Jurisprudence: The Philosophy and Science of Law 🔹 Introduction Jurisprudence is the study, analysis, and philosophy of law. It delves deep into understanding what law is, how it evolves, and how it should function in society. The word “Jurisprudence” comes from Latin: Juris = Law Prudentia = Knowledge or Skill Thus, jurisprudence literally means “knowledge of law” or “legal skill”. 🔹 Origin and Nature The study of jurisprudence first began with Roman jurists. Think of it as what science is to nature, jurisprudence is to law—it explores the fundamentals, reasoning, and purpose behind legal systems. > “Jurisprudence is not concerned with the text of statutes but with the essence of law itself.” As Cicero described, jurisprudence is the philosophical aspect of law—examining why laws exist, how they should evolve, and their moral backbone. Jurisprudence, derived from the Latin term juris prudentia, meaning “knowledge of the law,” represents the theoretical and philosophical study of law. It explores the origin, purpose, structure, and enforcement of laws within society. The discipline has ancient roots, evolving over centuries through various cultures and legal traditions. • Origin of Jurisprudence The origin of jurisprudence can be traced back to classical civilizations: Ancient Rome: Roman law is considered one of the earliest and most influential legal systems. Thinkers such as Ulpian and Gaius laid the groundwork for systematic legal analysis. Roman jurisprudence was concerned with categorizing laws, defining legal principles, and ensuring justice through reasoned interpretation. Greek Philosophy: Philosophers like Plato and Aristotle explored the concept of justice, natural law, and the role of law in a well-ordered society. Aristotle’s notion of natural justice versus legal justice laid a foundation for later theories distinguishing between man-made laws and universal moral principles. Religious Legal Systems: In Islamic jurisprudence (Fiqh), Jewish law (Halakha), and Canon law (Christian), jurisprudence took a theological form, interpreting divine commandments into legal doctrines. English Common Law Tradition: Jurisprudence developed through case law and judicial reasoning. Thinkers like Sir Edward Coke and William Blackstone emphasized precedent, legal customs, and the rights of individuals under the law. • Nature of Jurisprudence Jurisprudence is normative, analytical, and critical in nature. It does not merely describe laws but seeks to evaluate, interpret, and question their meaning and application. It can be broadly categorized into the following types: 1. Analytical Jurisprudence: Focuses on the logical structure of law, analyzing legal concepts such as rights, duties, sovereignty, and justice. It seeks clarity and coherence in legal language. H.L.A. Hart and Austin are major figures in this school. 2. Natural Law Jurisprudence: Argues that law should be based on morality or universal moral principles. Laws that are unjust or immoral, according to this view, may lack legitimacy. Thinkers include Cicero, St. Thomas Aquinas, and Lon Fuller. 3. Historical Jurisprudence: Emphasizes the evolutionary nature of law as shaped by customs, traditions, and societal needs. Savigny argued that law grows organically from the spirit (Volksgeist) of a people. 4. Sociological Jurisprudence: Sees law as a tool for social engineering. Law should be studied in its social context, not just as abstract rules. Roscoe Pound and Eugen Ehrlich are key proponents. 5. Critical Legal Studies: Emerged in the 20th century as a critique of traditional legal structures. It views law as a product of political and social power structures, often reinforcing inequality. Why is Jurisprudence Important? As per Salmond, jurisprudence serves several key purposes: 1. Thought-Provoking It introduces theoretical ideas that later influence real-world laws. Example: Natural rights (life, liberty) started as theory, became human rights laws. 2. Clarifies Legal Concepts It helps organize and simplify complex legal ideas. Example: The concept of legal personality—treating companies as “legal persons”. 3. Educational Value It trains legal minds to think logically and critically. Example: A judge may give justice over strict technicalities due to jurisprudential thinking. 4. Shapes Practical Laws Helps in modern lawmaking for current issues. Example: Emergence of cyber laws and AI regulations. Definitions by Great Jurists Ulpian: “Jurisprudence is the observation of things human and divine, the knowledge of the just and the unjust.” Cicero: Philosophical knowledge of law. Gray: “Science of law… systematic arrangement of rules followed by courts.” Salmond: “Science of the first principles of civil law.” John Austin: “Philosophy of positive law.” Allen: “Scientific synthesis of essential principles of law.” H.L.A. Hart: “Jurisprudence is the science of law, exploring legal concepts, systems, and the nature of law.” Salmond’s Classification of Jurisprudence 1. Expository or Systematic Jurisprudence Studies existing laws. Example: Analysis of the Indian Contract Act. 2. Legal History Explores how law has evolved over time. Example: Property or marriage laws from ancient to modern India. 3. Science of Legislation Suggests how laws should be made for future needs. Example: Laws for digital privacy or AI regulation. Austin’s Theory: Positive Law John Austin defined law as the command of the sovereign backed by sanction. His jurisprudence: Focuses on law as it is, not as it ought to be. • Divides jurisprudence into: ✓ General Jurisprudence: Legal principles common across systems. ✓ Particular Jurisprudence: Laws of a specific country (e.g., Indian Law). Example: √ Studying punishment in all countries = General √ Studying Indian Penal Code = Particular Criticism: Professor Holland disagreed with Austin’s division. He argued science should not be split into “general” and “particular” forms. Modern Perspectives on Jurisprudence H.L.A. Hart: System of Rules Hart divided laws into: √ Primary Rules: Tell us what to do (e.g., “Don’t steal”). √ Secondary Rules: Tell us how to create or enforce primary rules (e.g., Parliament’s power to legislate). He said a legal system is complete only when both rules exist together. Definitions of Law by Famous Thinkers J.C. Gray: Law = Rules enforced by courts. Salmond: Law = Principles applied by the state for justice. Roscoe Pound: Law = Social control through organized force. Paton: Law = Binding rules that regulate society. Kelson: Law = A technique of social organization, without political or ethical value. Austin: Law = Command of…
Category: Law
