowed. If  husband transfers  a field
in his wife’s name by way of dower she is entitled as against him for the
possession thereof.
Dower may be fixed after marriage.
It can be fixed either before or at the time of marriage or after marriage and can
be increased after marriage. To some jurist the minimum amount of must be
10 dirhams although,  The Prophet (PBUH) did not fix any minimum:
According to the well reported Traditions of the Prophet of Islam, even a
handful of barley or dates or even an iron ring may be sufficient provided the
bride agrees to accept it. The Messenger of Allah himself married Hazrat
Safiyyah and her emancipation was her dower.
Whether contract of dower can be made by father of minor son
A contract of marriage made by father of minor son regarding dower for his wife
made during his period of minority is binding on the son.
Proper dower
If no amount of dower is fixed wife is entitled to proper dowe know as mehr
misl even if there is an express agreement that she wouldn't claim any amount
by way of dower. While considering what is proper factor like dower amount
settled upon other female members of her father family such as fathers’ sister.
Marina Jatoi Versus Nurudin Jatoi
Muslim married Christian woman in England before the Registrar there. She
was divorced by the husband , the controversy went to the Supreme  Court of
Pakistan  wherein the Court held that the husband would be entitled to divorce
her by way of talak and the wife would also be entitled to claim dower
notwithstanding, the fact that no dower was fixed  initially at the time of
marriage. The dower in such like cases was considered as mahr-ul-misal i.e.
dower which would be paid to the woman of similar status and circumstances.
Specified Dower Rights
In most of Muslim marriage cases, the amount of dower is fixed at the time of
marriage contract. The wife is entitled to recover such amount immediately
before sexual intercourse and it is called specified dower. The Muslim marriage
partners may agree to increase the specified dower even after marriage. The
additions shall become specified dower in all its applications.
Where a part of the specified dower is unlawful like wine etc, only the lawful
part of the dower shall be payable.
 
Confirmation of dower
It is confirmed in function ways
1)     By consummation of marriage :- the reason being that it is
amount paid in return of such consumtion so as to foster a sense
of importance to woman as prior to Islam she was considered of
inferior status.
2)     By a valid retirement also known as khilwat sahia.
3)     By the of either husband or wife
 
According to shia law dower is confirmed by consumation or death of husband
or wife and not by valid retirement. If the husband divorces wife . Before
consumation the dower is reduced to half but, if the husband dies before
consumation the full dower is payable
Prompt Dower
The Muslim marriage laws allow a division of the dower in two parts; prompt
and deferred. When the parties agree to make a part of dower prompt and other
part as deferred, the dower shall be paid as per division.  Prompt dower
becomes payable as soon as the marriage contract is made and it is payable
when demanded by the wife. That is the reason that it is called prompt.
Sometimes the wife does not demand the prompt dower till dissolution of
marriage or death of husband but this does not stop her to demand the same
whenever she wants. A wife can claim her prompt dower even without living
with her husband or allowing him to enter in conjugal relations. Furthermore,
when a prompt dower is not paid on demand the wife has right to refuse to live
in conjugal domicile. She is entitled to realize it at any time before or after
consummation of marriage. Her right of prompt dower can't be refused on the
ground that he is denied society by wife.
Deferred Dower
The deferred dower becomes payable on termination of marriage either by
death of husband or divorce. However, it does not become payable merely on
demand of the wife. The dower is like a debt and binds the property of the
husband not only during his life but also after his death.
Remission by wife
A wife can remit dower or any part thereof in favor of husband or his heirs even
though made without consideration. But such act must have been made by
wife she can exercise freely when she is not in distressed state of mind.
--

DEFINITION OF WAKF
Wakf as well as its plural form awqaf, literally mean ‘detention’, but the main characteristic of
the concept is the unconditional and permanent dedication of property in the name of Allah for
the benefit of the people for a good purpose whether religious, pious or charitable. ‘Waqf' means
a permanent dedication by a person professing Islam of any movable or immovable property
for any purpose recognized by the Muslim Law as pious or charitable and includes:
 
ESSENTIALS OF WAKF
 
Wakf has to be a permanent endowment in perpetuity.
It cannot be either contingent or revocable.
No instrument in writing is required to create a wakf. An oral dedication can as well
create a wakf.
Neither delivery of possession nor appointment of mutawallis is required. But the
subject of wakf must be clearly defined.
A wakf can also be made by a will or by long user.
Any muslim who has attend majority and is of sound mind can make a wakf .A minor
or his guardian as on behalf of the minor cannot make a wakf. Again,a wakf cannot be made for
an illegal object. for creation of wakf it is not necessary that the settler should be a Muslim. Any
non-Muslim can also create under the Muslim law a wakf provided the object of the wakf is one
which is recognized by Muslim Law as pious, religious or charitable and his own religion treats
the object in the same manner
 
