Monday, May 7, 2012

Muslim Marriage

Muslim marriage though essentially a contract is also a devotional act, its objects are the right to enjoyment, procreation of children and the regulation of social life in the interest of the society. Marriage among Muhammadans is not  a sacrament, but purely a civil contract; though it is solemnized generally with recitation of certain verses from the Koran, yet the Muhammadan law does not positively prescribe any service peculiar to the occasion. There are nine legal effects flowing from a valid marriage:
1. Sexual intercourse becomes lawful and the children born of the union are legitimate.
2. The wife becomes entitled to her dower.
3.The wife becomes entitled to maintenance.
4. The husband becomes entitled to restrain the wife's movement in a reasonable manner.
5. Mutual rights of inheritance are  established.
6. The prohibitions regarding marriage due to the rules of affinity come into operation.
7. The wife is not entitled to remarry after the death of her husband, or after the dissolution of her marriage, without observing iddat.
8. Where there is an agreement between the parties, entered into either at the time of the marriage subsequent to it, its stipulations will be enforced, insofar as they are consistent with the provisions or the policy of the law.
9. Neither the husband nor the wife acquires any interest in the property of the other by reason of marriage

Friday, May 4, 2012

Equity

Equity is a form of law discovered by the Court of Chancery of England. When the Common Law fails to give the result, the equity starts its journey from that point. There are various situations arrive when there are no solutions in the Common Law. But let not the accused go without any punishment. At first it was the discretionary power of the judges to give judgement in that case. But then slowly equity got the uphold. Now the Equity court is separate from the Common law court. But in subcontinent it is merged. Equity follows the law. This is a maxim of a equity. Equity will not controversial to the prevailing law. Equity is equality. Where there is no equality, there is no equity. Specific performance of contract and Injunction are the two most important invention of the equity. Common law does not support the specific performance of contract. Breach of contract will be punished according to the ground of the contract. Where as specific performance will be executed according to the exact declaration of the contract. 

Family Law

Family law varies across different religion. Hind family law is different from the Muslim family law. In Muslim family law there are various topics like marriage, dower, divorce, legitimacy and parentage, guardianship, maintenance and inheritance are being discussed. In marriage section guardianship in marriage, option of puberty, restitution of conjugal rights and polygamy are being discussed. Hindu family law is divided into two sections such as Dayabhaga and Mitashakara. Dayabhaga prevails in Bengal where as Mitashakra prevails in India. Though the Indian family law has been changed over the years. Many changes have been adapted. But in Bangladesh it has been availed like the previous one.Britain and other countries have their common law regarding those materials. 

Wednesday, May 2, 2012

Human Rights Violation

Human Rights have been violated throughout the whole world. In that case state is totally responsible for this. It has the duty to ensure each and every single citizens human right. But alas state became the violator of this right. Now where is the place for the destitute people. Destitute people have no chance to flourish.

Tuesday, May 1, 2012

Fight is on the way


Many of the third world countries fighting is going on. There are different sects of people whose belief is different they are fighting with each other to push their ideas to the rival party. In third world countries military grab the power when skirmishing is going on.