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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

12 Maxims of Equity

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12 Maxims of Equity Maxims of Equity Equity in law refers to a set of principles that aim to achieve fairness and justice when the strict application of legal rules might result in an unfair outcome. The principles of equity are often summarized in maxims, which serve as guidelines for courts in deciding cases based on fairness. In this article we will discuss 12 most important maxims of equity. He who seeks equity must do equity Meaning If you want the court to help you, you must be fair and just in your own actions. Example This maxim is incorporated under Order 8, Rule 6 of the CPC, as the doctrine of set-off. Suppose A goes to court and claims 1000 rupees due from B. B claims in a same suit 300 rupees due to him from A. If A wants courts to do equity (grant him his 1000 rupees) he should also do equity (should also return to B his 300 rupees) Example Imagine a tenant who has not paid rent for several months. If this tenant goes to court asking for protection against eviction, the court will expect the tenant to be willing to pay the overdue rent. The tenant must act fairly by paying what is due if they want the court’s help. Equity will not suffer a wrong to be without a remedy Meaning If someone has been wronged, the court will find a way to provide a remedy, even if the existing laws do not offer a clear solution. It is based on Latin maxim “Ubi jus ibi remedium” which means “where there is a right, there is a remedy.” Principle This principle means that if a legal right has been violated, the law must provide a way to enforce that right or offer compensation. Example Imagine someone takes your land by cheating you out of it. The strict law might not have a specific solution to give your land back if the papers are all legal. However, based on this maxim, the court will ensure that some remedy (such as getting the land back or compensation) to be given to you as a remedy. Leading Case on where there is a right there is a remedy Ashby v. White 1703 is a landmark English case. Facts Plaintiff: Mr. Ashby, a qualified voter. Defendant: Mr. White, a constable. Incident: Mr. Ashby was wrongfully prevented from voting by Mr. White. The candidate whom Ashby wanted to vote won the election in spite of that. Reasoning Plaintiff’s Argument: Ashby argued that even the candidate whom he wanted to vote has won the election but still his right to vote, was violated. He sought damages for this infringement. Defendant’s Argument: White contended that since Ashby’s preferred candidate won, no actual damage was suffered, and thus no compensation was warranted. Conclusion Court’s Decision: The court, led by Chief Justice Holt, ruled in favor of Ashby. It was held that the right to vote is a common law right, and any obstruction of this right should give rise to a cause of action, regardless of whether tangible damage occurred. Legal Principle: The decision in Ashby v. White set a principle that there is a legal remedy available for any infringement. Equity regards as done what ought to be done Meaning The court treats things that should have been done as if they were actually done. Example Suppose a person agrees to sell a piece of land to another person and receives the payment. However, the formal transfer of the land (registration) hasn’t been completed yet. If a dispute arises, the court will treat the land as already transferred to the buyer because the seller has received the payment and should have completed the transfer. Application of this maxim in India   Section 40 of TPA Illustration A contracts to sell Sultanpur to B. While the contract is still in force he sells Sultanpur to C, who has notice of the contract. B may enforce the contract against C to the same extent as against A. Principle If a person has promised or is obligated to do something, they should be treated as if they have fulfilled that promise, even if they haven’t done it yet. Equity is equality Meaning The maxim “equity is equality” ensures that the court tries to treat everyone equally and fairly, especially in cases involving division of assets or benefits. Example A, B and C bind themselves as sureties for a debt of Rs. 3,000/- advanced by X to Y. On Y’s failure to pay off the debt, X has a right to recover the whole amount from any of the three and if A has been compelled to pay the whole and cannot obtain indemnity from Y he (A) is entitled to a contribution of one-third from B and the other one-third from C and has to bear only the remaining one-third for himself. Principle Here the contribution is not the result of contract but is based upon the principle of natural justice. The statutory applications of this doctrine under the Indian Law are :- (i) Section 43 of the Indian Contract Act, 1872, which entitles a co-promisor who has performed the promise to compel other joint-promisors to contribute equally; (ii) Section 146 of the Indian Contract Act, 1872 provides for contribution among co-sureties ; (iii) Section 27 of the Indian Trust Act, 1882 which provides for contribution among co-trustees in case of a breach of trust; whether breach of trusts was committed jointly or where one of the trustees by his neglect enables the other to commit a breach of trust. (iv) Section 82 of the Transfer of Property Act, 1882 provides for contribution to the mortgage debt by the co-mortgagors. Example 1 (Contract for Sale of Property): Situation: You entered into a contract to buy a piece of land from a seller. You paid the full amount, but the seller hasn’t transferred the land to you. Court’s Action: The court can apply…