Muslim Law of Inheritance: Comprehensive, Just, and Ahead of Its Time The Muslim Law of Inheritance is not just a legal framework—it is a deeply rooted, well-structured, and equitable system that has stood the test of time. When discussing inheritance laws across the world, Islamic inheritance law must be at the top of the list for its clarity, fairness, and comprehensiveness. 🔸 What is Inheritance? Inheritance means the transfer of money or property to legal heirs after a person’s death. In Islamic law, this transfer is governed not by emotions or customs but by divine command and logical structure, balancing rights and responsibilities. • Why Muslim Law of Inheritance Stands Out 1. Comprehensiveness: It covers all possible relations — sharers, residuaries, and distant kindred. 2. Equity Over Equality: Shares are distributed based on financial responsibility, not gender alone. 3. Fixed Shares: The Qur’an specifies the shares of 12 types of relatives, leaving no room for ambiguity. 4. No Birthright: Unlike Hindu law, Muslim law doesn’t recognize inheritance by birth. The right to inherit arises only after the death of the property holder. 5. No Joint Family System: Property is individually owned, and inheritance is divided immediately upon death. • Major Reforms Introduced by Islam ✓ Females allowed to inherit — a revolutionary step in the 7th century! ✓ Widows, daughters, and mothers given fixed shares ✓ Husband and wife both inherit from each other ✓ Even distant kindred get a chance when no closer heirs exist ∆ Key Highlights of the System 1. Classes of Heirs • Sharers: 12 relations, including husband, wife, children, parents, siblings. • Residuaries: Male relatives who receive the leftover estate. • Distant Kindred: Relatives not in the above two groups inherit only if no sharers/residuaries exist. 2. Female Rights • Daughters, mothers, wives, and even sisters have defined inheritance rights. • A female gets half the share of a male, but this is due to less financial obligation, not lesser status. • Widow always inherits — 1/4th if childless, 1/8th if she has children. 3. Exclusion Rules (Hujub) • Closer relatives exclude distant ones. • Son excludes grandson, father excludes grandfather, full sibling excludes half-sibling, etc. 4. Illegitimacy and Homicide Illegitimate children cannot inherit from the father. A person cannot inherit from someone they murdered, whether intentionally or accidentally (Sunni law). ✓ Distribution: Science & Justice Combined Sunni Law uses Per Capita Method: Property is divided equally among heirs of the same class. Shia Law uses Per Strip Method: Property is divided based on branches of the family tree. • Unborn Child A child in the womb can inherit if born alive — showcasing how Islamic law even protects the rights of the unborn! • Escheat Rule If no legal heir exists, the property goes to the State (Government). • Testamentary vs. Non-Testamentary Succession Non-testamentary succession (no will): Follows Shariat Law. Testamentary succession (with will): Allowed only up to 1/3rd of the estate for non-heirs. √ In West Bengal, Chennai, and Mumbai, testamentary succession is governed by the Indian Succession Act, 1925. ∆ Why This System Deserves Global Recognition The Muslim law of inheritance predates and outperforms many modern legal systems. It provides: • A scientific method of share calculation • Rights to women, including widows and daughters • Protection to unborn children • Clear rules to avoid disputes > This is not just a law — it’s a legacy of justice. Muslim Law of Inheritance: A Model of Equity, Logic, and Divine Balance The Muslim Law of Inheritance is one of the most detailed and sophisticated systems of property division in any legal tradition. Rooted in divine revelation and developed through centuries of jurisprudence, this law ensures that wealth is distributed fairly, maintaining social harmony and justice in the family. In today’s legal landscape, where disputes over inheritance are common, the Islamic system stands at the top for its structured clarity, fixed shares, and protection for all genders and relations. What is Inheritance in Islam? Inheritance refers to the transfer of a deceased person’s property to their lawful heirs. In Islamic law, this transfer is not arbitrary—it is based on Quranic injunctions, ensuring that everyone gets what they rightfully deserve. > “Inheritance is a right, not a privilege.” ∆ Key Principles That Make Muslim Inheritance Law Unique 🔸 1. No Doctrine of Representation In Muslim law, heirs must be alive at the time of the ancestor’s death. If someone dies before the ancestor, their children do not inherit in their place. > Nearest heir excludes the more remote. This is unlike Hindu or English law, where representation is allowed. 🔸 2. Fixed Shares for Sharers There are 12 fixed sharers including the spouse, children, parents, and siblings. Their shares are clearly defined in the Qur’an, leaving little room for manipulation or favoritism. 🔸 3. Females Have Inheritance Rights Women inherit, although typically half the share of men. This is due to the financial responsibilities of men (e.g., dower, maintenance). Daughters, mothers, sisters, and widows are all entitled. ✓ Three Classes of Heirs Category Includes • Sharers Have fixed Quranic shares (e.g., spouse, children, parents) • Residuaries Inherit what remains after sharers (e.g., brothers, uncles) • Distant Kindred Blood relatives not included above (e.g., maternal uncles, aunts) ✓ Advanced Doctrines: Precision in Practice 🔷 Doctrine of Aul (Increase) If the total of the fixed shares exceeds 1 (unity), the shares are proportionally reduced. Example: Husband gets 1/2 Two full sisters get 2/3 Total = 7/6 → more than 1 Adjusted: Husband = 3/7, Sisters = 4/7 🔷 Doctrine of Radd (Return) If total shares are less than 1, and there is no residuary, the remaining portion returns to the sharers proportionately (except spouses). Example: Mother = 1/6, Daughter = 1/2 Total = 2/3 Adjusted: Mother = 1/4, Daughter = 3/4 Female Rights Underlined Widows: 1/4 share (if no children) 1/8 share (if there are children) Daughters: One daughter = 1/2 Two or more = collectively 2/3 With sons = become residuaries (each son gets…
What is Waqf? – A Comprehensive Guide under Muslim Law Waqf in Muslim Law: Meaning, Essentials, Types & Mutawalli,explore the concept of Waqf under Muslim Law. Learn its meaning, essential elements, types, creation, and the role of Mutawalli with key legal insights and case references. • Introduction to Waqf Waqf (also spelled Wakf) is an Islamic endowment of property to be held in trust and used for charitable or religious purposes. As defined by Abu Yusuf, it is the detention of a thing in the implied ownership of Almighty God, and its profits are used for the benefit of humanity. “Once a waqf, always a waqf” – Supreme Court of India Key Characteristics of Waqf 1. Irrevocability – Once declared, a waqf cannot be revoked. 2. Perpetuity – It is permanent and lasts forever. 3. Inalienability – The property cannot be sold, transferred, or inherited. 4. Charitable Use – The usufruct (benefits) must be used for pious or charitable purposes. 