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Category: Law

Ratio decidendi and Obiter dicta

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Ratio decidendi and Obiter dicta Ratio decidendi Ratio decidendi is a Latin term that means “the reason for the decision.” It refers to the legal principle or rule that is the basis for a court’s decision in a case. This principle is what future courts will follow when deciding similar cases. These are binding on future cases. Ratio Decidendi Example The ratio decidendi of the Kesavananda Bharati v State of Kerala 1973 SC case is the establishment of the basic structure doctrine. The Supreme Court held that while the Parliament has wide powers to amend the Constitution under Article 368, it does not have the power to alter or destroy the basic structure or framework of the Constitution. This principle is binding and has been followed in numerous subsequent cases. For example in Indira Nehru Gandhi v. Raj Narain, 1975 SC Context: This case challenged the election of Prime Minister Indira Gandhi. Application: The Supreme Court applied the basic structure doctrine to strike down the 39th Amendment, which sought to place the election of the Prime Minister beyond judicial review. The court held that judicial review is part of the basic structure of the Constitution. Obiter dicta Obiter dicta is a Latin term that means “things said by the way.” In simple terms, it refers to comments or observations made by a judge in a court’s decision that are not essential to the outcome of the case. These remarks are not binding in future cases but can be persuasive. Obiter Dicta Example In Kesavananda Bharati v State of Kerala 1973 SC judges observed that while the Constitution must be flexible to adapt to changing times, this flexibility should not extend to altering its basic structure. They emphasized the need for a balance between allowing amendments and preserving the core principles of the Constitution. Besides this court also discussed about the concept of secularism, and discussed about preamble, fundamental rights in this case. Judges also commented on the role of the judiciary in safeguarding the Constitution. These discussions and observations of the court was not essential for the outcome of the case, hence it was an obiter dicta.    

Indian Constitution, Interview, judiciary, Law, Legal

Ad-Interim Injunctions

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Why in News? A division bench of Justice Pushpendra Singh Bhati and Justice Munnuri Laxman of the Rajasthan High Court granted an ad-interim stay on the impugned order dated 08-10-2024, issued by the Commercial Court, Jodhpur, which had earlier placed an ad-interim injunction against the release of the movie “Jigra” citing trademark violation. The Court allowed the release of the movie while safeguarding the respondent’s right to claim damages if a trademark violation is later proven. What is Ad-Interim Injunction? Purpose: The primary aim of an ad-interim injunction under ORDER XXXIX CPC is to maintain the status quo until the court thoroughly examines the merits of the case. It ensures that no party suffers irreparable damage during ongoing litigation. Applicability: An ad-interim injunction is typically issued when there is a prima facie case indicating potential harm to the plaintiff. It is a temporary measure applied while the main dispute is under consideration. Such injunctions can be modified or revoked as the case progresses, depending on new facts or legal arguments. Notice by the Court: Generally, a notice is issued to the opposite party before granting an ad-interim injunction. In urgent cases, ex-parte injunctions may be granted temporarily, even without prior notice, under Order XXXIX Rule 3 of the CPC. Time-Limit: Ad-interim injunctions are temporary and usually apply for a specified period. The court may extend or modify these injunctions as necessary based on the evolving circumstances of the case. Violation: As per Rule 2A of the ORDER XXXIX of CPC, if a party disobeys the terms of an ad-interim injunction, the court may: Attach the property of the guilty party. Detain the person in civil prison for up to three months, unless directed otherwise by the court. Essentials to Avail Ad-Interim Injunction: The plaintiff must demonstrate a prima facie case in their favor. The plaintiff must show potential for irreparable injury if the injunction is not granted. The court assesses the balance of convenience to determine if the injunction is justified. The plaintiff must prove that there is no other adequate remedy available, such as monetary compensation.