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art 5 to 11

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  Category Description Illustration Case Law Citizens Enjoy all civil and political rights. – Articles 15, 16, 19, 29, and 30 are only for Indian citizens.<br>- Right to vote in elections to the Lok Sabha & state legislative assembly.<br>- Right to contest for membership of Parliament & state legislature.<br>- Can hold public offices such as President, Vice President, judges of SC & HCs, governor of states, attorney general of India & advocate general of states.<br>- Article 51A imposes 11 fundamental duties only on citizens. – Aliens Do not enjoy all civil and political rights. – Friendly aliens: Subjects of countries with cordial relations with India.<br>- Enemy aliens: Subjects of countries at war with India. – Natural Persons Living human beings. Examples: Men, women, and children. – Legal Persons Entities deemed to exist in the eye of law. Examples: Corporations, companies, institutions, universities, banks, railways, colleges, temples, hospitals, clubs, idols, etc. – Article 5 Persons domiciled in India. – Born in India.<br>- Either parent born in India.<br>- Resident in India for five years before the commencement of the Constitution. Pardeep Jain v. Union of India, 1984: Recognizes only one domicile, viz. domicile of India. Article 6 Persons migrated from Pakistan. – – Article 7 Persons migrated to Pakistan but later returned. – – Article 8 Persons of Indian origin residing outside India (overseas Indians). – – Article 9 No person shall be a citizen of India if they have voluntarily acquired the citizenship of any foreign state. – – Article 10 Continuation of citizenship. – – Article 11 Parliament’s power to regulate citizenship. – – Acquisition of Citizenship (Citizenship Act, 1955): Birth Descent Registration Naturalisation Incorporation of territory Loss of Citizenship (Citizenship Act, 1955): Renunciation Termination Deprivation

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Literal Rule of Interpretation of Statutes