5. Absoluteness – Conditional or contingent waqf is void. Essentials of a Valid Waqf • Under Sunni (Hanafi) Law: √ Permanent dedication of property √ Waqif (dedicator) must be Muslim, sane, and major √ Purpose must be religious, pious, or charitable • Under Shia Law: √ Must be perpetual, unconditional √ Possession must be transferred √ Waqif cannot benefit from the waqf Types of Waqf 1. Public Waqf – For community welfare, e.g., mosques, schools 2. Private Waqf – For the benefit of family, known as Waqf-alal-aulad How is Waqf Created? • Modes of Creation: √ Inter vivos – During lifetime √ By Will – Testamentary waqf √ During illness – Limited to 1/3 of property without heirs’ consent √ By Immemorial User – Usage over time can imply waqf • Objects and Subjects of Waqf Valid Objectives: √ Mosques, Imambaras, Madrasas √ Quran reading, aid to pilgrims √ Support to poor and destitute Valid Properties: √ Tangible properties (not consumables) √ Immovable (land, buildings) or movable (books, stocks, cash) > Property must belong to the waqif. The Role of the Mutawalli (Manager) A mutawalli is a manager or superintendent of the waqf—not an owner. Eligibility: • Must be Indian citizen • Sound mind and adult • Can be male, female, or even non-Muslim (unless religious duties are involved) Appointment: By founder, executor, or Court ✓ Duties (per Section 50, Waqf Act 1995): • Follow directions of the Waqf Board • Submit returns and accounts • Allow inspections • Manage public dues ✓ Removal: • Breach of trust • Mismanagement or decay of waqf property • Failure to follow waqf objectives ∆ Doctrine of Cypress If the original purpose becomes impossible, courts may apply waqf property to a similar charitable purpose, preserving the intention of the waqif. Difference Between Waqf and Trust A Waqf under Muslim law is a permanent dedication of property for religious, pious, or charitable purposes, where the ownership is transferred to the Almighty God, and its benefits are used for the welfare of society. Once created, a waqf is irrevocable, perpetual, and must strictly adhere to Islamic principles. The manager, known as a Mutawalli, does not own the property but merely supervises its use according to the waqf’s objectives. In contrast, a Trust under the Indian Trusts Act, 1882, can be established for any lawful purpose, including private or family benefit. Unlike waqf, a trust may be revocable, and the founder may reserve benefits for themselves. The property in a trust is legally held by the trustee, who manages it for the benefit of the designated beneficiaries. Thus, while both serve as instruments for asset dedication and welfare, their legal nature, flexibility, and religious context differ significantly. Registration of Waqf • Under Section 36 of the Waqf Act, 1995: • Mandatory registration with the Waqf Board • Application must be filed within 3 months of creation • Can be applied by mutawalli, waqif, heirs, or Muslim community members Landmark Judgments on Waqf under Muslim Law 1. Vidya Varuthi Thirtha v. Baluswami Ayyar (1921) 48 IA 302 (PC) Court: Privy Council Key Point: • This is a foundational judgment defining Waqf in India. • The Privy Council held that under Muslim Law, when property is dedicated by way of waqf, the ownership passes to Almighty Allah. • Trustees (mutawalli) do not become owners; they merely administer the waqf property. “The idea of beneficial ownership is foreign to the concept of waqf under Muslim Law.” 2. Mohammad Ismail Ariff v. Ahmad Moolla Dawood (1915) ILR 42 Cal 904 Court: Calcutta High Court Key Point: • Clarified that waqf is irrevocable and perpetual. • Once created validly, the waqif (settlor) loses all ownership. 3. M Kazim v. A Asghar Ali (1932) 59 IA 94 (PC) Court: Privy Council Key Point: • Distinguished waqf-alal-aulad (waqf for descendants) and clarified that it is valid if: • The ultimate benefit is reserved for charitable or religious purposes. 4. Abdul Fata Mohd. v. Rasamaya Dhur Chowdhury (1894) ILR 22 Cal 619 (PC) Court: Privy Council Key Point: • Ruled that if a waqf is only for the family and descendants and does not reserve any ultimate religious or charitable object, it is invalid. 5. Mst. Amina Bibi v. Abdul Rahman (AIR 1923 All 152) Court: Allahabad High Court Key Point: • Waqf is not a gift (hiba); it is a separate legal institution where the ownership is divinely vested. 6. Asghar Ali v. Union of India (AIR 1965 SC 1604) Court: Supreme Court of India Key Point: • Validated government’s right to take over management of waqf property in case of mismanagement or public interest. 7. Board of Muslim Wakfs v. Radha Kishan (1979 AIR 289; 1979 SCR (2) 1) Court: Supreme Court of India Key Point: • Defined the jurisdiction of Waqf Boards and stated that the civil courts have jurisdiction unless expressly barred. 8. Radhakanta Deb v. Commissioner of Hindu Religious Endowments (1981 AIR 798) Court: Supreme Court of India Key Point: • Though not directly on waqf, it clarified…
International Organizations: Structure, Role & Relevance in Global Governance International organizations are formal institutions established by multiple countries working together to achieve global peace, cooperation, development, and rule-based governance. These bodies shape modern international law and diplomacy through collective efforts. Definition & Purpose International organizations are entities formed by nations to tackle global challenges, including conflicts, health crises, trade issues, and environmental threats. Examples: • UN (United Nations): Global peace and security • WHO (World Health Organization): International public health • WTO (World Trade Organization): Regulating trade rules Historical Background ✓ First Technical Organization: • International Telegraph Union (ITU) – 1865, Paris • Aim: Standardize international telegraph communication • Now known as: International Telecommunication Union (under UN) ✓ First Political Organization: • League of Nations (1920–1946) • Aim: Prevent future wars • Created by: Treaty of Versailles • Failed to prevent WWII → Replaced by United Nations (UN) in 1945 United Nations (UN) The United Nations (UN) is an international organization founded in 1945 after the devastation of World War II, with the aim of maintaining international peace and security, promoting cooperation among nations, and ensuring respect for human rights. It is the most significant multilateral institution in the world today, with 193 member states. Historical Background • The League of Nations (1919) was the first international peacekeeping body but failed to prevent WWII. • In 1945, 51 countries met in San Francisco and signed the UN Charter. • The UN officially came into existence on 24th October 1945 (celebrated as UN Day). Aims and Objectives (as per UN Charter) 1. Maintain international peace and security. 2. Promote friendly relations among nations. 3. Achieve international cooperation in solving problems (economic, social, cultural, humanitarian). 4. Promote respect for human rights and fundamental freedoms. 5. Be a center for harmonizing the actions of nations. Organs of the United Nations (as per Chapter III of UN Charter) The UN consists of six principal organs: 1. General Assembly (GA) – Article 9 to 22 • Deliberative body with equal representation from all 193 member states. • Meets annually in September. • Discusses international issues and adopts resolutions (non-binding). 