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Q 2: A Muslim Dies Leaving Behind Wife, Father, Mother and Daughter. Distribute the Estate of Deceased according to the Hanafi Law of Inheritance.
A: Under the Hanafi Law, the estate of the deceased will be distributed among his heirs as under:
Wife = 1/8 = 3/24
Father = 1/6 = 4/24 share 1/24 as residuary = 5/24
Mother = 1/6 = 4/24
Daughter = ½ = 12/24
Q: 3 Enumerate Various Grounds for the Dissolution of Marriage under the Dissolution of Muslim Marriage Act 1939?
A: The Dissolution of Muslim Marriages Act was passed in order to consolidate and clarify the provisions of Muslim Law relating to suits for dissolution of marriage by women married under Muslim Law. This Act lays down the following grounds of divorce.
1. ABSENCE OF HUSBAND: The wife is entitled to obtain a decree for the Dissolution of her marriage if the whereabouts of the husband have not for a period of four years.
But a decree passed on this ground will not take effect for a period of six months from the date of such decree, and if the husband appears either in person or through an authorized agent within that period and satisfies the court that he is prepared to perform his conjugal duties, the court must set aside the decree.
2. FAILURE TO PROVIDE MAINTENANCE: The wife is entitled to obtain a decree for the dissolution of her marriage if the husband has neglected or has failed to provide for her maintenance for a period of two years.
3. IMPRISONMENT OF HUSBAND: The wife is entitled to obtain a decree for the dissolution of her marriage if the husband has been sentenced to imprisonment for a period of seven years or upwards, but no decree can be passed on this ground until the sentence has become final.
4. FAILURE TO PERFORM MARITAL OBLIGATIONS: The wife is entitled to obtain a decree for the dissolution of her marriage if the husband has failed to perform without reasonable cause his marital obligations for a period of three years.
5. IMPOTENCE OF HUSBAND: The wife is entitled to obtain a decree for the dissolution of her marriage if the husband was impotent at the time of the marriage and continues to be so.
6. INSANITY OF HUSBAND: The wife may obtain a decree for the dissolution of her marriage if the insane for a period of two years or is suffering from leprosy or a virulent venereal disease.
7. CRUELTY OF HUSBAND: The wife is entitled to a decree for the dissolution of her marriage if the husband treats her with cruelty, that is to say:
a. Habitually assaults her
b. Associates with women of evil repute or leads an infamous life
c. Forces her to lead an immoral life
d. Disposes of her property or prevents her exercising her legal right over it
e. Obstructs her in the performance of her religious functions
f. If he has more wives than one, does not treat her equitably in accordance with the Injunctions of the Quran.
All these grounds are independent of each other, and proof of any one of them is sufficient to constitute the ground for the dissolution of marriage.
8. GROUNDS TO DISSOLUTION RECOGNISED BY MOHAMMADAN LAW: The wife can claim judicial dissolution on any other ground which is recognized as valid for the dissolution of marriage under Muslim Law.
Q: 4 Define Dower. Distinguish between “PROMPT”, “DIFFERED” SPECIFIED DOWER?
A: DEFINITION OF DOWER: According to Fatawa-e-Almgiri, dower is an obligation imposed by the law on the husband, as a mark of respect for the wife. It is a safeguard against husband’s arbitrary power of divorce and is not exchange or consideration given by the man for marriage contract. Though an essential validity does not depend upon its express mention and thus even a Dower is not mentioned, the law attaches a liability of the husband.
According to Amir Ali, “Dower is a consideration for wife’s sole and exclusive use and benefit”.
According to Mulla, “Dower is a sum of money or other property which the wife is entitled to receive from the husband in consideration of marriage”.
Dower is a sum of money or other property which the wife is entitled to receive from the husband.
FEATTURES: The following are the main features:
1. It creates right for the wife to resist her husband so long as her dower remains unpaid.
2. The right to dower does not precede to the right to cohabitation, but comes into existence at the same time and by reason of the same incident of law as the right to dower.
2. Dower is an essential incident and fundamental feature of marriage, with the result that even if no dower is fixed the wife is entitled to some dower from the husband.
IMPORTANCE: Dower is a debt and the widow is entitled alongwith other creditors of her deceased husband to have it satisfied on his death out of his estate. According to Fatawa-e-Qazi “Mehar is necessary to marriage that if it was not mentioned at the time of marriage, or in the contract, the law, will presume it by virtue of contract itself?
OBJECTS: the objects of dower are two fold:
1. To impose an obligation on the husband as a maker of respect to the wife
2. to place a check on the capricious us of divorce on the part of husband.
Distinguish between “PROMPT”, “DIFERRED DOWER: The following are the chief points of difference between ‘prompt’ and ‘deferred’ dower:
1. Prompt dower is payable immediately after the marriage taking place while deferred dower is payable only after the dissolution of marriage by death or divorce.
2. The Prompt on demand unless delay has been agreed but in case of deferred dower wife is not entitled to demand it unless, agreed.
In case of prompt dower, right of restitution of conjugal right arises only after its payment, while there is no question of restitution of conjugal rights in case of deferred dower.