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Literal Rule of Interpretation of Statutes The knowledge of exact interpretation is based on the capability to study what is conveyed in plain language, reread the lines, scan ‘through’ the provision, catechize the intent of the Legislature, and vociferate against case laws and other aids to interpretation. This article concentrates on the guidelines to be kept in mind while applying it and the critique of this rule has been discussed in this article. Introduction The Latin term ‘interpretation’, out of which the term ‘interpretation’ is concluded, indicates conveying or simplifying especially the real significance of something. It is an imitation by which the court seeks to discover the true definition of the statute and decide the purpose of the legislature i.e. correct understanding of the law. The functions of Judges in interpreting statutes are twofold. First as per the exact meaning of what the legislature has said (express). Second is what the legislature intended to have said (intending). Interpretation is the main feature of a court and some elements that have been developed out of the continual activity by the court are known as rules of interpretation. These rules out ambiguity. When the words of statutes are unclosed to more than one interpretation, then the court will have to choose the purpose of the legislature which is used in approving a statute portraying the true purpose of the legislature and these elements are Literal Rule, Golden Rule, and Mischief Rule. Need for Interpretation of a Statute The purpose of the interpretation of statutes is to settle down the purpose of the legislature communicated specifically or implicitly in the language used. Interpretation is as old as language. Detailed interpretation regulations were improved even at a very primal stage of the Hindu society and culture. The significance of escaping literal interpretation was also exhausted in varied ancient textbooks-“Merely following the texts of the law, opinions are not to be untainted, for, if such decisions are deficient in equity, a gross failure of Dharma is caused.”[1] We can say, that the interpretation of statutes is needed for two basic reasons i.e. to realize: Legislative language- • Legislative language may be complex for a layman, and hence may need interpretation, and Legislative Intent- The intention of legislature or Legislative intent equates to two aspects: The concept of ‘meaning’, i.e. what the word means; and The concept of ‘purpose’ and ‘object’ or the ‘reason’ or ‘spirit’ penetrates through the statute. The statute must be read as a whole in the context The statute must be construed to make it effective and workable The process of construction combines both the literal and purposive approaches. The purposive construction rule highlights that you should shift from literal construction when it leads to absurdity. Literal Rule of Interpretation This rule is also known as the grammatical rule of interpretation or the plain meaning rule. This rule states that the words used in the legal text are to be explained or understood in their natural or simple or dictionary meaning. • This rule is considered to be the most important and safest rule of interpretation. It is the first rule applied by the judges. It is only applied if the language or words of the legal statute are crystal clear and there is no confusion. The law has to be considered as it is and judges cannot go beyond ‘litera legis’ i.e. letter of law. The words of the statute are to be understood in their natural, ordinary, and popular sense. Rules to be followed in Literal Rule of Interpretation Ejusdem Generis The term “ejusdem generis” means “of the same kind”.  According to this rule, if several enumerations belonging to the same genus are used in a provision, the meaning of the general word following them gets restricted to that genus only. If the law refers to cars, trucks, tractors, bikes, and other motor-powered vehicles, then it shall only include roadways and no other mode of transport. Regina v. Edmundson[2] In this case, Campbell set out the principle of interpretation known as ‘ ejusdem generis’. This rule provides that if there is a series of some particular words then the word following that series must be about that series. This helps judges to restrict the wide ambit of the general expression. Thus the requirements for the application of ejusdem generis are there must be the enumeration of specific words, the general term must follow a specific term, there must be no different intention of the legislature to the general term, the series of enumerations should constitute class or category and the category should not be exhausted. Evans v. Cross[3] In this case, the court had applied the ejusdem generis rule. Section 48(9) of the Road Traffic Act, of 1930 was in question. The definition of “traffic signals” under Section 48(9) of the Road Traffic Act, of 1930 includes all signals, warning signposts, signs, or other devices. Casus Omissus The term “casus omissus” means cases of omission. That means omission in a statute cannot be supplied by construction. The court can interpret the law but cannot legislate. S.P.Gupta v. President of India[4] In this case, the court held that when the language of a statute is clear and unambiguous there is no room for application of the doctrine of casus omissus. Jacob Mathew v. State of Punjab In this case, Section 304-A IPC was construed by applying casus omissus. This section provides that whoever causes the death of any person by doing any rash/negligent act not amounting to culpable homicide shall be punished with imprisonment of a maximum of 2 years or a fine or both. Here, the court supplied the word “gross” for rash and negligent acts. And the court said that there is no omission, it is just to make legislative intent much more clear. R v. Inhabitants of Sedgley In this case, the Poor Relief Act 1601 levied taxes on ‘lands, houses and coal mines’. There was an issue of whether the taxes could be levied on owners of…