A wakf nama by which immovable property of value of Rs.100 as more is dedicated by
way of wakf requires registration.
The property which is either capable of being used without being consumed or which is
though consumable in itself but is capable of being converted into property of a permanent
nature can form the subject matter of a wakf.
A wakf can be created for any purpose which is considered religious,pious, or charitable
by the Mohammadan law.
Any wakf created with the object of obtaining the approval of the almighty or a reward
in the next world is pious as per Mohammadan law.
Few instances of a pious or a religious purpose may be mosques, provisions for imams,
colleges, bridges, assistance to poor people to perform pilgrimage toMecca, and distribution of
alms to the poor.
Wakf may be made for the rich as well poor people alike or for the affluentand thereafter
for the poor or for the poor people alone. All persons regardless of their financial status can be
made beneficiaries of a wakf.
Even family members and descendents of the wakif, that is the person creating the wakf,
can be made beneficiaries. Under Hanafi law, the wakifhimself can also be a beneficiary.
Objects of wakf :- Following are considered as being pious and religious purposes.
1) Mosques 2) Colleges  3) distribution of alms for poors 4) celebrating birth of Ali Murtaza 5)
repairs of imam bargahs 6) performance of annual fateh of settlers 7) Maintenance of poor
relations and dependents,
 
KINDS OF WAKFS
Broadly speaking wakfs can be of two kinds: Public and private. But the most accepted is its
three-fold classification -- public, quasi-public and private.
Public trusts are those which are dedicated to the public at large having no restriction of any
kind regarding its use, e. g., bridge, well, road, etc.
Quasi-public wakfs are those, the primary object of which is partly to provide for the benefit of
particular individuals or class of individuals which may be the settler's family, and partly to
public, so they are partly public and partly private.
Private wakfs are those which provide benefit to private individuals, including the settler's
family or relations. Such a wakf is termed as wakf-alal-aulad. The Mutawalli manages the wakf
but he cannot alienate the property. He is, however, more than a manager or superintendent, as
he [does] not hang on the pleasure of anybody else or to anybody.
CREATION OF WAKF
There is no essential formality or the use of any express phrase or term requisite for the
constitution of wakf. The law looks to the intention of the donor alone. Where a dedication is
intended, the law will give effect to it in whatever language it may be expressed or in whatever
terms the wish may be formulated.
It is not necessary that a wakf should be made in writing. All that is necessary in constituting a
wakf is that some sort of declaration, either oral or in writing must be made. Though oral wakf
is permitted yet when the terms of a wakf are reduced into writing, no evidence can be given to
prove the terms except the document itself or secondary evidence of its contents, when it is
admissible.
Where a wakf deed is executed, it must comply with the provisions of the Registration Act.
Thus, a wakf deed of immovable property of Rs. 100 or upwards would require registration.
IN WHOSE FAVOUR WAKF CAN BE MADE
Poverty is one of the many qualities that are recognized as being capable of attracting the
benefit of a wakf, but it is by no means a •sine qua non'. Therefore, all persons. regardless of
consideration of wealth, are entitled to come in as beneficiaries. Nevertheless, it is perfectly
correct to say that when all other purposes fail, the relief of the poor is the ultimate purpose of
every wakf.' The possible beneficiaries may be:
(1)   the wakif himself (only in Hanafi Law),
(2)   the family and  descendants of wakif,
(3)   (3) [the] general public.
OTHER FORMALITIES
(A) DECLARATION, i.e. declaration of endowment and delivery of possession to the Mutawalli are
essentials of a wakf. When the first Mutawalli happens to be wakif himself, a mere declaration is sufficient to
constitute a wakf. Where the wakif after creating a bonafide wakf treats the wakf property as his own and commits
certain wrongful acts in pursuance of this notion, these acts will only amount to a breach of trust and would not in
any way affect the validity of the wakf
(B) DELIVERY OF POSSESSION, i.e. According to Abu Yusuf a dedication of wakf is
complete by [a] mere declaration. Neither delivery of possession nor appointment of Mutawalli
is essential. Dedication by way of a wakf is completed when the wakif makes a dedication in
good faith with a real intention of divesting himself of the ownership of the property which he
intends to dedicate:
(1) If he nominates another person as Mutawalli such [an] intention is ordinarily evidenced by
delivery of the wakf property to himself or Mutawalli; the failure to deliver needs at least some
explanation : want of such [an] intention may be inferred if there is no explanation.
(2) The fact that no person is nominated as Mutawalli does not necessarily show a want of such
[an] intention; it may be presumed (in proper cases that the wakif himself intended to act asa
Mutawalli

