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Concept of Dower Under Muslim Law

  Q2 (a). Define dower (Mahr) and discuss its nature? What is the importance of a dower in the Muslim law of marriage?   Ans. Definition, Nature and Importance of Dower (Mahr) – Dower .-Dower is an integral part of Muslim marriage. It is given by the husband to wife in the form of money or property in consideration of marriage. In other words, mahr (dower) is something in the nature of nuptial gift which is given by a husband to his wife at the time of marriage or after marriage. The system of "dower" is not new in Muslim law. In pre-Islamic Arabia, it was prevalent in some other form. In those days, there were two forms of marriage for the purpose of dower (a) In the first category of marriage, the wife did not accompany her husband to his home after marriage. She continued to live at her parent's house and her husband usually visited her. In such marriage, it was customary to give to the wife, on marriage, which was called "Sadaq" (the wife was call

Effect of minors contract

  Q. 7 (a) Who are competent to make a contract? Or What do you understand by the competency to enter into a contract? Who are competent to form a contract under the Indian Contract Act? Q. 7 (b). Write a critical note on the minor's contract with leading Explain with decided cases that minor's contracts are void-ab intio. Can a minor's contract be specifically enforced and ratified? or Who are the persons 'not competent to contract'? What is the nature of an agreement entered into by a minor? Discuss the remedies available to the other party in such agreements.   Ans. Who are competent to Contract .-According to Section 10, for entering into a valid contract the parties must be competent to contract. Section 11 lays down the provision about the persons who are competent to contract. According to Section 11: "Every person is competent to contract who : (i) is of the age of majority according to the law to which he is subject; and (ii) is o

Definition of Consideration

Q. 6 (a). What is consideration? Explain its essential ingredients with the help of suitable examples. Or "Consideration must move from the promise." Explain. Or What do you understand by consideration? Inadequacy of consideration does not render an agreement void. Explain with reasons.   Ans. Consideration constitutes the very foundation of the contract. An agreement not supported by consideration is void (Sec. 25, Contract Act). Consideration is the cause of the promise and in its absence the promise would only be a gratutious promise or bare promise. The fact that a promise has been made for consideration goes to show that parties contemplated the creation of a legal obligation. Anson said that offer and acceptance bring the parties together and constitute the outward semblance of a contract; but most systems of law require some further evidence of the intention of the parties, which is provided by consideration and form. In lndia , this further evidence is