judiciary, Law

Mehr (Dower) Muslim Law

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Mehr (Dower) Definition, Nature and Importance of Dower (Mahr) “Dower is a sum of money or other property which the wife is entitled to receive from the husband in consideration of marriage” Mulla. According to K.P. Saxena “Dower is a sum of money or any property promised by the husband to be paid or delivered to the wife as a mark of respect for the surrender of her person after the marriage contract but generally said to be consideration for marriage.” Further, In Saburannessa v. Sabdur Sheikh, [(1934) Justice Mitter remarked: The marriage under Muslim law is a civil contract and it is like a contract of sale. But the notion of dower given above is not correct. Fitzgerald says: “It would be incorrect to describe the Muslim dower purely as the bride’s price.” Baillie says, under Muslim Law ‘dower is an obligation imposed upon the husband as a mark of respect to the wife.’ Abdur Rahim rightly says, “It is not a consideration proceeding from the husband for the contract of marriage, but is an obligation imposed by the law on the husband as a mark of respect for the wife as is evident from the fact that the non-specification of dower at the time of marriage does not affect the validity of marriage.” (Muhammadan Jurisprudence, p. 334). Hedaya says that “the payment of dower is enjoined by the law as a token of respect for its object, the woman.” Further unlike sale, dower is not given to anyone except to the women herself. Object of Dower The object of dower is three-fold: to impose an obligation on the husband as a mark of respect of the wife; to place a check on the capricious use of divorce on the part of husband; and to provide for her subsistence after the dissolution of her marriage, so that she may not become helpless after the death of the husband or termination of marriage by divorce. Subject matter of dower A handful of dates (Abu Daud). A pair of shoes (Tirmizi). If the husband is a slave, his services to his wife (Mohit Sarkhsee). The services of the husband’s slaves to the wife (Fatawa-i-Alamgiri). Husband’s services rendered to the guardian of a minor wife (Durrul Muktar). Teaching Koran to the wife (Tradition). In fact, the main contention of the Muslim jurists is that anything which comes within the definition of property can be the subject-matter of dower. Minimum and Maximum Amounts of dower Minimum – Hanafis 10 dirhams Malikis – 3 dirhams. Shafiis No minimum. Shias. No minimum. Maximum amount can be any amount without any upper limit. Among some of the sects of Shias, however, there is a tendency “not to stipulate for a sum higher than the minimum fixed by the Prophet for his favourite daughter Fatima, the wife of Ali, namely 500 dirhams. Amounts of dower and conditions of payment. If the marriage is consummated, and is dissolved by death: (a) whole of the specified dower or in case of regular marriage. (b) proper dower if unspecified, (c) specified or proper dower, which is less, in the case of irregular marriage. if the marriage is not consummated, and is dissolved by the act of party. (i) When divorced by the husband– (a) half of the specified dower, or (b) a present of three articles, if unspecified – in case of regular marriage (ii) When divorced by the wife: No dower, (iii) If the marriage is irregular: No dower   Kinds of dower Broadly, there are two kinds of dower: specified (Mahr i Musamma) and unspecified (proper or Mahr i Misl). The specified dower has been further divided into: (a) Prompt (Mahr Muajjal) and (b) Deferred (Mahr e Muwajjal) (i) Specified dower.- An amount settled by the parties at the time of marriage or after, is called specified dower. If the bridegroom is minor, his father may settle the amount of dower, Hanafi Law says that the father is not personally liable for the dower, but according to Shia Law, he will be so liable. Prompt and Deferred dower.-Prompt dower is payable on demand, and deferred dower is payable on the dissolution of marriage by death or divorce. The prompt portion of the dower may be realised by the wife at any time before or after consummation, but the deferred dower could not be so demanded. In the case where it is not settled how much of the dower is prompt and what part of it is deferred, the Shia Law holds that the whole of dower is prompt; the Sunni Law, however, holds that only a part is prompt. This part is to be fixed with reference to (i) custom, or (ii) the status of the parties, and (iii) the amount of settled dower. Unspecified dower.-In such cases where dower has not been settled at the time of the marriage or after, it is fixed with reference to the social position of the wife’s family and her own personal qualifications. Help would be taken by taking into account the amounts of dower fixed in case of wife’s sisters, paternal aunts, etc., and according to the Hedaya, the wife’s age, beauty, intellect and virtue will also be considered. Such dowers are called mahr-ul-misl. One aspect of dower beneficial to the Muslim woman is that even where the parties to the marriage have not stipulated any dower, the husband remains under an obligation to pay it.   Remedies in case of non-payment of Dower The rights which dower confers on the wife are threefold : Refusal to cohabit. Right to dower as a debt. Retention of husband’s property. Refusal to cohabit. Before consummation, the wife is entitled to refuse to live with her husband and refuse to him sexual intercourse so long as prompt dower is not paid to her. In a suit for restitution of conjugal rights by the husband, the non-payment of prompt dower is a complete defence if the marriage is not consummated. If the wife…