(c) APPOINTMENT OF MUTAWALLI.  It was not necessary to transfer the property

from his name as owner into his name as Mutawalli. The mere delay in transferring possession
or getting the name mutated could not have invalidated the wakf.
Under Shia law the possession has to be delivered to the first person in whose favor the wakf
has been made. In the case of a public wakf, a Mutawalli  must be appointed to the possession
ILLUSORY WAKFS
A dedication cannot be validly made so as to defeat or delay the rights of creditors and a
dedication having such effects may be avoided by any creditor whose rights are defeated or
delayed.
It is up to the persons challenging a wakf to show that the wakf,  even though formally declared,
was never intended to be acted upon
In Mst. Bibi Kubra v. Jainandan (AIR 1955 Pat. 270) it was held that where a wakif who was
greatly indebted created two wakf' without making any provision for the payment of his debts
and the two deeds of wakf were with the intention to defeat or delay his creditors, the transfer
was declared void as being against his creditors.
CONTINGENT OR CONDITIONAL WAKFS
When the creation and validity of a wakf are subjected to a contingency, it becomes void. For
example, if the wakf is made contingent on the death of a person without leaving children, it
will be void. Similarly if a Muslim lady creates a wakf for herself and her children, and provides
that the children should take possession of property on attaining majority, and in the event of
her death without leaving children, the wakf income should be devoted to certain religious
usages, it was held that the wakf was void, as it depended upon a contingency, namely, the
event of her death without children.
The wakf should also not be conditional. Thus, if a condition is imposed that when the property
dedicated is mismanaged, it should be divided amongst the heirs of the wakf,or that the wakif
has a right to revoke the wakf in future, such [a] wakf would be invalid.
In [the] case of a conditional wakf, it depends upon the wakif to revoke the illegal condition and
to make the wakf valid, otherwise it would remain invalid
WHAT IS WAKF UL AULAD
The special features of wakf-alal-aulad is that only the members of the wakif’s family should, be
supported out of the income and revenue of the wakf property. Muslim Law treats both public
and private wakfs alike. Like other wakfs, wakf alal-aulad is governed by Muhammadan Law,
which makes no distinction between the two either in point of sanctity or the legal incidents
that follow on their creation. Both are in the eye of the law, Divine property and when the rights
of the wakif are extinguished, they become the property of God and the advantage accrues to
His creatures. Both types ofwakf are created in perpetuity and the property becomes inalienable.
Like the public wakf, a wakf-alal-aulad can [under] no circumstances fail, and when the line of
descendant becomes extinct, the entire corpus goes to charity .
OTHER VALID OBJECTS
Mosque :- In order to consecrate a mosque it is not sufficient merely to construct it, but:
(1)   the building must be separated from the other properties of the wakif  ;

(2) a way must be provided to the mosque,

(3) either public prayers must be said or possession must be delivered to the Mutawalli. if the
lower storey be mosque end the upper storey a dwelling, the former continues to be a mosque
for ever.
In a leading case, Mr. Justice Mahmood observed that a mosque cannot be restricted to the
followers of a particular school or sub-school. A mosque, being dedicated to God, is for the use
of all Muhammadans and cannot be lawfully appropriated to the use of any particular sect.
Fatawa-i-Alamgiri also lays down that if a masjid is reserved for the people of particular locality
or sect. the reservation is void and every Muslim without any regard to sect or locality can say
his prayers there. Property may be endowed in favour of an existing mosque for its upkeep,
maintenance or repairs with the provision that in case the said mosque is not in need of money,
it may be spent for the poor and needy, so also where there are more than one object and [if]
one of them fails, the whole benefit will be applied to mosque, if it was one of the recipients of
the benefits till then
GRAVEYARD
Land dedicated for use as a public graveyard is a wakf property, a graveyard is inalienable even
after it has been closed by [a] municipality. And a land dedicated for a graveyard will always
remain a graveyard, even if it has fallen into decay and even if traces of the dead are not left. A
dead [person] once buried cannot be exhumed. If a house is built on an obsolete graveyard, the
Muslim community has a right to get it demolished as it would be in contravention of the
original purpose of dedication. If, however, only a temporary hut is built, it will not amount to
[a] breach of wakf.
DOCTRINE OF CYPRESS
There can be wakfs whose income cannot be applied to the desired objects because of [a] change
of circumstances, or lapse of time, or for any other reason. In such cases the courts may apply
their income to similar objects, as nearly as possible to the original one. This is known as [the]
Cypres doctrine. In the famous In Morrice v. Bishop of Durhan, a leading case on charities
in England, it was held that a bequest for uncertain and vague objects was invalid. This is  not
applicable to trusts or consecrations under the Mohammadan Law. For the Cypres doctrine is
carried to the utmost limit in the Moslem system, and the failure of the original purpose does
not in any case cause the failure of the wakf." In the absence of explicit directions on the part of
the wakf, the Judge has the power of framing a scheme by himself or in consultation with the
beneficiaries, for the administration of the wakf. where the dedication is to [a] religious or
charitable institution, which, in [the] course of time, ceases to exist, the property so dedicated,
instead of reverting to the grantor or his heirs, would be applied ... to some other religious or
pious institution, similar in character to the one which has failed, or to any other object by
which benefit may accrue to human beings. once it is clear that there is a bonafide intention on
the part of wakf to create a wakf and to divest himself completely of the property, a
good wakf has been created which will not be allowed to fail. A valid wakf may thus be
constituted in cases:
(a)   where the objects are not specified at all;
(b)   where the objects fail as impracticable; and 
(c)    where the objects are partly valid and partly not valid.
The Cypres doctrine aims at a judicial determination of a particular purpose to which the trust
fund shall be applied and which is as near to the settlor's s intention as possible. Under Islamic
Law there is no provision or machinery for such [a] determination. It is assumed as a basic
principle that the ultimate purpose of a wakf is charitable and, therefore, the appropriation of
the benefit of the wakf to the poor is a fulfillment of this purpose. Since the benefit of the poor is
considered to be a residuary charitable object of a wakf, there is no necessity for a close scrutiny
of the settlor's intention and careful construction of the trust instrument, as is required under
the Cypres doctrines.
 
