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Text Books - Muslim Law
Muslim Law   M. A. Qureshi
Muslim Law
6th Ed. (Rep.) 2023
978-93-88267-88-5
 560
 

About the Book 

      This is the sixth edition of the book titled ‘Muslim Law’. From time immemorial, political philosophers have cherished the dream that they could improve mankind if only they could change the family system. Whenever thinkers have envisioned the ideal society, they have placed their ideal of family behaviour as its centre. Islamic law is a complete code. It deals with all aspects of human life. In Islam, males and females are equal. Islam has never asserted that woman is inferior to man. It has only made the point that woman is differently constituted. Islam says women should be treated in accordance with their nature. Their delicate emotional constitution should always be borne in mind. Islam actually gives equal status to women as that of men. The Quran says, you are members one of another. They are equal in respect but different in role. All Muslims must not have four wives. Contrary to the contrary perception, monogamy is the rule in Islam and polygamy only an exception.

 

     This was the policy of Warren Hastings, the then Governor General of India to apply Muslim Law to Muslims and Hindu Law to Hindus. The present edition of the book titled “Muslim Law” is a comprehensive treatise. It deals almost every aspect of Muslim law applicable in Indian courts. The subject matter of the book has been drawn from or based upon recognised sources of Muslim law, law laid down by legislature and interpreted by Courts. In this book, an attempt has been made to lay down systematically in a lucid and simple manner all relevant judicial decisions. The book also deals with regard to the Act in respect of abolition of triple talaq.

 

     In addition to the judicial decisions, it is an attempt to study the trends shown by the Apex Court and several High Courts in the field of Muslim personal law. The issues dealt with by the Courts relates to the concept of family among Muslims, prevalence of the custom of adoption, marriage, conversion, bigamous marriage, child marriage, dower money, divorce, maintenance, gift, succession, etc. The courts have also decided the status of the conversion. There are plenty of cases dealing with waqf property. The decisions of the court will provide to the reader a bird’s eye view of rational and pragmatic development of Muslim law by the Indian courts. The matters in respect of marriage, dissolution of marriage, dower, maintenance, adoption, etc., are important topics. The topic in respect of fictitious conversion for the sake of marriage has also been dealt. The alienation of minor’s property, mutation of the property on the ground of hiba, law of wills, inheritance and waqf, etc. topics have been dealt exhaustively. The courts have given numerous decisions on various conflicting issues such as the double standards of Muslims in making statements on oath in courts and in the mosque. The book deals with the concept and utility of the khula, an instrument for the dissolution of marriage at the request of the wife. It has been observed that the courts have given purposeful, rational and pragmatic interpretation in some of the cases. This book deals with the judicial pronouncements which have made significant contribution to the development of Muslim law keeping into consideration the new social transformation in the society.
 
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