'Shis' and 'Sunni' Schools:- Shia means "faction." After the death of the Prophet, in 632 A.D.

, the question
of who is to be the successor came up. People who followed AH, the son-in-law of the Prophet, considering
him as the successor in temporal and religious matter, formed the school called as "Shia". Those who
believed in election to the office of the Prophet formed a separate school called the "Sunni" school. Abu
Baker, father of Prophets junior wife Ashaya Begam became the first Khalif.
Differences between the Schools
The fundamental difference is the doctrine of imamat (leadership). According to Shia the imam is by divine
right. He is the descendent of the Prophet. This spiritual headship marks the vital difference between the two
schools. in using the different sources of Muslim law, there is a difference. Koran is the original source for
both schools. The Sunnis refer to the traditional interpretation (tafsir): the Shias use the Koran but rely on the
imam for his revelations. Sunnis refer to the decisions of Caliphs "Ijmaa" to supplement Koran. But, the
Shias reject this source, -
The development of law gave birth to many Sunni schools. Hanafi, Maliki, Shafei, Hanabali etc.
The schools under Shia are : Ithna Ashari, ismailis, Zaidis. Majority in India are Sunni Muslims. Mostly they
belong to Hanafi School.

Sources of Muslim Law:- The main sources of Muslim Law are :

(a) Quran (b) Ahadis and Sunna (c) Ijmaa (d) Qiyas (e) Custom * (f) Judicial
Precedents (g) Legislation.
1. QURAN : The Quran is the primary source of Muslim Law in point of time as well as in importance.
Quran is the first source of Muslim Law. The Islamic religion and Islamic society owes its birth to the word
of Quran. It is the paramount source of Muslim Law in point of Important because it contains the very words
of God and it is the foundation upon which the very structure of Islam rests. Quran regulates individual,
social, secular and spiritual life of Muslims.
3. IJMAA:- It is third important source of Muslim Law. The origin of IJMAA although Quran, Sunnat and
Ahades had developed as the source of Muslim Law. It takes place when new problem stated arising with the
development of society which were not possible to be solved by Quran. The principle of IJMAA based upon
the text, “That God will not allow His people to agree on an error and whatever Muslims hold to be good is
good before God.”
3.Legislation: - In India Muslims are also governed by various legislation passed either by Parliament or by
state legislature e.g.:- i) Guardian & Wards Act, 1890. ii) The Shariat Act, 1937. iii) Muslim Woman
Protection of Right & Divorce Act, 1986. iv) The Mussalman Waqf Act, 1923. V) The Dissolution of Muslim
Marriage Act, 1939.
Marriage* (Nikah):- Nikah is a contract for the legalisation of intercourse and the procreation of children'.
Ameer Ali defines marriage as institution ordained for the protection of society, and in order that human
beings may guard themselves from foulness and unchastity'.
Essentials of Marriage:- There are certain essentials for marriage in Muslim. They are
1. Both parties need to be competent.
2. There needs to be a proposal on behalf of or made by one of the parties. Also, there needs to acceptance
on behalf of or by another party.
3. The acceptance and proposal need to be expressed in one of the meetings.
4. At the time of hearing of acceptance and proposal, there is a need for witnesses. This includes one male
and one female or two males. These people should be of sane mind an adult.
5. There is no need for any religious ceremony or writing.
marriage is a civil contract :-Thus marriage according to Muslim Law is a contract for the purpose of
legalising sexual intercourse and the procreation of legitimating of children and the regulation of social life
in the interest of the society. However it is further viewed that marriage is not purely a civil contract but a
religious sacrament too.

1. Valid Marriages: (Sahih):- In case marriage is free from all sorts of defects and infirmity, perfect in
every respect and absolutely valid,it is called Sahih. It conforms to all the requirements laid down by the
Sharia for marriage; 1. The parties must have the capacity to marry 2. There must be a clear proposal and
acceptance. 3. Free consent 4. No Legal disability
Thus if all the legal conditions are fulfilled there is a valid marriage.
2 Void Marriages: (Batil):- This is not a marriage at all. Violation of rules of blood relationship, affinity or
fosterage results in making the marriage void. The marriage with the wife of another is also void. There is no
process to legalise such a union. The void marriage is an unlawful connection which produces no mutual
rights and obligations between the parties. Hence no question of dower arises unless there has been
consummation. The children are not legitimate.
If one dies the other cannot inherit the property. The marriage is void ab-initio.
3. Irregular Marriage: (Fasid):- If absolute prohibitions of a marriage are violated, the marriage becomes
void. But if a temporary prohibition is violated, it becomes irregular. If the impediment or prohibition to
marriage is temporary or remedial, then a marriage performed in
violation of such impediments is not void, but, irregular. A marriage under Muslim law is irregular in the
following cases:
1. A marriage contracted without witnesses.
2. A marriage with a fifth wife by a person having four wives
3. A marriage with a woman undergoing iddat
4. A marriage prohibited by reason of difference of religion
5. A marriage with two sisters etc.
Muta Marriage (Temporary Marriage): Muta literally means ’enjoyment or use’. Hence, Muta marriage is
a marriage for pleasure. It is a temporary marriage for a fixed period for a certain reward paid to the woman.
The specified period may be a day, a month, or a year or a term of years. A special term is applied to women
who participate in muta: mustajara, or ’rented woman’. Muta is considered a kind of ’rental’ because in
general a man’s basic aim in this kind of marriage is the sexual enjoyment of a woman, and in return for his
enjoyment the woman receives a certain amount of money or property.