2. Security Council (UNSC) – Article 23 to 32 • Primary responsibility: Maintenance of international peace and security. • 15 members: 5 permanent (P5) with veto power, 10 non-permanent. • Resolutions are binding on all member states. 3. Economic and Social Council (ECOSOC) – Article 61 to 72 • Coordinates economic, social, and environmental work. • Works with 15 UN specialized agencies. • 54 members elected by General Assembly. 4. International Court of Justice (ICJ) – Article 92 to 96 • Judicial organ of the UN based in The Hague, Netherlands. • Settles legal disputes between states and gives advisory opinions. 5. Secretariat – Article 97 to 101 • Headed by the Secretary-General (currently António Guterres). • Administrative organ of the UN, implements decisions of other organs. 6. Trusteeship Council – Article 86 to 91 • Set up to oversee the administration of trust territories. • Became inactive in 1994 after the independence of Palau. Security Council (Articles 23–32) The Security Council is one of the six principal organs of the United Nations, entrusted with the primary responsibility for the maintenance of international peace and security, as laid out under Chapter V (Articles 23 to 32) of the UN Charter. 🔹 Article 23 – Composition of the Security Council • 15 members: • 5 Permanent Members (P5) – China, France, Russia, the United Kingdom, and the United States. • 10 Non-Permanent Members – Elected for 2-year terms by the General Assembly with due regard to equitable geographical distribution. • Non-permanent members are not immediately eligible for re-election. 🔹 Article 24 – Responsibility for Maintenance of International Peace and Security • The UNSC has primary responsibility for maintaining international peace and security. • In discharging this duty, it acts on behalf of all UN members. • The powers and functions of the UNSC are granted under Chapters VI, VII, VIII, and XII of the UN Charter. 🔹 Article 25 – Binding Nature of Security Council Decisions • All member states agree to accept and carry out the decisions of the Security Council in accordance with the Charter. • This makes Security Council resolutions binding, unlike General Assembly resolutions. 🔹 Article 26 – Regulation of Armaments • The UNSC, assisted by the Military Staff Committee, is responsible for formulating plans for the regulation of armaments. • Aimed at promoting peace with the least diversion of the world’s human and economic resources for armaments. 🔹 Article 27 – Voting Procedure • Each member of the Security Council has one vote. • Decisions on procedural matters: Need the affirmative vote of 9 members. • Decisions on substantive matters: Need 9 votes including the concurring votes of all 5 permanent members (i.e., veto power). • If even one P5 member votes against, the resolution fails. • Abstention by a permanent member is not considered a veto. 🔹 Article 28 – Participation in Meetings • The UNSC shall be so organized as to function continuously. • Each member shall have a representative present at all times. • The Council may hold meetings at any place it deems most convenient. 🔹 Article 29 – Establishment of Subsidiary Organs • The Security Council may establish subsidiary organs (e.g., peacekeeping missions, sanctions committees) as needed for performance of its functions. 🔹 Article 30 – Rules of Procedure • The UNSC adopts its own rules of procedure. • Includes the method of electing its President, agenda, meeting conduct, etc. 🔹 Article 31 – Participation of Non-Members • A UN member state which is not a member of the Security Council may be invited to participate without a vote in discussions if its interests are specially affected. 🔹 Article 32 – Participation of Non-Member States or Parties to a Dispute • If a non-member of the UN is party to a dispute under consideration by the UNSC, it shall be invited to participate (without…
Will under Muslim Law (Wasiyat) – An Analytical Overview A Muslim may transfer ownership in property in two ways: 1. During lifetime – e.g., gift (hiba) 2. After death – through a will (wasiyat) ✓ A gift takes effect immediately, whereas a will becomes operative only after the death of the testator. Definition of Will (Wasiyat) A Will (Wasiyat) signifies the last wish of a person regarding the distribution of their property after death. It is: • Ambulatory (takes effect after death) • Revocable (can be changed anytime during life) Justice Tyabji defines it as “a legal declaration of the intentions of a Muslim regarding his property to be carried into effect after his death.” ✓ No formalities are required. It can be oral or written, with no need for specific words, signature, or attestation. Important Terms: • Testator – The person making the will • Legatee – The person in whose favour the will is made • Legacy – The subject matter of the will • Executor – The person appointed to execute the will Requisites of a Valid Will 1. Testator must be competent • A Muslim of sound mind and above 18 years • Age determined by Indian Majority Act • A will by a minor is invalid unless ratified after attaining majority • A will obtained by coercion/fraud is invalid 2. Legatee must be competent • Any person capable of owning property (Muslim or non-Muslim, minor or insane) • Child in womb can be a legatee (within 6 months – Sunni; within 10 months – Shia) • Heirs cannot be legatees beyond 1/3 share without consent of other heirs • Bequest to non-Muslims is valid under all schools in India (due to Act 21 of 1850) • Manslayer cannot inherit under Hanafi Law (intentional killing – disqualified) 3. Subject of Bequest must be valid • Must be owned by the testator • Must be in existence at the time of death • Bequest of future property is invalid • Conditional or contingent bequests are void • Bequest must be unconditional 4. Testamentary Limitations • Only 1/3rd of net assets can be bequeathed without heirs’ consent • Consent by: • Sunni Law – After testator’s death • Shia Law – Before or after death • If testator has no heirs, full property can be bequeathed • If married under Special Marriage Act, governed by Indian Succession Act Example: Testator’s assets = Rs. 4000 Funeral + debts = Rs. 1000 Net = Rs. 3000 → 1/3rd = Rs. 1000 (can be bequeathed) Revocation of Will A Muslim can revoke their will anytime before death, either: • Expressly (oral, written, tearing or burning the will) • Impliedly, such as: • Sale or gift of bequeathed property • Material change or destruction of property • Creating a new will of the same property ✓ Mere denial or informal statement doesn’t revoke a will. Abatement of Legacies (Excess Bequests) ✓ Sunni Law – Rule of Rateable Proportion • If total bequests > 1/3rd → All reduced proportionately • Priority to Quranic obligations (faraiz), then wajib, and lastly nawafil Example: A: Rs. 30,000 B: Rs. 20,000 Total = Rs. 50,000 Estate = Rs. 75,000 → 1/3rd = Rs. 25,000 A gets Rs. 15,000, B gets Rs. 10,000 ✓ Shia Law – Rule of Chronological Priority • Earlier bequests are honoured first • Once 1/3rd is exhausted, later legatees get nothing Example: A: Rs. 20,000 → gets full B: Rs. 30,000 → gets Rs. 