 
HISTORY OF WAKF
The history of wakf began right in the time of Prophet Muhammad when the very first mosque
and Islamic centre was built by the Prophet in Medina in the first year of Hijrah. The Prophetic
Mosque or Masjid al-Nabawi, was built on a parcel of land belonging to two orphans. In spite of
the Prophet’s insistence to pay for the land, the orphans refused to accept the price from the
Prophet but said they would take it from Allah in the next world. During the lifetime of our
Prophet several other wakfs were established for the welfare of the public. For example,
Hazarath Uthman, who later became the third Caliph, bought a well and dedicated it for the
charitable use of all the people in that area in order to relieve Muslims of the difficulties
imposed by Jews who banned Muslims from drawing water from a well belonging to a Jew.
Historically, the origin of wakf is traced to the prescriptions of the Prophet
Omar had acquired a piece of land in (the canton of) Khaibar and proceeded to the Prophet and
sought his counsel to make the most pious use of it, (whereupon) the Prophet declared, "Tie up
the property (asl-corpus) and devote the usufruct to human beings that it is not to be sold or
made the subject of gift or inheritance; devote its produce to your children, your kindred and
the poor in the way of God." In accordance with this rule Omar dedicated the property in
question as wakf which continued in existence for several centuries until the land became
waste.
 
Quranic support
The Quran contains no reference to wakf but it abounds in injunctions in the matter of charity,
"And in their wealth the beggar and the outcaste had due share." (Surah 51, Ver. 19) 
"They ask thee (O Muhammad) what they shall spend, say; that which ye spend for good (must go) to parents and
near kindred and orphans and the needy and wayfarer. And whatever good ye do, to I Allah is Aware of it." (Surah
2, Ver. 215) 
 
Comparisons with English trust law
The waqf in Islamic law, which developed in the medieval Islamic world from the 7th to 9th
centuries, bears a notable resemblance to the English trust law.[2] Every waqf was required to
have a waqif (founder), mutawillis (trustee), qadi (judge) and beneficiaries.[3]Under both
a waqf and a trust, "property is reserved, and its usufruct appropriated, for the benefit of specific
individuals, or for a general charitable purpose; the corpus becomes inalienable; estates for life
in favor of successive beneficiaries can be created" and "without regard to the law
of inheritance or the rights of the heirs; and continuity is secured by the successive appointment
of trustees or mutawillis."[4]
The only significant distinction between the Islamic waqf and English trust is "the express or
implied reversion of the waqf to charitable purposes when its specific object has ceased to exist"
though this difference only applied to the waqf ahli (Islamic family trust) rather than the waqf
khairi (devoted to a charitable purpose from its inception). Another difference was the English
vesting of "legal estate" over the trust property in the trustee, though the "trustee was still
bound to administer that property for the benefit of the beneficiaries." In this sense, the "role of
the English trustee therefore does not differ significantly from that of the mutawalli..
The trust law developed in England at the time of the Crusades, during the 12th and 13th
centuries. The trust was introduced by Crusaders who were influenced by thewaqf institutions
they came across in the Arab World.
 
 
_____________________
DEATH - BED - GIFT : (MARZ-UL-MIAUT)
When a person creates/makes a gift out of an apprehension (fear) of imminent death and dies
later, it is called "Death-Bed-Gift". In other words, if a person makes a gift during illness and
dies later, it is called Death-Bed-Gift or Matz-UI-Maut. It is subject to two restrictions: (i)
disqualification of heir; and (ii) property disposed of should not exceed 1 /3 of the net assets.
These restrictions may be relaxed with the consent of the heirs. With regard to the restrictions of
making a death-bed-gift by a Muslim, the rules with regard to disposition to the extent of 1/3 td'
net assets (after meeting debts and funeral expenses of testator) and also to obtain the consent of
other heirs
The Death-Bed-Gift is valid only when the donor dies of illness during which the giftwas made.
Essentials of Death-Bed-Gift (Marz-U1-Maut):
I . There must he an apprehension as to immediate death.
2. To effect the transfer of property, by way of gift in anticipation of death.
3. Mere apprehension of death as to old age is not sufficient.
DONATIO MORTIS CAUSA 
In English Jurisprudence it is known as Donatio Mortis Causa  and it is
created Where a man lies in extremity, or being surprised with sickness, and
not having an opportunity of making his own will; but lest he should die before
he could make it, he gives with his own hands his goods to his friends about
him: this, if he dies, shall operate as a legacy; but if he recovers, then does the
property revert to him".
ESSENTIAL
There are three essential elements that must be present for a transfer of
property to be classified as a donatio mortis causa (1) impending death from
an existing peril, (2) delivery of the subject matter; and (3) the gift is only to
take effect upon death and will revert to the donor  should he/she recover.
The donor of a donatio mortis causa may revoke the gift at any time before
death. The gift is conditional until the donor dies. The essence of a donatio
mortis causa is that the property will revert to the donor if the imminent death
does not occur."
Such a gift is exempted from the estate of the deceased, as it no longer belongs
to the deceased at the moment of death as it is deemed to have been
transferred retroactively, from the moment the gift was made.