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Human Rights, judiciary, Law, Legal, Uncategorized
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WRITS The state and its instrumentalities, such as the police, universities, and other government bodies, exist to serve the nation and fulfil public duties. However, there are times when these very entities violate our rights, leaving us with no other option. In such instances, we can seek help and assistance from the court by applying for special orders known as writs. Thus, writs are special orders issued by superior courts to protect people’s rights and ensure that justice is done. These writs are five in number. These writs serve as an effective mechanism through which the judiciary can uphold the rights of individuals when those rights are violated, particularly by the state or public authorities, and in some cases even by private individuals.  In India, two courts have the authority to issue writs: Supreme Court (Article 32): Writs only for fundamental rights. High Courts (Article 226):  Writs for fundamental rights and other legal rights.   Habeas Corpus Habeas Corpus is a Latin term which literally means “you may have the body”.  The writ is issued in the form of an order calling upon a person by whom another person is detained to bring that person before the Court and to let the Court know by what authority he has detained that person. Who can apply for the writ: The general rule is that an application can be made by a person who is illegally detained, But in certain cases, an application of habeas corpus can be made by any person on behalf of the prisoner, i.e., a friend or a relation. Burden of proof The burden of proof to justify detention has always been placed on the detaining authority. Writ against private individual The Supreme Court of India clarified this in the case of Kanu Sanyal v. District Magistrate, Darjeeling (1973). In this landmark judgment, the Court emphasized that the writ of habeas corpus can be issued not only against public authorities but also against private individuals if it is proven that they are unlawfully detaining someone. Case Law and Example: Mohd. Ikram Hussain v. State of U.P. (1964) All  Facts: Mohd. Ikram Hussain was arrested and detained by the police under the suspicion of having committed a crime. His family believed that the detention was illegal, as he was not produced before a magistrate within the stipulated time, and there was no legal basis for his continued detention. The family filed a petition in the Allahabad High Court, seeking a writ of habeas corpus to challenge the illegal detention and secure his release.  Judgement: The Allahabad High Court issued the writ of habeas corpus and ordered the police to bring Mohd. Ikram Hussain before the court to justify his detention. Upon reviewing the facts, the court found that: The detention was illegal, as the police had not followed due process, including presenting him before a magistrate within the required time. The court directed his immediate release, as there was no valid reason for his continued detention. Similarly, the detention becomes unlawful if a person who is arrested is not produced before the Magistrate within 24 hours of his arrest and he will be entitled to be released on the writ of habeas corpus.  It can also be issued in case of child’s custody cases by one parent against the other.   Mandamus The word “mandamus” means “the order” or “we command”. When it is used: If a government officer or body is not performing its duty, you can approach the court for a mandamus writ to compel them to act. For instance, a licensing officer is under a duty to issue a licence to an applicant who fulfils all the conditions laid down for the issue of such Licence. But despite the fulfilment of such conditions if the officer or the authority concerned refuses or fails to issue the licence the aggrieved person has a right to seek the remedy through a writ of mandamus. Allahabad High Court issued a writ of mandamus to direct the Regional Passport Officer to issue a passport to the petitioner. (Basoo Yadav v. Union of India, 2022 All) When it will not lie. —A writ of mandamus will not be granted in the following circumstances: (1) When the duty is merely discretionary in nature the writ of mandamus will not lie. State of M. P. v. Mandawara,’ the M. P. Government made a rule making it discretionary to grant dearness allowance to its employees at a particular rate. The Supreme Court held that the writ of mandamus could not be issued to compel the Government to exercise its power. (2) A writ of mandamus does not lie against a private individual or any private organisation because they are not entrusted with a public duty.’ (3) A writ of mandamus cannot be granted to enforce an obligation arising out of contract.’   Prohibition A writ of prohibition literally means “to forbid”. It is issued primarily to prevent an inferior court or tribunal from exceeding its jurisdiction or acting contrary to the rules of natural justice. It is issued by a superior Court to inferior courts for the purpose of preventing inferior Courts from usurping a jurisdiction with which it was not legally vested, or in other words to compel inferior courts to keep within the limits of their jurisdiction. Thus the writ is issued in both cases where there is excess of jurisdiction and where there is absence of jurisdiction. Hari Vishnu Kamath v. Syed Ahmad Ishaque (1955) Facts: This case involved an election dispute where the Election Tribunal’s decision was challenged. Reasoning: The Supreme Court issued a writ of prohibition to prevent the Tribunal from proceeding further, as it had acted beyond its jurisdiction. East India Commercial Co. Ltd. v. Collector of Customs (1962) Facts: This case involved the seizure of goods by customs authorities without proper jurisdiction. Reasoning: The Supreme Court issued a writ of prohibition to prevent the customs authorities from proceeding further, as they had acted beyond their jurisdiction….