20,000 C: Rs. 40,000 → gets nothing (Estate = Rs. 1,20,000 → 1/3rd = Rs. 40,000) Key Points to Remember • Will must be made by a major, sane Muslim • It is valid for 1/3rd property without heirs’ consent • No formal requirement – can be oral/written • Can be revoked anytime • Bequest to heirs beyond 1/3rd needs consent • Rateable reduction in Sunni Law vs. Chronological Priority in Shia Law • Religious, charitable institutions can be valid legatees • If testator dies without heir, entire estate can be disposed via will Important Case Law • Husain Begum v. Mohd. Mehdi – Bequest of full property to one heir without consent is void • Damodar Kashinath Rasane v. Shahzadi Bi – Bequest exceeding 1/3rd is valid only to that extent without heirs’ consent Conclusion The concept of Will (Wasiyat) under Muslim law reflects a balance between the individual’s right of disposition and protection of legal heirs. The law ensures that justice prevails through limitations on excessive bequests and provisions for revocation, while also accommodating Islamic values of charity and piety. Start Your Preparation with TOA At Theory of Abrogation, we equip you with everything you need: •Subject-wise expert classes •Mock test series •Legal current affairs •Personalized mentorship for interview preparation “Your law degree is your foundation, but your preparation is what will build your success.” Join Our New Batch Now! Prepare smart. Prepare with Theory of Abrogation. Contact Us: 📍 B-109, Commercial Complex Dr. Mukherjee Nagar, Delhi-09 📞 +91 9971399324 | +91 8840961324 📧[email protected]
Mehr (Dower) in Muslim Law -Definition, Nature, Importance & Legal Aspects: Mehr, also known as dower, is an essential element of a Muslim marriage. It reflects the respect and responsibility of the husband towards his wife and is a legal obligation under Islamic law. This article explores the definition, nature, types, subject matter, and legal remedies related to Mehr or Mahr in Muslim law. • Definition of Mehr (Dower) Mulla defines dower as: “A sum of money or other property which the wife is entitled to receive from the husband in consideration of marriage.” According to K.P. Saxena: “Dower is a sum of money or any property promised by the husband to be paid to the wife as a mark of respect for the surrender of her person after the marriage contract.” ∆ Nature and Importance of Dower ✓ Islamic scholars and jurists differ on the exact nature of dower: • Justice Mitter in Saburannessa v. Sabdur Sheikh observed that marriage under Muslim law is a civil contract, but not like a contract of sale. • Fitzgerald rejected the view of dower being the bride’s price. • Baillie and Abdur Rahim emphasized that dower is an obligation imposed by law as a mark of respect for the wife. • Hedaya mentions: “Dower is enjoined by law as a token of respect for its object — the woman.” ✓ Dower is not a consideration for marriage but a symbol of honor and protection. ∆ Objectives of Dower in Muslim Law 1. To honor the wife by imposing a financial obligation on the husband. 2. To check arbitrary use of divorce by the husband. 3. To support the wife after dissolution of marriage (by death or divorce). ∆ Subject Matter of Dower Anything recognized as property can be a valid subject of dower. Examples include: • A handful of dates (Abu Daud) • A pair of shoes (Tirmizi) • Husband’s services (if he is a slave or agrees to serve) • Teaching the Quran (Traditions) ∆ Minimum & Maximum Amount of Dower • Hanafis: Minimum – 10 dirhams • Malikis: Minimum – 3 dirhams • Shafiis & Shias: No minimum ✓ Some Shia sects prefer not to exceed 500 dirhams, the amount fixed for Fatima (RA), daughter of Prophet Muhammad ﷺ. ∆ Types of Dower (Mehr) 1. Specified Dower (Mehr-i-Musamma) • Agreed upon at the time of marriage or after. • Subdivided into: • Prompt (Mehr Mu’ajjal) – Payable immediately on demand • Deferred (Mehr Mu’wajjal) – Payable on dissolution of marriage Note: • If no mention is made of prompt or deferred, Shia Law treats the entire dower as prompt, while Sunni Law refers to custom or status to divide the amount. 2. Unspecified Dower (Mehr-i-Misl) • Not fixed during or after marriage. • Determined based on: • Social status of wife’s family • Her age, beauty, intellect, character • Comparison with dowers of her female relatives • Conditions for Payment of Dower 1. If marriage is consummated & ends by death: • Full specified dower or proper dower is payable. 2. If marriage not consummated & ends by divorce: • Husband must pay half of specified dower (regular marriage). • If unspecified, a present of three articles is enough. 3. If wife seeks divorce or marriage is irregular: • No dower is payable. • Legal Remedies for Non-Payment of Dower 1. Right to Refuse Cohabitation • Before consummation, wife can refuse to live or cohabit until prompt dower is paid. • Court will not enforce conjugal rights unless dower is paid. (Case: Nasra Begum v. Rizwan Ali, AIR 1980 All 118) 2. Dower as Debt • Dower is treated as a legal debt. • Wife has equal rights with other creditors after husband’s death. (Case: Ameeroon Nissa v. Moorad Unnissa, 1855) 3. Right of Retention • Widow who lawfully possesses husband’s property can retain it until dower is paid. • She cannot transfer/sell the property. (Case: Maina Bibi v. Chaudhary Vakil Ahmad, 1925) • Conclusion Mehr is not merely a financial transaction; it is a moral, social, and legal obligation in Islam. It reflects the dignity of women, secures their future, and serves as a check on irresponsible marital behavior. Islamic law provides comprehensive safeguards to ensure that women are not deprived of their lawful rights. Start Your Preparation with TOA At Theory of Abrogation, we equip you with everything you need: •Subject-wise expert classes •Mock test series •Legal current affairs •Personalized mentorship for interview preparation “Your law degree is your foundation, but your preparation is what will build your success.” Join Our New Batch Now! Prepare smart. Prepare with Theory of Abrogation. Contact Us: 📍 B-109, Commercial Complex Dr. Mukherjee Nagar, Delhi-09 📞 +91 9971399324 | +91 8840961324 📧[email protected]
