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Category Archives: Digest/Principle
On When oath taking is required in matrimonial cases under Islamic Law
On When oath taking is required in matrimonial cases under Islamic Law Under Islamic Law, oath is not offered to a party in a matrimonial case, except where a monetary issue or something relating thereto is involved.In the instant case, there was no basis for the oath subscribed to by the 3rd defendant at theContinue reading “On When oath taking is required in matrimonial cases under Islamic Law”
On Legitimacy of pregnancy conceived in lawful and valid wedlock
On Legitimacy of pregnancy conceived in lawful and valid wedlock- Under Islamic Law, any pregnancy that appears with the wife of a husband is legitimate irrespective of the number of times the couple had sexual intercourse, provided the delivery of the pregnancy takes place within the minimum period of gestation, which is six lunar monthsContinue reading “On Legitimacy of pregnancy conceived in lawful and valid wedlock”
On the permissibility of Khul’u
On the permissibility of Khul’u The permissibility of the practice of Khul’u has been sourced from both the Qur’an and Sunnah.In the Qur’an: “If you fear that they cannot observe the limits -prescribed by Allah, then it shall not be a sin on any of them in what she offered to get freedom” (Q2: 229).Continue reading “On the permissibility of Khul’u”
One cannot be a volunteer witness
Under the Islamic law, a witness, who is not called or invited cannot volunteer to testify or take up evidence before the Qadi, evidence of such uninvited evidence would not be accepted. This principle is to prevent people from testifying or giving evidence against a party in favour of another who did not invite them.Continue reading “One cannot be a volunteer witness”
PARTIES ARE NOT COMPETENT WITNESSES IN THEIR OWN CASES
PARTIES ARE NOT COMPETENT WITNESSES IN THEIR OWN CASES It is trite that under Islamic law, unlike the common law, parties are not considered competent witnesses regarding their cases; their statement would not be regarded as evidence, but rather akin to statement of claim and statement of defence in the High Court and District Courts.Continue reading “PARTIES ARE NOT COMPETENT WITNESSES IN THEIR OWN CASES”
Notes
Salaam ISLĀMIC LAW DIGEST (principles, notes and general news) is brought to you by ANWAR LAW OFFICE (Emblaze Chambers), a Law Office which domiciles its MAJOR service rendering in:1) All forms of Islāmic Law Practice (such as, Mi’rāth -Inheritance|estate distribution, partnership, child custody, maintenance, marriage and related matters, general dispute resolution|arbitration, et cetera)2) Property andContinue reading “Notes”
Fair hearing
No judge shall give judgment on an issue brought before him without first, conducting proper investigation. This goes a long way in establishing the principle of fair hearing under Islamic Law. AuthorityQ49: 6
ON PROCEDURE FOR TAKING OATH OF REBUTTAL UNDER SHARIA LAW
ON PROCEDURE FOR TAKING OATH OF REBUTTAL UNDER SHARIA LAWWhere the defendant is in possession and the plaintiff has failed to furnish evidence in support of his claim, as in the instant case, then the defendant will only be required to take an oath of rebuttal (Yaminul Inkar) and the plaintiff’s action will be dismissedContinue reading “ON PROCEDURE FOR TAKING OATH OF REBUTTAL UNDER SHARIA LAW”
ON HOW BURDEN OF PROOF IS DISCHARGED UNDER SHARI’A LAW WHERE IMMOVABLE PROPERTY IS INVOLVED
ON HOW BURDEN OF PROOF IS DISCHARGED UNDER SHARI’A LAW WHERE IMMOVABLE PROPERTY IS INVOLVED“Where immovable property is involved, the burden of proof can only be discharged under the rules of Sharia by calling two unimpeachable male witnesses or one male witness and two female witnesses or alternatively, one male witness with the claimant’s oath”Continue reading “ON HOW BURDEN OF PROOF IS DISCHARGED UNDER SHARI’A LAW WHERE IMMOVABLE PROPERTY IS INVOLVED”
Islamic Law Digest 