_____________________
NIKAH MUT‘AH
Nikāḥ al-Mut‘ah (Arabic: ‫المتعة‬ ‫نكاح‬ marriage for pleasure), or sigheh(Persia), is a
fixed-term marriage contract according to the Usuli Shiaschools of Shari‘a (Islamic
law). The duration of this type of marriage is fixed at its inception and is then
automatically dissolved upon completion of its term.
Nikah mut‘ah as a fixed-term form of marriage is not mentioned in the Qur'an.
The only mention of Islamic marriage is that of nikah itself. However, most
commentators, both Sunni and Shi'ah, have related numerous traditions
stating that the following verse was revealed regarding nikah mut'ah:
Also forbidden are married women unless they are captives (of war). Such is the decree
of God. Lawful for you are women besides these if you seek them with your wealth for
wedlock and not for debauchery. Then give those of these women you have enjoyed the
agreed dower. It will not be sinful if you agree to something (else) by mutual consent
after having settled the dowry. God is certainly all-knowing and all-wise. [Qur'an 4:24]
JUSTIFICATION
1)       It is used in modern times when people move from one place to
another, such as from one country to another. Thus students, workers,
scholars are allowed to fulfil their sexual and emotional needs if they are
in another country. It may lead to permanent marriage afterwards.
2)       It may be used to satisfy one's sexual needs. There are no
requirements of having a witness, a written contract or permission from
authorities (Although some people might prefer to complete the contract
in the presence of a learned Muslim).
3)       It may be used to become mahram "unmarriable" with somebody with
whom they do not intend to cohabit or have a married relationship, but
with whom they spend a lot of time (for example, share a house). In order
to ease the hijab "modest dress" rules, they engage in a nikah al-Mut‘ah,
specifying in the marriage contract that no physical contact is allowed.
4)       Two people who live under the same roof but are not mahram(un-
marriable) and must observe hijab may engage in a symbolicnikah al-
mut‘ah with the others' offspring for a minimal amount of time (two
minutes or less). The Nikahu’l-Mut‘ah does not need to have any practical
consequence, but it will make the parent and the offspring's husband or
wife permanently mahram to each other, and thus no longer obliged to
observe hijab rules.
5)       Young unmarried couples may decide to use nikahu l-Mut‘ahas a
permissible alternative to zina. Thus in practice they engage in something
very similar to western relations (that is, there is the potential of
permanent marriage), but it differs in that there is a specified time as to
how long the relationship is to last, with the possibility to prolong that
period.
RULES
Nikah al-Mut‘ah resembles a nikah ("permanent marriage") in many, but not all,
aspects. It commences in the same way as a Nikah except that a date of
expiration for the marriage is added to the marriage contract and the wife has
her rights restricted to some extent. The duration is decided by the couple
involved. There are no restrictions about minimum and maximum duration. If
the period is longer than what can be reasonably expected to be a lifetime, it
will transform into a nikah.
During the period of the marriage, the couple are considered husband and
wife, just as in a permanent marriage. At the expiration, the marriage is voided
without undergoing a talaq "divorce". In case ofsexual intercourse, the woman
must observe the iddah "waiting period" before she can marry anyone
else. Nikah al-Mut‘ah is consideredmustahab (recommended) by the Shia. The
Shia also regard it asmustahab (recommended) to extend the marriage or to
transform it into a permanent one.
How does it differs from permanent marriage
1)     The marriage is agreed upon to be voided after a pre-set
time. This permits the couple to expect and prepare emotionally for
the end of the marriage.
2)     No divorce is necessary. In Shi‘a fiqh ("jurisprudence"), a divorce
is viewed as a complex process involving mediators [citation needed] and a
period aimed at giving the couple the chance to reconcile. This is
not necessary inNikahu’l-Mut‘ah, since the marriage does not end
due to disharmony but due to the preset time being reached.
3)     The husband may void the Nikahu l-Mut‘ah earlier than
agreed. If he does and they have had sexual intercourse, he must
give her full mahr "bride gift". If they have not had intercourse, he
must give her half that amount, though therecommended
precaution is that he should give her fullmahr.
4)     The couple do not inherit from each other. Since the marriage is
not permanent, the couple is not considered a single, merged unit
5)     The husband is financially responsible for any children resulting
from the marriage.
6)     The wife may leave her house against her husband's will
7)     The husband need not pay for the wife's expenses
8)     It is permitted to marry a woman from Ahl al-Kitab"People of the
Book" (followers of monotheistic religions).
9)     The wives are not counted toward the maximum of four.Since the
husband is not required to support the wife, and the marriage is
not permanent, the circumstances leading to the restriction of
having no more than four wives does not apply. However, many
Shi‘a scholars have ruled that one cannot take more than four
temporary wives
10)                        Nikahu l-Mut‘ah can be used exclusively for the aim of
having sex
SIMILARITIES BETWEEN NIKAH AL-MUT‘AH AND NIKAH
1)      The woman might require the consent of her wali ("Legal Guardian") if she is a
virgin.
2)      A contract is engaged when entering the marriage. Shi‘a believe that the marriage
contract does not require having witnesses, a written contract or permission from
authorities.
3)      The woman observes iddah at the end of the marriage That is, she must wait before
remarrying - but only if she had sexual intercourse
4)      Shias requires no witnesses, or permission from authorities to enter a marriage ref
5)      Men are not allowed to marry women of non-Monotheistic religions, and women can
only marry Muslims
QUR'ANIC ORIGIN
Some Muslims believe that this institution was established by God through Muhammadin
the Qur'an. Its single mention in the Qur'an is verse 4:24.
The prominent Sunni exeges ibn Kathir states in his Tafsir:
Arabic: ً‫ضة‬َ ‫فَ َما ا ْستَ ْمتَ ْعتُ ْم بِ ِه ِم ْنه َُّن فَـَاتُوه َُّن أُجُو َره َُّن فَ ِري‬
"Then give those of these women you have enjoyed the agreed dower" was revealed on
the subject of the mut‘ah marriage. A mut‘ah marriage is a marriage that ends upon a
predetermined date.Tafsir ibn Kathir Sunni site.
SUNNI MARRIAGE OF MISYAR
Sunnis can perform a type of marriage called misyar. While Sunnis do not believemisyar is
comparable to Nikah Mutah because the difference is that the Shi'a Mut'ah marriage is based on
a contract with a fixed date of expiry. In contrast, the Sunni misyar marriage is marrying a
woman who lives in foreign country often visited by the husband for prolonged periods of time
and that the marriage is treated as a regular marriage so there is no specified date for the
marriage to end.
 