Schools of Muslim Law (Madhahib): An In-Depth Overview: •Introduction The schools of Muslim law, also known as Madhahib (singular: Madhhab), represent diverse interpretations of Islamic jurisprudence developed by prominent scholars. Rooted in the Quran, Sunnah, Ijma (consensus), and Qiyas (analogy), these schools provide frameworks for legal reasoning (ijtihad) across various regions and cultures of the Muslim world. ✓ Factors Behind the Formation of Schools • Several key factors contributed to the emergence of different schools of Muslim law: 1. Geographical Spread As Islam expanded into different parts of the world, scholars adapted legal rulings to local customs and cultural practices. These adaptations resulted in the formation of regionally distinct madhahib. 2. Legal Reasoning (Ijtihad) Early Islamic scholars practiced ijtihad, deriving rulings independently from the Qur’an and Sunnah. Their varied approaches and methodologies gave birth to different schools of thought. 3. Diverse Juridical Methods Each madhhab developed its own principles of interpreting Shariah sources: • Hanafi: Emphasized istihsan (juristic preference) and custom • Maliki: Gave weight to the practice of the people of Madinah • Shafi’i: Focused on qiyas (analogy) and systemized legal theory • Hanbali: Followed textual evidence strictly and minimally used analogy • The Four Major Sunni Schools of Law: 1. The Hanafi School Founder: Imam Abu Hanifa (699–767 CE) Region: Widely followed in India, Pakistan, Turkey, Afghanistan, Egypt, and parts of Central Asia. Key Features: • Relatively less dependence on Hadith unless they are of unquestionable authenticity • Strong emphasis on Qiyas (analogy) • Introduction of Istihsan (juristic preference) for fairness in unique cases • Broader scope of Ijma (consensus) Notable Students: Imam Abu Yusuf, Imam Muhammad al-Shaybani — instrumental in spreading and documenting Hanafi jurisprudence. Fun Fact: The Hanafi school is followed by over one-third of Muslims worldwide. 2. The Maliki School Founder: Imam Malik ibn Anas (711–795 CE) Region: North and West Africa, Bahrain, Kuwait, and parts of the Arabian Peninsula. Key Features: • Strong reliance on traditions of the Prophet (Hadith) • Acceptance of Amal Ahl al-Madinah (practice of the people of Madinah) as a legal source • Use of al-Masalih al-Mursalah (public welfare) — a unique principle • Limited use of Qiyas only when no clear text exists Legacy: Imam Malik’s Muwatta is one of the earliest and most authentic collections of Hadith. 3. The Shafi’i School Founder: Imam al-Shafi’i (767–820 CE) Region: Egypt, parts of Syria, Lebanon, Indonesia, Malaysia, Yemen, Palestine, and East Africa. Key Features: • Clear hierarchy of sources: Qur’an → Sunnah → Ijma → Qiyas • Rejected Istihsan (Hanafi) and Masalih Mursalah (Maliki) • Emphasis on legal methodology — authored Al-Risalah, a foundational book in Usul al-Fiqh (principles of Islamic jurisprudence) Notable Pupil: Ahmad ibn Hanbal, who later founded his own school. ∆ Known for its balance between textual evidence and rational deduction. 4. The Hanbali School Founder: Imam Ahmad ibn Hanbal (780–855 CE) Region: Saudi Arabia (official school), parts of Syria, Iraq, and the Gulf. Key Features: • Strict adherence to Qur’an and Sunnah • Use of weak (da’if) Hadith when necessary • Restrictive use of Qiyas and Ijma • Rejected analogical and public interest reasoning unless absolutely needed Hanbali school forms the legal foundation of Saudi Arabia’s modern legal system. Extinct Sunni Schools Although four schools survived and flourished, some others became extinct over time: • Awzai School – Prominent in 2nd century AH • Zahiri School – Rejected analogy and relied solely on literal texts • Tabari School – Formed by historian and jurist Al-Tabari • Final Thoughts: Why Understanding Madhahib Matters The diversity of Sunni schools of Muslim law reflects the intellectual richness of early Islamic jurisprudence. Each school emerged from sincere efforts to apply divine guidance in different social contexts. Though distinct, they all remain united in core beliefs and reverence for the Qur’an and Sunnah. ✓Start Your Preparation with TOA At Theory of Abrogation,we equip you with everything you need: •Subject-wise expert classes •Mock test series •Legal current affairs •Personalized mentorship for interview preparation “Your law degree is your foundation, but your preparation is what will build your success.” ✓ Join Our New Batch Now! Prepare smart. Prepare with Theory of Abrogation. Contact Us: B-109, Commercial Complex Dr. Mukherjee Nagar, Delhi-09 +91 9971399324 | +91 8840961324 [email protected]
Most important questions of Muslim law
•Most Important Questions of Muslim Law Q.1. Who is a Muslim? How far IJMA is a source of Muslim law? Can IJMA be used for the further development of Muslim law? Q.2.Discuss the various sources of Muslim Law. Q.3.Write a note on the schools of Sunnis. Q.4.Marriage among Muslim law is not sacrament,but purely a civil contract.Discuss this statement with reference to the contractual nature of a Muslim marriage. Q.5.Examine the validity of the following: (i) A marriage with a woman undergoing iddat (ii) A marriage with a wife’s sister after the death of wife Q.6.Write short notes on the Nature of Muslim Marriage. Q.7.In Abdul Kadir v. Salima, (1886) 8 All 149,Justice Mahmood stated, “Marriage among Muslims is not a sacrament but purely a civil contract.”On the other hand,another noted scholar of Muslim Law, Abdul Rahim states that marriage among Muslims is both an Ibadat (devotional act) as well as muamlat (dealings among men). In the light of these statements, discuss the exact nature of Nikah,pointing out its essentíal features and referring to case-law wherever required. Q.8. What relations are prohibited from marrying on the ground of consanguinity,by a Muslim male? (RJS 1986) Q.9. Distinguish between ‘Batil’ and ‘Fasid’ marriage. In which category will you place the following:- (a) Marriage with a woman undergoing Iddat. (b) Simultaneous marriage with two consanguine sister. (c) Marriage with a fifth wife during the life time of four wives. (d) Marriage with a Christian woman. (e) Marriage in contravention of the rule of Kufr. Q.10. How can irregular marriages be made under the Muslim Law? (DJS 2015) Q.11. ‘State briefly the Muslim Law of Dower’.How far does it differ from the Hindu Law of Maintenance?A husband agrees to give his wife as Dower next years crops.The Wife files a suit to recover the same.Decide the suit. Q.12.(A) Explain what is “Mehr” in relation to a Muslim marriage. Can its payment be deferred either wholly or in part? (B) Whether “Mehr” can be termed as debt and thus a charge on the property ot the husband? (C) Can the payment of the ‘Mehr’ be excused, if so, by whom? Q.13. Write short note on Mehar-i-Misal. Q.14. State the nature and kinds of Mahr.Whether a Muslim widow can retain her husband’s property in lieu of Mahr? Whether right to receive Mahr and enjoyment of the property is transferable or heritable. Discuss with the help of Maina Bibi’s Case? Q.15.What is the nature of widow’s right of retention of the husband’s property in case her dower remains unpaid?Whether this right of retention is heritable and transferable?.Give views of the various High Courts. Q.16.Write short note on Iddat. Q.17. Distinguish between ‘Talaq-ul-biddat’ and ‘Talaq-ul-sunnat’ and state when ‘Talaq’ becomes irrevocable. Q.18. Draw distinction between the following: Ahasan Talak and Hasan Talak. Q.19. Write short note on Khula. (RJS 1971) Q.20. On what grounds a Muslim wife can seek dissolution of her marriage? Q.21.What do you understand by “cruelty by the husband” under the Dissolution of Muslim Marrlage Act, 1939? (RJS 2014) Q. 22. (a) Distinguish between ahsan talaq,hasan talaq and talaq-e-tafwiz. (b) Explain the concepts of khula and mubaraat. (c) What are the grounds of dissolution of marriage available to a Muslim wife under the Dissolution of Muslim Marriage Act, 1939? (DJS2008) Q.23. Write short but critical note on Guardianship in marriage. Q.24. “A” is mother of a minor Muslim “B”.She sells “B’ s” immovable property for his necessities and benefits. “A” is de facto guardian of “B”.Discuss the validity of the saie..