Muslim immovable gifts: to register or not to register… that was the question. Recent developments following ‘Hafeeza Bibi v. Shaikh Farid’

September 13, 2012
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As it was previously mentioned in an earlier post, Muslim gifts (hiba or ariya – the latter only concerning the usufruct of a property) do not have to be registered in order to be valid. The reason behind this exemption was mainly that Muslim gifts can be made orally, hence not requiring any written...
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Registration of Muslim Marriages – Pakistan

July 30, 2012
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According to the Muslim Family Laws Ordinance, 1961 a marriage solemnized under Muslim Law is required to be registered in accordance with the provisions of the MFLO but non-registration of marriage (Nikah) by the Nikah Registrar does not invalidate the marriage. Saleema Bibi and 3  others v. Khair Muhammad and 2 others 2010 YLR...
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Field Notes – Sample n. 3 by Tommaso Sbriccoli

July 2, 2012
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Interview to B. K. Pinjara – 30/06/12 I am in BK Pinjara’s house, and also his wife is present. After collecting the genealogies and the information about family economy, I ask about marriage transactions and inheritance. Here is how the conversation went: T.: so for marriages you give dahej? BK: yes, we give it,...
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Field Notes – Sample n. 2 by Tommaso Sbriccoli

June 30, 2012
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I arrived in India on the 17th of May 2012 and reached Madhya Pradesh on the 22nd of the same month. Initially, I took a room in a hotel in the city of Dewas, where I spent the first 15 days of my staying. I had in fact to access a fieldwork which was...
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Mahr

June 30, 2012
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Mahr (dower) is the amount (sometimes also property rights) that the husband own to the wife. Mahr can be prompt or deferred if it is deferred without any specification of time it is assumed to be at the time of death or divorce.   Amina Bibi vs Mohamed Ibrahim AIR 1929 Oudh 579 Haliman...
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Jurisdiction of property disputes

June 30, 2012
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According to K. A. Abdul Jaleel v T. A. Shahida AIR 2003 SC 2525, property related disputes between divorcing spouses can be decided by Family Courts.   Related Statutes: Muslim Personal Law (Shariat) Application Act, 1937 DISSOLUTION OF THE MUSLIM MARRIAGE ACT, 1939 Muslim Women (Protection of Rights on Divorce) Act, 1986 Livia HoldenMore...
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Maintenance for nursing/taking care of the child

June 30, 2012
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According to Noor Saba Khatoon vs Mohammed Qasim AIR 1997 SC 3280 and on the basis of section 125 of Criminal Procedure Code, 1974 and section 3(1)(b) of Muslim Women (Protection of Rights on Divorce) Act, 1986 the divorced Muslim mother is entitled to receive maintenance for nursing or taking care of the infant/s...
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Maintenance to the wife during the iddat

June 30, 2012
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According to section 3 (1) Muslim Women (Protection of Rights on Divorce) Act 1986 and uncodified Muslim Personal Law the divorced wife is entitled to life-long maintenance to be paid by the husband during the iddat period.   Shabana Bano v. Imran Khan, AIR 2010 SC 305 Danial Latifi v Union of India, 2001...
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Maintenance by the Wakf Board after the Iddat period

June 30, 2012
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According to sec. 4 Muslim (Protection of Rights on Divorce) Act, 1986 the magistrate can order any heir of the woman to maintain her after the iddat period. In absence of relatives the Wakf Board may be ordered to pay her maintenance.   Tamil Nadu Wakf Board and another vs Syed Fatima Nachi, AIR...
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Divorce at the Woman’s Initiative in India, in Pakistan and in the Diasporas

June 28, 2012
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Divorce at the Woman’s Initiative in India, in Pakistan and in the Diasporas Livia Holden (LUMS)   Abstract   This paper explores and analyses Hindu and Muslim practices of divorce at the woman’s initiative at the level both of customary jurisdictions and of official law-courts in India, in Pakistan and in the South Asian...
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Registration of Muslim Marriages – India

June 28, 2012
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The general principle adopted by the Indian courts so far is the direct and indirect evidence for the presumption of marriage on the basis of section 114 Indian Evidence Act, 1872. Maharashtra, Gujarat, Karnataka, Himachal Pradesh and Andhra Pradesh have provided for compulsory registration of Muslim marriages. Assam, Bihar, West Bengal, Orissa and Meghalaya have...
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Oral Gifts – India

June 27, 2012
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Oral gifts among Muslims are valid if there is a declaration by the donor, acceptance by the donee and possession of the gift. Even though the immovable property right is not registered it is valid according to uncodified Muslim law.   Rahia and  Rahia Bibi vs Nasar Ahmad on 23 April, 2010 Shaik Khadaru...
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India

June 25, 2012
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  Mussalman Wakf Validating Act, 1913 Mussalman Wakf Validating Act, 1930 Muslim Personal Law (Shariat) Application Act, 1937 DISSOLUTION OF THE MUSLIM MARRIAGE ACT, 1939 Central Waqf Act, 1954 U.P Wakf Act, 1960 Waqf Amerndment Act 1984 Waqf Act, 1985 Muslim Women (Protection of Rights on Divorce) Act, 1986     Livia HoldenMore Posts
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Property rights, gender, and human rights discourses in South Asia

March 14, 2012
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by Livia Holden and Sylvia Vatuk ABSTRACT This paper explores and analyses the management of property rights by Muslim women at the level both of customary jurisdictions and of official law-courts in India and in Pakistan in the context of ongoing pressures for developing a global legal framework of human rights. Through a multidisciplinary...
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LSA panel: Non-State Law and Governance in South Asia and in the Diasporas

March 6, 2012
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Law and Society Association 2012 International Meeting Honolulu, Hawai’i – 5-8 June  Livia Holden; Lahore University of Management Sciences (Session Organizer) Marc Galanter, U. of Wisconsin/London School of Econ & PolSci. (Co-Chair) Livia Holden, Lahore University of Management Sciences (Co-Chair) This session focuses on the South Asian networks that act as referents for the settlement of justice...
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