 CONTROVERSIAL AND DIFFERENCE OF OPINION
This topic is controversial in the Muslim world. Twelver Shia deem it as a
blessing revealed in the Qur'an intended to make everyday life easier,
while Sunnis and other Shia condemn the practice, disputing its presence in
the Qur'an, and adducing that Muhammad never prescribed it and he himself
never practiced it.
 
__________________________
ISLAMIC SCHOOLS OF THOUGHT
By the term islamic schools of thought  are meant major schools of interpretation of islamic law.
There are four major islamic schools of thoughts namely :-
1) Hanafi :-The Hanafi (Arabic ‫ )الحنفي‬school is the oldest of the four schools of
law(Madhhabs) or jurisprudence (Fiqh) within Sunni Islam. The Hanafi madhhab is named
after its founder, Abu Hanifa an-Nu‘man ibn Thābit (Arabic: ‫( )النعم ان بن ثابت‬699 - 767CE /89 -
157AH), and his legal views were preserved primarily by his two most important disciples, Abu
Yusuf and Muhammad al-Shaybani. The latter's works, known collectively as zāhir al-riwāya,
remained authoritative for later Hanafis.
Over view
Among the four established Sunni schools of legal thought in Islam, the Hanafi school is the
oldest, Abu Hanifa was the first to systematically arrange and compile Islamic law. A unique
feature of the school is the method in which the law was codified: Abu Hanifa would convene
and preside over a board of jurists (consisting of about 40-50 of his own students) and each
would give his own opinion on a particular legal issue, Abu Hanifa would then decide which is
the opinion that is to be selected by corroborating it or sometimes would offer his own unique
opinion. The Hanafi school also has the most followers among the four major Sunni schools.
(Both the Ottoman Empire and theMughal Empire were Hanafi so the Hanafi school is still
widespread in their former lands). The other three schools of thought are Shafi'i, Maliki,
and Hanbali. Today, the Hanafi school is predominant among the Sunnis of Central
Asia, Afghanistan, Pakistan,Bangladesh, India, China as well as
in Iraq, Syria, Turkey, Albania, Bosnia, Kosovo,Macedonia in the Balkans and the Caucasus. It
is also found in large numbers in other parts of Muslim world. Hanafi school was also one of the
widespread schools beside Shaf'i school in Iran, especially in Khorasan, before 1500.
 Sources and Methodology
The sources from which the law is derived, in order of importance and preference are:
the Qur'an, the authentic narrations of the Prophet (Hadith), Consensus (ijma) and analogical
reasoning (qiyas), qiyas only being applied if direct material cannot be found in the Qur'an or
Hadith. As the fourth Caliph, 'Ali, had transferred the Islamic capital toKufa and the fact that
many of the companions of the Prophet had settled there, the Hanafi School had based many of
its rulings on Prophetic narrations (Hadith) transmitted by companions residing in Iraq, thus it
came to be known as the Kufan or Iraqi school in earlier times. Hence 'Ali ibn Abi Talib and
'Abdullah ibn Mas'ud formed much of the base of the school, as well as other personalities from
the household of the Prophet with whom Abu Hanifa had studied such as Muhammad al-
Baqir, Ja'far al-Sadiq, and Zayd ibn 'Ali. Many jurists and Hadith transmitters had lived in Kufa
including one of Abu Hanifa's main teachers, Hammad ibn Sulayman.
2) Hanbali (Arabic: ‫حنبلى‬ ) is one of the four schools (Madh'habs (rites) of Fiqh orreligious
law within Sunni Islam (the other three being Hanafi, Maliki and Shafi`i). The jurisprudence
school was started by the students of Imam Ahmad bin Hanbal (d. 855). Hanbali jurisprudence
is predominant among Muslims in the Arabian Peninsula, although students of Islam
throughout the world study and may choose to observe its conclusions about Islamic practice.
Ahmad’s Five Basic Juristic Principles
Despite being noted as exceptional jurist, Imam Ahmad detested that his opinions be written and
compiled, fearing that it may swerve his students away from studying the sources of Law,
the Quran and the Sunnah. Yet, according to Ibn al-Jawzi, God knew the sincerity in his heart
and raised around him faithful students who would record his opinions, such that an independent
school of jurisprudence and theology was formed and attributed to Imam Ahmad.
Imam Ahmad sought to employ exceptional caution while formulating juristic opinions and
issuing verdicts, and would frequently warn his students against speaking in a matter in which
they had no reputable predecessor. This approach of prudence is demonstrated in the thought
process applied by Ahmad in extrapolation of laws from the divine sources, which is as follows:
1) Divine text (the Quran and the Sunnah) was the first point of reference for all scholars of
jurisprudence, and in this, Ahmad was not an exception. Whenever he noticed a divine textual
evidence for an issue, he never referred to other sources, opinions of the Companions, scholars or
resorted to analogical deduction (Qiyas).
2) Verdicts issued by the companions were resorted to when no textual evidence was found in
the Quran or the Sunnah. The reasons for ranking the verdicts of the Companions after the Quran
and the Sunnah are obvious: The Companions witnessed the revelation of the Quran, and its
implementation by Muhammad, who advised the Ummah to adhere to the rightly-guided caliphs,
hence, the companions ought to have a better understanding than the latter generations.
Imam Ahmad, would likewise, never give precedence to a scholarly opinion or analogical
