Muslim Law of Marriage and Succession

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Description
Iam deeply indebted to the Indian Association of Lawyers-Madras Branch and the Bar Association, High Court, Madras for inviting me to deliver lectures on Uniform Civil Code in the Seminars conducted by them. This work is based on those lectures and has been ventured upon at the request of my advocate-friends to give expression to my views in a book form.
As a lawyer and as a Judge, I have always felt that Islamic law as administered in our country is not in accordance with the spirit of the Holy Quran or in tune with the spirit of the times. We have to take a fresh look as has been done in several Muslim countries. The pathetic condition of Muslim women who have been conferred valuable rights in the Holy Book and by the Holy Prophet, cries for reform. The codification of the Muslim Personal Law, or the framing of a compulsory Uniform Civil Code not being feasible at the present juncture, I have pleaded for introducing an optional common code of family laws. Religion is a matter of faith and those who harp on the freedom of religion and the Constitutional guarantees enshrined in Article 25 of our Constitution have no qualms of conscience in opposing an optional Code and conferring upon the citizen the freedom of being governed by the law of his choice in matters personal.
I am under no illusion that my views expressed in this work would receive acclaim or even approbation from Muslim theologians, but I shall feel amply rewarded if this work provokes a thinking among the intelligentsia and particularly the legal fraternity.
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Table of Contents
Chapter 1. Introduction
Chapter 2. Schools of Islamic Law
Chapter 3. Sources and Interpretation
Chapter 4. Marriage
Chapter 6. Polygamy
Chapter 7. Dissolution of Marriage
Chapter 8. Maintenance of Divorced Wife
Chapter 9. Intestate Succession
Chapter 10. Testate Succession
Chapter 11. Gender Justice
Chapter 12. Codification of Personal Laws
Chapter 13. Uniform Civil Code
Chapter 14. Optional Civil Code
Chapter 15. Conclusion
Annexures
1. The Caste Disabilities Removal Act, 1850
2. The Mappilla Succession Act, 1918
3. The Mappilla Wills Act, 1928
4. The Cutchi Memons Act, 1920
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Author Details
S.A. Kader