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Indian Constitution, judiciary, Law

The Empress vs Gonesh Dooley And Gopi Dooley 1879 Cal

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The Empress vs Gonesh Dooley And Gopi Dooley 1879 Cal (Snake Charmer’s Case) JUDGMENT by McDonell, J. Case Facts: Gonesh Dooley was accused of causing the death of a boy by placing a snake on him by exhibiting in public a venomous snake, whose fangs he knew had not been extracted, and to show his own skill, but without any intention to cause harm to anyone, placed the snake on the head of one of the spectators. The spectator in trying to push off the snake was bitten, and died in consequence. Issues Involved Prosecution’s Argument: The prosecution argued that Gonesh intentionally caused the boy’s death by placing the snake on him, knowing it was dangerous. They also argued that Gopi abetted Gonesh by encouraging or assisting him in the act. Defense’s Argument: The defense argued that Gonesh did not have the intention to kill the boy. They claimed it was a reckless act without the knowledge that it would result in death. They also argued that Gopi did not actively participate in the act and should not be held responsible. Court’s Reasoning: Courts Analysis: The court found that Gonesh did not intentionally cause the boy’s death. It was determined that he did not know the act was “so imminently dangerous that it must, in all probability, cause death” (the last clause of murder) Comparison with Previous Case: The court compared this case with another case The Queen v. Poonai Fattemah 1869, where the accused had intentionally caused a snake to bite the victim. The court noted that in Gonesh’s case, there was no such clear intention or knowledge of imminent danger. Without intention but knowledge: Court observed that in this case “that Gonesh did not think that the snake would bite the boy. But we think that the act was done with the knowledge that it was likely to cause death, but without the intention of causing death.” Conclusion: Sentencing: The court found that Gonesh did not have the intention to cause death but acted with the knowledge that his actions were likely to cause death. Therefore, he was sentenced under Section 304 Part II. Gonesh Dooley was sentenced to three years of rigorous imprisonment. Gopi Dooley, who abetted Gonesh, was sentenced to one year of rigorous imprisonment under Sections 114 and 304 of the IPC.

Criminal Law, Indian Penal Code, judiciary, Law

Honour Killings In India

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Honour Killings In India Honour killing is one of the cultural offences in the nation. The killing of a (usually female) family or clan member by one or more (mainly male) family members who feel the victim has brought dishonour upon the family, clan, or community is frequently referred to as a “customary killing“. As honour killings are not gender-specific, many of their occurrences go unreported and uninvestigated due to the embarrassment that such an admission would entail. The main goal is to make the family member look bad. Three sections make up the current article. In the first section, there is a brief discussion of the definition of honour killing and its reasons. The laws that are already in place and those that have been proposed for judicial decisions to stop them are also included in the second part. The third and last portion of the article explores the potential for additional rules and regulations to apply to it. Introduction Honour killings are carried out by relatives who believe that doing so will purify their group. They murder one of the members to earn back the family’s reputation and rid them of the shame and disgrace that that person had brought upon them. A male relative murders the female who disobeyed them and disobeyed the family. This is a type of premeditated murder perpetrated against the person who disgraced the family. Most often, these behaviours result from triggers set off by close family members, the community, or nearby neighbours who make the accused feel degraded and agitated. Most of these are directed at females who are thought to have committed sexual or marital crimes. When a member of the community chooses someone from a different caste, it creates inequity in a society where everyone is treated fairly and without prejudice. Since a girl’s caste and position shift when she reaches her husband’s home, caste and status are the main causes of it in the modern world. The study’s objectives are to learn more about honour killing, emphasise its seriousness, educate society about its repercussions, and look into the contributing elements. Background In many different societies today, honour killing is still a long-standing ritual. It started long before the Islamic era, but they were more common during it. Some authors assert that honour killing happens everywhere, while others assert that it is specific to certain communities in Southeast Asia and the Middle East, where it is deeply ingrained in traditions and customs that date back to ancient times. Some analysts claim that the Baleech and Pashtun tribes of Balochistan engaged in the practice of honour killing. In the past, adultery and rape were regarded as immoral behaviours in Rome, and women’s lives were taken to preserve the honour of the home and community. Women are seen as less than men in Greek society, but they are also the victims of men. It has been proven that numerous women were executed for adultery or on suspicion of adultery in ancient Egypt and among American tribes under the guise of honour crimes. Definition Of Honour Killing According to Human Rights Watch, “honour killings” are acts of violence, most often murder, carried out by male family members against female family members who are believed to have tarnished the family name. For many reasons, a woman may come under the family’s wrath, such as refusing to participate in an arranged marriage, being the victim of sexual assault, requesting a divorce—even from an abusive husband—or engaging in adultery. An attack on a woman’s family can begin simply with the idea that she has acted in a way that “dishonours” them. Reasons Of Honour Killing The following are the specific justifications for honour killing. Refusal to accept an arranged marriage: Whether a male or female family member refuses to accept the marriage that has been planned by the family, they will be slain for the benefit of the family. When a person declines the marriage that the family has arranged, the family members experience a certain amount of guilt. Divorce: The victim of an honour killing would be a married person who sought a divorce due to problems in their marriage with their family. When a member of the family feels that the victim would rather die than live, they may decide to kill the person themselves rather than seek a divorce because it will damage the family’s reputation. Family member allegations and rumours: The victim may become the target of family member allegations or rumours spread by the community at large. Because of their status and reputation, the family members would murder the member, whether they knew the truth or not. According to them, killing the victim will boost the family’s reputation and position. Homosexuality: It is now considered normal when love develops between people of the same sex. When a couple of the same sex wishes to live together, the family or society forbids it, which in turn leads to more and more accusations and upsets the family members. Victims of rape: Women are being raped in a society where they ought to be protected. In that scenario, it is the responsibility of the family to accept such victims, but they see it with shame and believe the girl’s life is over and she is wholly useless to them and society as a whole, so they plan to kill her. Inter-caste marriage: When a victim marries someone from a different caste, the party who views their caste as significant and more important than their family members suffers. In this situation, the lower caste member would rather kill the victim than allow them to live by raising their caste. They would kill the victim even though they were a member of their family in cases where the victim belonged to a lower caste because caste is the foundation of their prestige. Not only do their family members become victims, but the other party they want to live with also suffers. Legislative Framework Concerning Honour…