IDDAT:- Under Muslim law, a woman who is undergoing iddat is prohibited from marrying during that
period. Iddat is the period during which it is incumbent upon a woman, whose marriage has been dissolved
by divorce or death of her husband to remain in seclusion, and to abstain from marrying another husband.
The purpose behind that is to ascertain whether she is pregnant by earlier husband, so as to avoid confusion
of the parentage of the child.
The period of Iddat is prescribed as under:
1.In case termination marriage by divorce- three lunar months or three menstrual courses
2.In case of widow- 4 months and 10 days
3.In case the woman is pregnant - till the delivery
Definition of Maintenance: Maintenance is equivalent to arabic "nafqah" which means, "what a person
spends over his family" However in the legal sense maintenance signifies and includes three things:
(i) Food (ii) Clothing (iii) Shelter.
Maintenance of wife: The husband is liable to maintain the wife from the date when the wife attains puberty
and as long as she is obedient and faithful to her husband. The husband is bound to maintain her even though
she may have the means to maintain herself. A Muslim wife who is living separately may claim maintenance
against him.
Maintenance of divorced wife: In case of a divorced wife, she is entitled to maintenance during her period
of probation (iddat) and further the wife cannot re-marry a second time for three months, which is the period
of iddat.
Maintenance of a Widow: The right to maintenance ceases on the death of husband. Wife is entitled during
Iddat that is 4 months and 10 days, or if she is pregnant (at the time of the death of the husband), until she
delivers the child.
Kinds of Guardianship in Muslim Law:- A person having rights over minor or his property or both is
called guardian Muslim Law recognises three kinds of guardianship:-
A. Guardianship in marriage (Jabar):- Under the Muslim law the father has the power to give his children of
both sexes in marriage without their consent to enter into marriage but it is before the Shariri stage.
B. Guardianship of body of the minor (Hizanat):-The following are-The mother is entitled-
1. In Hanafi Law, the custody of her male child until he has completed the age of seven years and of her
female child until she has attained puberty.
2. In Shia Law the custody of her male child till the age of two years and the custody of her female child
till the age of seven years.
C. Guardianship of property (Walayat-i-mal). If a minor owns movable or immovable property, a guardian is
necessary to manage it. The guardianship of the property of minor may be classified as follows-
a. De jure Natural Guardian:- legal or natural guardian order of persons entitled to guardianship of the
property of a minor:- Father, Executor appointed by the father’s will, Father‘s father, Executor by the will
of father‘s father.
b. De facto:- a person who is neither a legal guardian nor a guardian appointed by court but has voluntarily
placed himself in charge of the person and property of a minor is known as de facto guardian.
c. Certified guardian :-guardian appointed by the court- in absence of legal guardians, the duty of
appointing a guardian falls on the court.
Powers Of Legal Guardian:
1. Regarding Immovable Property:
Legal guardian cannot alienate by sale or mortgage the immovable property of the minor except when
alienation is absolutely necessary or for the clear benefit of the minor:
1. When the minor has no other means of livelihood and sale is absolutely necessary for maintenance.
2. Where the double price of the property can be obtained by him.
3. Where the expenses exceed he income of the property.
4. When the property is falling into decay.
2. Powers regarding movable properties:
The guardian is empowered to sell or pledge the goods and chattels of the minor, for the minors
necessities as food, clothing and nursing etc. Muslim Law does not impose upon minors any obligation
to pay interest on sums advanced to them. The legal guardian is bound to deal with the property as
carefully as he has dealt with it if it were his own property, as held by Madras High Court in l940.
Hiba:- Gift is also understood as the English equivalent of 'Hiba'. Hiba is nothing but a Gift. It can be
defined as 'the donation of a thing from which the donee may derive a benefit.' It can also be termed as
transfer of property without any consideration. Fyzee defines it as an immediate and unqualified transfer of
thee corpus of the property without a return. According to Baillie its conferring of a right of something
specific without an exchange. ESSENTIALS OF GIFT:- The gift to be valid and complete three conditions
are to be fulfilled. The very first condition being; the donor must make an offer i.e ijab, the same must be
accepted by the donee i.e qubool and the possession of the property must be subsequently delivered i.e
qabza. If these conditions are fulfilled then it is a valid gift. Following are the essentials of a valid gift.
1) Declaration by the donor.
2) Acceptance by thee donee
3) delivery of the possession.