deduction (Qiyas) over that of the Companions’, to the extent that if they were divided into two
camps over an issue, two different narrations would similarly be documented from Imam
Ahmad.
3) In a case where the companions differed, he preferred the opinion supported by the divine
texts (the Quran and the Sunnah).
4) In instances where none of the above was applicable, Ahmad would resort to themursal Hadith
(with a link missing between the Successor and Muhammad or a weak hadith. However, the type
of weak Hadith that Ahmad relied on was such that it may be regarded as fair hadith due to other
evidences (Hasan li Ghairihi), not the type that is deemed very weak and thus unsuitable as an
evidence for Law. This was due to the fact that, during his time, the Hadith was only categorised
into ‘sound’ (sahih) and ‘weak’ (da’if). It was only after Ahmad, that al-Tirmidhi introduced a
third category of ‘fair’ (hasan).
5) Only after having exhausted the aforementioned sources would Imam Ahmad employ
analogical deduction (Qiyas) due to necessity, and with utmost care.
Imam Ahmad’s doctrine could be summarised as follows:
1. He would believe in the description that Allah gave to himself in the Quran, or inspired
Muhammad with, affirming such at heir face value (Dhahir), while generally negating any
resemblance between the Creator and the creation.
2. He would vigorously reject negative theology (Ta’til), as well as allegorical exegesis (Ta’wil),
with respect to belief in Allah, which was heavily employed by the Jahmitesand Mu’tazilities.
3. He believed that Allah Speaks with letters and sound, for he believed every word and letter of
the Quran to be the word of Allah, uncreated.
4. He believed that Allah is High above and distinct from His creation.
5. He believed that Allah is all Knowing, All Wise, All Power and All Able, and that Allah has
His own Will, He Does what He likes out of His Wisdom. Whatever Allah has Written and
Decreed upon His creation, must come to pass. Nothing leaves His knowledge, or happens
without His Permission or Will.
6. He believed that Allah becomes Pleased when obeyed and Displeased when disobeyed.
7. He held that the sinners amongst the Muslims are under the threat of Allah's punishment; that
if He wishes He may Punish them or Forgive them; Contrary to the Khawarij. He would not
declare a Muslim to be a disbeliever (Kafir) on account of his sins, nor would he exclude actions
from Iman unlike the Murji'a.
8. He believed in the miracles that occurred at the hands of the Awliya' (pious Muslims) as a
favour from Allah.
9. He believed that Abu Bakr is the best of the companions, followed by Umar, then the six
companions chosen by the latter as Ashab al-Shura (members of Shura council):Uthman, Ali, al-
Zubair, Talha, Abd-al-Rahman ibn Awf and Sa`ad ibn Abi Waqqas; followed by the fighters
of Badr from the emigrants (Muhajirun) and then the helpers (Ansar).
10. He prohibited discussions on the differences between the companions or dislike of any of
them; for the honor of companionship with Muhammad is sufficient a virtue to rank them higher
than the entire Muslim Ummah until the end of time.
11. He would look down upon discussing in detail the attributes of Allah, instead choosing a
simple position of "Affirm them without attributing human characteristics", as to not lose sight
of what is important...i.e. good deeds
3) Mālik ibn Anas ibn Malik ibn 'Āmr al-Asbahi (Arabic ‫( )مالك بن أنس‬c. 711 - 795) (93 AH -
179 AH ) is known as "Imam Malik," the "Sheikh of Islam," the "Proof of the Community," and
"Imam of the Abode of Emigration." He was one of the most highly respected scholars
of fiqh in Sunni Islam. Imam Shafi, who was one of Malik's student for nine years and a
scholarly giant in his own right, stated, "when scholars are mentioned, Malik is like the star
among them." The Maliki Madhab, named after Malik, is one of the four schools of
jurisprudence that remains popular among Muslims to this day.
Malik practiced extreme care in regard to narrating Hadith, saying, "I do not accept knowledge
from four types of people: (1) a person known to be foolish, even though others may narrate
from him, (2) a person involved in committing heresy and calling others towards the innovation,
(3) a person who lies in regular conversation, even though I do not accuse him as liar in regard to
Hadith, (4) and a person who is pious worshipper or scholar, but does not properly and correctly
memorize what he narrates."
Golden Chain of Narration
Imam Malik's chain of narrators was considered the most authentic and called Silsilat ul-
Zhahab or "The Golden Chain of Narrators" by notable hadith scholars includingImam Bukhari.
[7]
 The 'Golden Chain' of narration (i.e., that considered by the scholars of Hadith to be the most
authentic) consists of Malik, who narrated from Nafi', who narrated from ibn Umar, who
narrated from Muhammad.
Views
1)      Malik nevertheless showed hesitancy in issuing religious verdicts explaining in one
of his more famous statements that: The shield of the scholar is, 'I do not know,' so if he
neglects it, his statement is attacked
2)      Malik was vehemently opposed to any forms of bid'ah and even directed others not to
extend the Islamic greeting of Salam to the people of bidah,
3)      Malik sternly prohibited theological rhetoric and philosophical speech, frequently
referred to as kalam.[12] Malik believed that Kalam
4)      Malik stressed that those who harbor rancour in their hearts toward theCompanions
of Prophet Muhammad or find fault with them shall have no right to share war
booty with the Muslims
 