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Indian Constitution, Law

Death penalty abolition or retention

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Death penalty abolition or retention For a long time death penalty has been a topic that is surrounded by controversy also the oldest form of punishment for every era death penalty is considered the most strict and the oldest ancient form of punishment. that have existed capital punishment or the death penalty has always been the most relevant and important topic of debate in India and it should be important to come to light in India this penalty is given in the rarest of rare cases whereas if we look at other countries like the UK. has abolished the death penalty last death penalty was practiced in 1964 in the UK it was not easy to abolish the death penalty in the UK but they finally managed to do that whereas in India last execution was performed in 2020 March in the Nirbhaya case. Introduction Society is made of two-component crime and criminals which has resulted in a disturbance in social peace and community is getting disturbed by the crime and criminals to deal with such issue government come with a punishment sentencing that should be in correspondence with the crime done by the individual means the nature of punishment should be equal to nature of the crime. In the case of Suraj Ram versus the state of Rajasthan, the supreme court held that the state should consider the rights of criminals while awarding sentences to be fair but the state should also consider we can to get justice further court elaborated that the purpose of sentences the criminal should never be and unpunished and Victim should never be unsatisfied. The most controversial punishment is the death penalty or capital punishment J.R.R. Tolkien said many that live deserve death and some that die deserve life.  Background Death punishment is been practiced over the centuries in the 18th century BC King Hembury of Babylon performed capital punishment for 25 different crimes during the Mughal Era barbeque method also put offenders to death even the British use to used the hanging method to punish the offenders 14th century BC Kohli used this penalty in the 17th century this penalty was made for all kinds of crime by BC decorate Athens. Also, Captain George Candle in the Jameson colony of Virginia in 1608 was first executed for spying on Spain in 1612, the death penalty was given even for minor crimes. Retention versus abolition debate Many people believe that they do not believe in capital punishment as it takes the life of a person which cannot be taken by anyone except God some believe that the penalty is the only solution to teach a lesson to criminals who perform severe crimes there were so many aspects of both abolitions somewhere promoting the moral values and ethics in favor to abolish the capital punishment others were looking in the theory of deterrence to provide justice to society and victims by hanging. Theory of deterrence In the view of abolitionist abolished the person who commits a crime like murder or rape is not in his senses while performing such moment he remains in the inactive state of mind and he is not aware of what he is doing and what could be the consequences while performing such as he is lost in the wave of emotion, giving death penalty cannot do justice to him, moreover it can also not decrease the crime rate death penalty is an unnecessary act. whereas receptionists said that fear of death is a deterrent if a person is in fear of death then he will think twice before committing some serious or any kind of crime, the punishment provides justice to the victims and stops the crimes that could happen in the future. Crime rate Abolitionist argues that the penalty has no direct or indirect connection with crime rates this is just a custom or a procedure that is followed by the government it does not result in a decrease in the crime rate of the country this argument was taken from the study of theologist Stallin he in his study after collecting the data from the United State of America concluded that that penalty is just a custom it has no role in decreasing the crime rate. Retentionists have the opposite view According to them capital punishment or death brings fear in the mind of the person who is thinking of committing any kind of crime does it directly or indirectly reduce the crime rate Professor Isaac in his article pointed out some loopholes in the study of Stalin according to him the work of Stallin’ neither develop nor tell the full range of implication. Society’s rights Abolitionist stated that no one in the society has right to award death to any person the kind of punishment it can only be done through the act of God also Death punishment somewhere harm the human rights of the person whereas retentionist argued that since the right to death is only can be done through the God not through any person but to provide justice to the victims and the society accused must be punished in a fair way and with the fair punishment which is equal to his crime like murder rape terrorist attack cannot be tolerated and accused must be punished to death. Retention in India Dead penalty in India has been practiced for a very long time from the Mughal Era to British rule used to punish with capital punishment British applied the death penalty under the Indian Penal Code 1860 in 1931 on 27 January question of the abolition of capital punishment was raised by the Mr. Gaya Prasad Singh however this motion was rejected later Mr. Mukund Lal Agarwal introduced a bill of the abolition of capital punishment on August 23, 1956, in the first Lok Sabha of the republic of India it was later rejected but the discussion continued and topic of cropping down this punishment continued later in 1962 a resolution was passed…

