INTRODUCTION The easement is a right that the owner or occupier of certain land possesses as such for the beneficial enjoyment of that land, to do and continue to do something or to prevent and continue to prevent something being done in or upon or in respect of certain other lands not his own. There … Read more
Preface An agreement turns into a contract when it becomes enforceable at law. A contract is usually an exchange of promises between two or maybe more persons. It results in an obligation to do or refrain from doing a particular act. Relevant Provision Sections 2(h), 10, 11, 14, 17, and 23 of the Contract … Read more
INTRODUCTION A gift or Hiba is a transfer of property made immediately and without any exchange by one person to another and accepted by or on behalf of another. A Muhammadan may dispose of his whole property. The person who makes the gift is called the donor and to whom the gift is made is … Read more
INTRODUCTION Qatl means causing the death of a person. It is the killing of human beings by human beings. Fundamentally، qatl may be divided into two broad categories; lawful or unlawful. RELEVANT PROVISIONS Sections 300, 301 302, 303A 303B, 304, 305, 306, 307, 308. 313, 314, 315, 316, 317, 318 319, 320, 321, 322 … Read more
INTRODUCTION The Extinction of an easement is the legal termination or end of an easement, which is a right to use or access someone else’s property for a specific purpose and for a specific time. When an easement is extinguished, it means that the rights associated with it are permanently eliminated. This can occur through … Read more
Preface An agreement whose object or consideration is unlawful is considered void. A contract is always based on an agreement. An apparent agreement is not always a real agreement. One party may have deceived the other party or in some other way, there be no genuine consent. The parties may be laboring under a mistake … Read more
INTRODUCTION The right of guardianship of the minor belongs to the father and in his absence to nominate Where no one has been nominated then to the grandfather if he dies the right of his guardianship vests in the court. DEFINITION OF GUARDIAN According to Section 4(2) Guardians and Wards Act 1890. “Guardian means a … Read more
Introduction Contingent contracts are those types of contracts that depend on the happening or not happening of a future uncertain event. Here, we will see the situations when these agreements are enforced and when they become void, hence not enforceable by law. Relevant Provisions Sections 31-36 of the Contract Act, 1872. Meaning The … Read more
INTRODUCTION A person who accepts the office of guardianship actually undertakes to act on the terms imposed by the court of law. However, the guardian is bound by some duties and liabilities, under the Guardians and Wards Act, 1990. DEFINITION OF GUARDIAN According to Section 4(2) Guardians and Wards Act 1890: “Guardian means a … Read more
INTRODUCTION Defamation refers to the act of making false statements that harm the reputation of an individual or entity. It involves spreading falsehoods through spoken or written communication, such as slander (spoken defamation) or libel (written defamation). Defamation can result in serious legal consequences, as it infringes upon a person’s right to a good name … Read more
Introduction Appropriation of payments is the payment of a debt either in the sequence in which it is received or in any other recognized way. Sometimes, a debtor has to pay several debts to the same creditor and makes payment. Here, the question arises as to which of these, payment is to be applied. Sections … Read more
INTRODUCTION Inheritance is the transfer of legal ownership of a deceased’s assets to his heirs. The legal basis for the law of inheritance is found in Shariah, the Sayings of the Holy Prophet Mohammad (PBUH). Shariah is the primary source of Islamic law and is based mainly on the Quran and Sunnah. All Muslims living … Read more
Introduction When one of the contracting parties refuses or fails to perform his part or obligation which he has promised to perform, is a breach of contract. A breach may be one by non-performance, by repudiation, or by both. Every breach gives rise to a claim for damages & may also give rise to other … Read more
Introduction International law, often referred to as the law of nations or public international law, is a multifaceted and dynamic field of law that governs relations between states and other international actors. It is a fundamental framework that regulates interactions at the global level, encompassing issues ranging from diplomacy and human rights to armed conflict … Read more
INTRODUCTION Theft, liable to Hadd is included in The Offences Against Property (Enforcement of Hudood) Ordinance, 1979. It is the modification of the existing laws against property in order to bring the commission of certain offences within the injunctions of Islam. It is also known as Sarka. RELEVANT PROVISIONS Sections 4 to 14 of … Read more
Introduction Indemnity means a promise to save another harmless from loss caused as a result of a transaction entered into the instance of the promisor. On the other hand, a contract of Guarantee is a contract to perform the promise or discharge the liability of a third person in case of his default. Both terms … Read more
INTRODUCTION Qazf is accusing falsely a virtuous man or woman of adultery. The right of reputation is a sacred right and is well preserved by the Quran which casts a duty on the person against whom a false case of adultery or commission of Zina has been brought to bring to the direct action of … Read more
Introduction An agency is a relationship between two parties in business dealings in which one person acts as a representative to the other. The purpose is to create contractual relations between the other and the third person. An agency can be created to perform any act which the creator of the agency himself could lawfully … Read more
INTRODUCTION The offences regarding drinking are covered in Prohibition (Enforcement of Hadd) Order, 1979. Drinking is the taking of any kind of intoxicant. Normally, drinking results in unconsciousness so it is prohibited in Islam. RELEVANT PROVISIONS Articles 6 to 13 of the Prohibition (Enforcement of Hadd) order, 1979 Cross Reference. Article 203C of the … Read more
Introduction Bailment is such a relationship between two parties in which the personal property of one party goes into the possession of another party temporarily. A few examples of bailment include delivering a car, mobile, watch, or other valuable items to some friends. Delivering gold to a goldsmith for making ornaments, and delivering garments to … Read more