LEGAL MAXIMS IN ISLAM

Submitted to: Sir Jehanzeb Waqas

Submitted by: Syed Ahmad Hassan

Roll no: 2929

Section: A

Submission Date: 9th March, 2017

INTERNATIONAL ISLAMIC UNIVERSITY ISLAMABAD

Divorce Under Coercion

According to Hanafi School of Islamic Law, a verbal talaq (divorce) given

under coercion and duress is Valid and Effective.

According to Hanbali, Shafai and Maliki jurists, the talaq given under duress
is not a valid one as it lacks free volition.

Kaffara for breaking Oath

According to Hanafi Jurists

He may free a slave.

He may feed ten destitute people, morning and evening.

He may clothe ten destitute people, (giving) each of them one garment or
more, the minimum of (each) being that in which salah is valid.

One may also give the equivalent of the above in money.

If one is not capable of any of these three things, one must fast
three consecutive days.

According to Maliki, Shafi and Hanbali Jurists

The view of the majority of Maliki, Shafi and Hanbali Jurist is that he cannot
give money instead of food.

Validity of Marriage

Hanafi Jurists says, Nikah of a woman without permission of father is valid

but if this woman marries without permission in the absence of a valid legal
reason, then she commits a sin.

If a woman marries a ghair kufu (unsuitable) man without the permission of

her wali, then this is invalid.
 According to Hanbali, Shafai, Maliki jurists, nikah entered into by a
woman herself, without the permission of her wali, is invalid and
void.

Witness

According to Jurists of all four schools, two adult muslim male or one
adult muslim male and two adult muslim female witnesses are
minimum requirement for Nikah to be valid. A marriage without two
witnesses is not valid and the relationship will be illegal and Haram.

Mehar

The Mehar (dowry) is the woman's right and should be stipulated prior
to the marriage. While the mehar is often money, it can also be
anything agreed upon by the bride such as jewelry, home goods,
furniture, a dwelling or some land. Mehar is typically specified in the
marriage contract signed during an Islamic marriage.

The mehar does not have any upper limit, by consensus of all the
schools but the schools differ regarding the lower limit.

The Shafi'i, the Hanbali observe: Everything which is valid as price in a

contract of sale is valid as mehar in a marriage contract, though it be a
single morsel.

The minimum dowry according to the Hanafs is ten Dirhams, and a

contract concluded for a lesser amount is valid and the minimum
ten Dirhams shall be payable.

The Malikis have said: The minimum is three dirhams. Therefore, if

something less is specified and later the marriage is consummated,
the husband will pay her three dirhams; if it has not been
consummated, he has a choice between giving her three dirhams or
dissolving the contract by paying her half the specified mehar.