[UPJS 2012] Q.25. Discuss briefly the rules of Muslim law with regard to legitimacy of a child.What is the effect of acknowledgment of legitimacy? Q.26. Stating the concept of presumption of legitimacy under Muslim Law,point out the differences between Muslim Law and Section 112 of Indian Evidence Act in this regard. Q.27. The law of adoption is unknown to Muslim Law. In this connection explain the meaning of acknowledgment of paternity under Muslim Law. Q.28. Write short note on Maintenance of a wife. Q.29. To what extent is a Muslim husband bound to maintain his wife?Explain.(UPJS 1985) Q.30. Write short note on testamentary guardian and his powers. Q.31. Write short note on Hizanat. Q.32. Who are the Guardians of a Muslim minor under Muslim Law?.(DJS1999) Q.33. What is meant by Khayar al-bulugh or “option of puberty”? ( DJS 2008) Q.34. What are the general principles of succession under the Hanafi Law?Explain. Q.35. Write short note on classification of heirs under the Shia Law of Inheritance Q.36. (a) What do you mean by doctrines of ‘Aul and Radd’. (b) (i) A Muslim woman died leaving her husband and two sisters. How her property will devolve? (ii) A Muslim male died leaving his mother, widow and daughter. How much share they will get? Q.37. Define “Residuaries” under the Muslim Law. .(RJS 1986) Q. 38. Distinguish between hiba and hiba-bil-iwaz.Illustrate our answer. Q.39. What are the constituents of a valid ‘Hiba’ ? Can a valid gift be made in favour of a Non-Muslim? Q.40. Explain the nature of ‘Hiba-ba-shar-tul-iwaz’ and how far it is distinguishable from the incidents of sale? Q.41. Explaining the essential conditions of a valid gift under the Muslim Law,state the circumstances, if any, when transfer of possession is not necessary for making gift. Q.42. Write short note on Gift made during Murz-ul-Maut. Q.43. A maternal grand father made a gift in favour of his newly born grand child.The mother of the child accepted the gift on behalf of the minor. Is this gift valid under Muslim Law. Q.44. What is limited estate? Does Muslim law recognise the transfer of limited estate? Refer.to decided cases..(UPJS 1991) Q.45. “Life estate is unknown to Muslim Law as administered in India, but life interest can be created” [UPJS 1999] Q.46. When and how can a gift be revoked by a donor under Muslim law? In what cases the power to revoke comes to an end? Discuss. (UPJS…
Sec. 187 BNSS (corresponds to sec. 167 CrPC) Procedure when investigation cannot be completed in twenty-four hours.
Section 187 of BNSS (corresponds to sec. 167 CrPC) deals with the procedure to be followed when the investigation of a case cannot be completed within 24 hours (the time limit prescribed by Section 58 (57 CrPC) for producing an arrested person before a Magistrate). Sec. 187. (1) Whenever any person is arrested and detained in custody, and it appears that the investigation cannot be completed within the period of twenty-four hours fixed by section 58, and there are grounds for believing that the accusation or information is well-founded, the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of sub-inspector, shall forthwith transmit to the nearest Magistrate a copy of the entries in the diary hereinafter specified relating to the case, and shall at the same time forward the accused to such Magistrate. (2) The Magistrate to whom an accused person is forwarded under this section may, irrespective of whether he has or has no jurisdiction to try the case, after taking into consideration whether such person has not been released on bail or his bail has been cancelled, authorise, from time to time, the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole, or in parts, at any time during the initial forty days or sixty days out of detention period of sixty days or ninety days, as the case may be, as provided in sub-section (3), and if he has no jurisdiction to try the case or commit it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction. (3) The Magistrate may authorise the detention of the accused person, beyond the period of fifteen days, if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the detention of the accused person in custody under this sub-section for a total period exceeding— (i) ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of ten years or more; (i) sixty days, where the investigation relates to any other offence, and, on the expiry of the said period of ninety days, or sixty days, as the case may be, the accused person shall be released on bail if he is prepared to and does furnish bail, and every person released on bail under this sub-section shall be deemed to be so released under the provisions of Chapter XXXV for the purposes of that Chapter: (4) No Magistrate shall authorise detention of the accused in custody of the police under this section unless the accused is produced before him in person for the first time and subsequently every time till the accused remains in the custody of the police, but the Magistrate may extend further detention in judicial custody on production of the accused either in person or through the audio-video electronic means. (5) No Magistrate of the second class, not specially empowered in this behalf by the High Court, shall authorise detention in the custody of the police. Explanation I.—For the avoidance of doubts, it is hereby declared that, notwithstanding the expiry of the period specified in sub-section (3), the accused shall be detained in custody so long as he does not furnish bail. Explanation II.—If any question arises whether an accused person was produced before the Magistrate as required under sub-section (4), the production of the accused person may be proved by his signature on the order authorising detention or by the order certified by the Magistrate as to production of the accused person through the audio-video electronic means, as the case may be: Provided that in case of a woman under eighteen years of age, the detention shall be authorised to be in the custody of a remand home or recognised social institution: Provided further that no person shall be detained otherwise than in police station under police custody or in prison under judicial custody or a place declared as prison by the Central Government or the State Government. (6) Notwithstanding anything contained in sub-section (1) to sub-section (5), the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of a sub-inspector, may, where a Magistrate is not available, transmit to the nearest Executive Magistrate, on whom the powers of a Magistrate have been conferred, a copy of the entry in the diary hereinafter specified relating to the case, and shall, at the same time, forward the accused to such Executive Magistrate, and thereupon such Executive Magistrate, may, for reasons to be recorded in writing, authorise the detention of the accused