Muslim Law
(Mohammedan Law)
Twenty-eight chapter notes covering Muslim personal law as applied in India — the four sources, schools of jurisprudence, marriage and dower, divorce and the post-Shayara Bano position on triple talaq, maintenance with the Shah Bano-Daniel Latifi line, succession under Sunni and Shia rules, gift, wakf, pre-emption, and the role of the Muslim Women (Protection of Rights on Marriage) Act, 2019. Source first, school second, leading case third.
From the four sources to the modern statutory overlay.
Muslim law in India is largely uncodified. The four classical sources — the Qur’an, Sunna, Ijma, and Qiyas — supply the substantive rules, mediated through the four Sunni schools (Hanafi, Maliki, Shafii, Hanbali) and the Shia schools (Ithna Ashari, Ismaili, Zaidi). Indian courts apply these rules through commentaries, with the Hanafi school as the default for Sunnis. Statutory overlays — the Shariat Act 1937, the Dissolution of Muslim Marriages Act 1939, the Muslim Women (Protection of Rights on Divorce) Act 1986, and the Muslim Women (Protection of Rights on Marriage) Act 2019 — modify the classical position on specific matters.
These notes anchor every chapter to the relevant source and school. The most-tested topics are marriage and dower (mehr) under Hanafi rules, the three modes of divorce (talaq-e-Sunnat, talaq-e-Bidaat as voided by Shayara Bano in 2017, and khula and mubarat), maintenance under the Shah Bano-Daniel Latifi-Iqbal Bano sequence, and succession under the Hanafi and Ithna Ashari rules with the table of sharers and residuaries.
Each chapter is designed to be read in twelve to fifteen minutes and to leave the reader with the source, the school, the classical rule, the statutory modification where one applies, and the leading authority.
How to read these notes
Start with the source.
Every Muslim-law question begins with identifying the source — Qur’an, Sunna, Ijma, or Qiyas — and the school. Hanafi rules apply by default to Sunnis; Ithna Ashari to most Indian Shias. Citing a rule without identifying the school it comes from will lose marks.
Apply the statutory overlay.
The Shariat Act 1937 chose Muslim personal law over custom for most matters. The Dissolution of Muslim Marriages Act 1939 gave the Muslim wife statutory grounds for divorce. The 1986 Act modified maintenance after Shah Bano. The 2019 Act criminalised triple talaq after Shayara Bano. Every classical rule must be tested against the relevant statutory overlay.
Test on the leading case.
If you can restate the holding of Shayara Bano v. Union of India, Shah Bano v. Mohd Ahmed Khan, or Daniel Latifi v. Union of India in two sentences, you understand the chapter. If not, return to the statutory section and rebuild from there.
All 28 chapters, in 6 groups
Sequenced through the natural structure of the subject — every chapter sits in a doctrinal cluster.Foundations — Sources & Schools
Qur’an, Sunna, Ijma, Qiyas + Sunni & Shia schools
The four classical sources of Muslim law and their hierarchy. The four Sunni schools (Hanafi, Maliki, Shafii, Hanbali) with the Hanafi default. The Shia schools (Ithna Ashari, Ismaili, Zaidi). The application of Muslim law to whom — born Muslims, converts, and the application of the Shariat Act 1937.
Introduction — Sources of Muslim Law (Quran, Sunna, Ijma, Qiyas)
ML · 02Schools of Muslim Law — Sunni (Hanafi, Shafii, Maliki, Hanbali) and Shia (Ithna Ashari, Ismaili, Zaidi)
ML · 03Application of Muslim Personal Law in India (Shariat Application Act, 1937)
ML · 04Marriage (Nikah) — Nature, Essentials, Capacity
Marriage (Nikah) & Dower (Mehr)
Formation, kinds, dower
The nature of nikah as a civil contract, the requirements of valid marriage — capacity, proposal and acceptance, witnesses, mehr. The kinds of marriage — sahih (valid), batil (void), fasid (irregular), muta (temporary, recognised only in Shia law). The doctrine of dower including prompt and deferred mehr, and the wife’s rights including the right to refuse cohabitation until prompt dower is paid.
Divorce (Talaq) & Dissolution
Three modes + the post-Shayara Bano position
The classical modes of divorce — talaq by the husband (talaq-e-Sunnat with revocable forms ahsan and hasan, talaq-e-Bidaat now unconstitutional), talaq-e-tafweez where the right is delegated to the wife, khula at the wife’s instance, mubarat by mutual consent. The Dissolution of Muslim Marriages Act 1939 grounds for the wife. The 2019 criminalisation of triple talaq. Iddat as the post-divorce waiting period.
Divorce (Talaq) — Talaq-e-Sunnah (Ahsan, Hasan), Talaq-e-Biddat (Triple Talaq)
ML · 11Muslim Women (Protection of Rights on Marriage) Act, 2019 — Banning Triple Talaq
ML · 12Other Modes of Divorce — Ila, Zihar, Lian, Khula, Mubarat
ML · 13Divorce by Wife — Dissolution of Muslim Marriages Act, 1939
ML · 14Iddat — Concept, Period, Effects
ML · 15Maintenance of Wife — Personal Law and Section 125 CrPC
Maintenance & Children
Shah Bano — Daniel Latifi — Section 125 CrPC
Maintenance during marriage and during iddat under classical Muslim law. The Shah Bano holding under Section 125 CrPC. The Muslim Women (Protection of Rights on Divorce) Act 1986 and the Daniel Latifi reading that requires reasonable provision beyond iddat. The custody (hizanat) rules and the welfare-of-the-minor principle. Legitimacy and acknowledgment of paternity.
Succession & Inheritance
Sharers, residuaries, distant kindred
The classical rules of inheritance under Sunni law — the twelve sharers, the residuaries (asabat), and the distant kindred (dhul-arham). The two-thirds limit on bequest and the consent requirement for bequest to an heir. The Shia rules with the unitary class of relatives and per capita distribution. Disinheritance for murder.
Gift (Hiba), Wakf, Pre-Emption & Wrap-Up
Property doctrines + reference
Hiba (gift) requiring declaration, acceptance, and delivery of possession with no requirement of registration under classical law. Wakf as the permanent dedication of property for purposes recognised by Muslim law and the Wakf Act 1995 framework. The doctrine of pre-emption (shufaa) on alienation of immovable property. The Muslim Women (Protection of Rights on Marriage) Act 2019. The landmark Supreme Court decisions.