Controversy
Despite his reluctance to render religious verdicts, Malik was outspoken. He issuedfatwas against
being forced to pledge allegiance to the Caliph Al-Mansur, and was punished via flogging for his
stance. Al-Mansur apologized to Malik, and offered him money and residence in Baghdad, but
Malik refused to leave the city of ProphetMuhammad. Later, Harun al-Rashid asked Malik to
visit him while Harun was performing the hajj. The Imam refused, and instead he invited the new
caliph to his class.
4) The Shāfi‘ī madhab (‫ )شافعي‬is one of the four schools of fiqh, or religious law, withinSunni
Islam. The Shāfi‘ī school of fiqh is named after its founder, Imām ash-Shāfi‘ī. The other three
schools of law are Hanafi, Maliki and Hanbali.
Principles
The Shāfi‘ī School of thought stipulates authority to four sources of jurisprudence, also known as
the Usul al-fiqh. In hierarchical order the usul al-fiqh consist of: the Quran, the Sunnah of
Prophet Muhammad, ijma' "consensus", and qiyas "analogy". The Shāfi‘ī school also refers to
the opinions of Muhammad's companions (primarily Al-Khulafa ar-Rashidun). The school,
based on Shāfi‘ī's books ar-Risala fi Usul al-Fiqh and Kitāb al-Umm, which emphasizes
proper istinbaat (derivation of laws) through the rigorous application of legal principles as
opposed to speculation or conjecture. It is considered one of the more conservative of the four
schools of Islamic jurisprudence.
Imam Shāfi‘ī approached the imperatives of the Islamic Shariah (Canon Law) distinctly in his
own systematic methodology. Imam Shāfi‘ī, Imam Malik and Imam Ahmad ibn Hanbal almost
entirely exclude the exercise of private judgment in the exposition of legal principles. They are
wholly governed by the force of precedents, adhering to the Scripture and Traditions; they also
do not admit the validity of a recourse to analogical deduction of such an interpretation of the
Law whereby its spirit is adopted to the special circumstances of any special case. Their
followers are accordingly designated as "Ahlu l-Hadith" or "Traditionalists par excellence",
while the followers of Abu Hanifa are called "Ahlu r-Ra'i" - the "People of Private Judgement".
Shāfi‘ī is also known as the "First Among Equals" for his exhaustive knowledge and systematic
methodology to religious science. His approach to Islamic jurisprudence has become the
standard reference of the scholars not only among his School but among others as well. There is
a famous Fiqh maxim, "The Shāfi‘iyy are the Pillars of Knowledge of this Religion".