person in such custody as he máy think fit for a term not exceeding seven days in the aggregate; and, on the expiry of the period of detention so authorised, the accused person shall be released on bail except where an order for further detention of the accused person has been made by a Magistrate competent to make such order; and, where an order for such further detention is made, the period during which the accused person was detained in custody under the orders made by an Executive Magistrate under this sub-section, shall be taken into account in computing the period specified in sub-section (3): Provided that before the expiry of the period aforesaid, the Executive Magistrate shall transmit to the nearest Judicial Magistrate the records of the case together with a copy of the entries in the diary relating to the case which was transmitted to him by the officer in charge of the police station or the police officer making the investigation, as the case may be. (7) A Magistrate authorising under this section detention in the custody of the police shall record his reasons for so doing. (8) Any Magistrate other than the Chief Judicial Magistrate making…
Immovable property, profit a prendre and doctrine of fixtures
Section 3 Interpretation Clause Immovable Property Immovable Property Stating simply Immovable property means the property which can not be moved from one place to another. According to Section 3 of the Transfer of Property Act “immovable property” does not include standing timber, growing crops or grass. The definition of the term “immovable property” in this section is a negative definition. It is not a comprehensive, and exhaustive definition. It merely excludes standing timber, growing crops or grass. The positive definition of immovable property has been given in section 3(26) of General Clauses Act, 1897. According to this section immovable property includes land, benefits to arise out of land and things attached to the earth, or permanently fastened to anything attached to the earth. The definition given under the General Clauses Act, 1897 applies to the Transfer of Property Act, 1882 also (Babulal v Bhawani, 1912). Thus, the definition of immovable property given in Section 3 of The Transfer of Property Act, 1882 and under the General Clauses Act, 1897 both explain the definition of immovable property that immovable property includes the following elements: Land Benefits to arise out of land and Things attached to the earth: (a) things embedded in the earth; (b) things attached to what is so embedded in the earth; (c) things rooted to the earth except:- (i) standing timber, (ii) growing crops, or (ii) growing grasses Land. Land means surface of the land, and what is below, upon and under the surface of the land. The soil, mud, water, pond and river are also the part and parcel of the land. Sub-soil of the land, minerals, coals and gold mines are immovable property. The space which are above the surface of the land is also immovable property because of the fact that space starts just above the surface of the land. Benefits to arise out. of land-The benefits to arise out of land are immovable property. Any right exercise by a person on a piece of land and gets certain profit that is his intangible-immovable property. The right to way on a land or right to use a land under lease or tenancy is Immovable property. The right of a tenant to live in the house of land-lord and right to catch the fish from the pond or river are also an immovable property. The rights of ferry on river or lake waters by boats or steamers are immovable property as water of river or lakes are benefits to arise out of land and thus immovable property. Likewise right to extract coal or gold from the mines are immovable property. Profit à prendre Profit à prendre is a legal right that allows an individual to enter another person’s land and take some part of the land’s natural produce or resources. This could include things like minerals, timber, or even fish. Essentially, it is a right to extract and remove something from the land. For example, if someone has a profit à prendre to fish in a lake on someone else’s property, they have the right to enter the land, fish, and take the fish away. This right can be granted through an agreement or can be acquired by prescription (long-term use). A right to enter upon the land of another and carry a part of the produce is an instance of profits a pendre ie. benefit arising out of land, and therefore a grant in immovable property.(SHANTA BAI V STATE OF BOMBAY 1958 SC) Ananda Behera v State of Orissa 1956 SC Case Summary: Context: Petitioners obtained oral licenses from the Raja of Parikud to catch and appropriate fish from Chilka Lake, paying significant sums and receiving receipts. This occurred before the Orissa Estates Abolition Act of 1951, which transferred ownership of the estate to the State of Orissa. Issue: The licenses were for periods after the estate vested in the state. The State of Orissa refused to recognize these licenses and sought to reclaim the fishery rights. Petitioners’ Argument: They claimed their fundamental rights under Articles 19(1)(f) and 31(1) of the Constitution were infringed, arguing the transactions were sales of future goods (fish), not immovable property. Court’s Decision: The court held that the right acquired was a license to enter the land and catch fish (profit à prendre), which is considered immovable property under the Transfer of Property Act and the General Clauses Act. Since the sale of this right was valued over 100 rupees and was not in writing or registered, it violated Section 54 of the Transfer of Property Act, meaning no title or interest passed to the petitioners. Fundamental Rights: The court found no fundamental rights were infringed as the state did not confiscate or take possession of the contract but merely refused to recognize it, which could lead to a contractual dispute but not a constitutional one. 3.Things attached to earth. -According to Section 3 of the Transfer of Property Act, 1882 expression things attached to earth’ means (i) rooted in the earth, as in the case of trees and shrubs, (ii) embedded in the earth, as in the case of walls or buildings; or (iii) attached to what is so embedded for the permanent beneficial enjoyment of to which it is attached. Things rooted to the earth-Rooted in earth as in the case of trees and shrubs. The trees, plants shrubs and herbs are rooted in the earth firmly they are called immovable property. When they are cut down their position are changed and they come under the category of movable property. But according to Section 3 of the TPA as an exception to this general rule are standing timber, growing crops and grass are movable properties. (ii) Things embedded in the earth– As in the case of walls or buildings which are fixed in the earth and become part of the land. Electricity poles, houses, buildings, walls are immovable properties because they are things embedded in the earth. Where the things are just placed…
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