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Right To Education

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Life these days without education is hard to survive. Education is the only process to govern the life process smoothly. Without education man is like an animal, every single person has the right to education as a fundamental right for this The government introduced the right to education in our Indian constitution for free and compulsory education to all children aged 6 to 14. What is education? Education is an important or purposeful activity based on which person pulls himself/ herself towards achieving a goal due to lack of it, they don’t know about their right. Educating the mind without educating the heart has no educating at all. ( Aristotle) So in our Indian constitution Right to education was introduced from the 86th Amendment Act 2002 to Article 21A as a fundamental right no child shall be deprived of getting an education to the age of 6 to 14. Child labor: In India, there are several families whosoever not send their children to school because of the lack of money, Due to this cause they send their children to earn money to work at dangerous places, but some people hire these children to work in their organization but in our Indian constitution, it is crime to hire child up to the age of 6 to 14. Therefore kids are still involved in work in these types of places to get some money for their families. The situation of India in Ancient times as well as present time in regards to education: In Ancient times in India, even people were not aware of the importance of education. if we look at the situation of girls in our society families just believe that girls are born to stay at home and do household chores and when they become adults or when they reach the age of 18 years, they get married to someone and go their home but the situation Is different after marriage when the dispute arises between husband and wife and husband would not agree to continue to his marriage ceremony then he leaves his wife without any support. Now my question is who damn responsible for the situation of girls? Only our society and their morals don’t want to see the girl child move forward, education is the only source based on which girls can improve their situation. Hence on 26 JANUARY 1950, our Indian constitution was reinforced. It had in its Article 45 a Directive principle promising free and compulsory education for all children until the age of it. This was to be attained within 10 years. Sarv Siksha Abhiyan In the year 2005 in the government of ATAL BIHAR BAJPAI, Prime Minister Atal Bihari Bajpai introduced Sarv Siksha Abhiyan in the form of giving free education to all children up to the age of adolescence. They provide free dress, meals, and books to the school for the families who were not able to afford these expenses. Then in the year of 2009 Article 21(A) introduced the Right to education as a fundamental Right from the 86th Amendment Act 2002 ( education for 6 to 14-year-old children), if we talk about children with learning disability like mentally disabled children or child unable up understand anything properly or PWD it is 6 to 18. Unikrishnan Judgment This enforced and acquired admission into schools Several public interest litigation petitions were filed in different High Courts. This created tremendous pressure on the parliament and after that a proposal Constitutional Amendment including the right to education as a fundamental right was made in 1996. The 83rd Amendment Act that Article 2(A) be introduced former Article 45 be repelled or omitted and Article 51(A) fundamental duty of parent now admitted, though the parent and neighborhood must send their child and get recognized in school until the age of 6 to 14. And the school also must admit a child according to their age in the appropriate class. Now we can see the state of Rajasthan that this state regulates lots of missions to encourage parents to get admitted to their wards in school, One instance is in the year 2022 the Rajasthan government provided milk for the children of primary class two days a week and they also provided the scholarship to for the girls who get 90% marks in high school or more then government provides scholarship up to the rupees 21000 of each year after 10 ( 11 or 12th std) and if a girl gets a secure high percentage in 12 board then Rajasthan Government must afford their expense for further studies in abroad. Conclusion: The RTE Act was introduced to educate the economically weaker child. The government must see the situation of our country and if somebody hires a child up to the age of 14, they must suffer imprisonment and be punished with a high penalty. As a law student, my only opinion is that Education is a topic under the concurrent list in the seventh schedule this RTE Act lays down specific policies followed by the central government. The state shall provide 25% reservation for economically weaker sections in government schools as well as in private institutions. No child shall be expelled from the class till 8 because this act goes a long way in ensuring no kid misses out on their elementary education. Provide a proper teacher-student ratio in the school because these days the burden of student classes going on, based on which teacher would not concentrate individually on every student. Provide quality education to the children and hire trained teachers for the students.   Written By Sabreen Sheikh

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July Month Magazine Current Affairs 2023 Presented by TOA

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The month of July 2023 developed as a gripping chapter in the worldwide storyline in the fast-paced world of current affairs. With a wide range of noteworthy occurrences in the fields of politics, technology, the environment, and more, this month offered a fascinating tapestry of innovations that kept the globe interested and informed. We set out on a mission to discover the crucial events that shaped July 2023 on a worldwide scale as we go deeper into this magazine. This magazine seeks to present a thorough overview of the multidimensional landscape that moulded our perspective of the globe during this active month, from diplomatic discussions to technical marvels, from environmental worries to medical advancements.  

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