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Criminal Law, Indian Constitution, Indian Penal Code, Law

Schools Of Muslim Law

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Introduction:- Schools mean thoughts. Schools under Muslim Law are two:- Sunni school; & Shia The division between Sunni and Shia schools is not based on theological ground It is based on political grounds with respect to the appointment of a caliph and increased with the passage of time. Caliphs:- Abu Bakr Hazrat Umar Hazrat Usman-e-gani Hazrat Ali   Schools under Muslim Law:-  Sunni school’s sub-schools:- Hanafi School:- Founder:- Imam Abu Hanifa founded the Hanafi school Imam Abu Hanifa was born in 80 A.H.at Qufa. He has constituted a committee of forty people for the purpose of Codifying Islamic law and this committee took 22 years to complete its work. Hanafi School has solved almost 5 lakh legal problems. This collection is known as Kutubh-Abu-Hanifa. He died in 150 H. at the age of 70. Features:- The Quran is the most important source of Muslim Law, having dual purposes Provides law and Confers authority to another source. All traditions of the Prophet are not important only traditions that are established/approved and beyond doubt are important. Ijma can be of any age according to the changing needs of society/time. He accepted analogical deduction as a valid source of He founded a new doctrine called the Doctrine of Juristic Preference. Maliki School:- Founder:- Maliki School was founded by Imam Malik. Imam Malik was born in Madina He wrote a book called Muwatta. Features:- The Quran is the most important source of the law. He was in favor of those traditions which was similar to the practices of the people of Madina. He validates the Ijma of jurists and their successors. He preferred analogical deduction which was in consonance/conformity with the Quran and the traditions of the Prophet. He founded a doctrine of Public Good. Shafi’i School:-  Founder:- Imam Shafi’i was born in Ghaza, Palestine. He belongs to the tribe of ‘Quresh’ and was a ‘Hasmi’, remotely connected with Prophet. Features:- The Quran is the source of legal knowledge. He preferred sunnat over hadith. He was a strong supporter of Ijma He accepted and formulated a detailed rule into the application of analogical deduction as a source of Law He rejected both the doctrines of Imam Hanifa and Imam Malik.. Hambali School:- Founder:- Imam Muhammad Hambal was the founder of this School He was born in Baghdad. He belonged to the family of Shayban Abu Hanifa. was one of the famous disciples of Imam Abu Abu Hanifa. Features:- The Quran is the most important source of law. He accepted every kind of Tradition. He accepted but rarely used Ijma as a source of Law. He used Qiyas only in Share of necessity. Shia school:- Ithnā ʿAsharīyah:- believes in twelve Imam Ismailiya:- believes in seven Imam Zaidiya:- believes in four Imam PREPARED BY:- PUJA DWIVEDI, BIHAR UNIVERSITY.

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