JURISPRUDENCE

Jurisprudence : Jurisprudence or legal theory is the theoretical study of law, principally by

philosophers but, from the twentieth century, also by social scientists.

Example

Use jurisprudence in a sentence. noun. The definition of jurisprudence is the legal system, or
the theory and practice of the law. The court and trial system used to administer law and justice
is an example of jurisprudence. Your Dictionary definition and usage example.

Jurisprudence goes back to Latin prudentia juris (literally "skill in law"), from which was
derived the Late Latin formation jurisprudentia, and subsequently our word. The noun
jurisprudent means "one skilled in law"—in other words, a jurist.

of laws. Jurisprudence is Jurisprudence is the study of law. It is a type of science that explores
the creation, application, and enforcement the study of theories and philosophies regarding law.

What is the part of Jurisprudence?

Ans: Jurisprudence is part of Four.

1. Difficult
2. Dynamic
3. Demand
4. Various branches of Law

Difficult: I've heard a lot from current law students/recently graduated students
that jurisprudence often gets a lot of bad press from students as a subject. Lots of people.

Dynamic:
Consequently, this broadens the ambit of fundamental rights. Hence, India is a source of
reference in the adoption of a dynamic jurisprudence on right to “life”.

In addition, Newton established the fundamental physical laws which govern dynamics in physics.
... In particular, dynamics is mostly related to Newton's second law of motion. However, all
three laws of motion are taken into account because these are interrelated in any given observation
or experiment.

Demand : Philippine Jurisprudence - EDWARD V. LACSON vs MAOWEE ... can it be

said that an effective demand for support was made upon him.

The law of demand states that quantity purchased varies inversely with price. In other words, the
higher the price, the lower the quantity demanded. This phenomenon occurs because when
consumers' opportunity cost increases, they must give something else up or switch to a substitute
product
Various branches of Law

Among branches of law, two major fields can be distinguished: private law and public law. ...
Public law also signifies principles that serve as a basis for the structure of the state and the
relationships between the state and the citizens.

What is Classification of Law?

Ans: Classification of Laws is not only desirable but also necessary and it makes clear
the relation between different rules their effect on each other. Classification is first time
two parts.

Law

National Law International Law

Public Law Private Law Public international Law Private International Law

Constitutional Law Administrative Law Criminal Law

Persons Law Property Law Obligations Law Conflict Laws

Contract Law Quasi-contract Law Tort law

Law : Law means a body of rules or set of rules which Regulated Human action behaviour that comes in
the society from divine origin or any authority of human.
Law may be broadly divided into two classes. 1. National Law
2. International Law

National Law: National law, which is often referred to as domestic law, are those laws that exist
“within” a particular nation (State). ... In some States, called States with a common
law tradition, laws could also come from decisions made by judges, which is also called
case law.

National Law is divided into two classes. 1. Public Law.

2. Private law.

Public Law: Public law determines and regulates the organisation and functioning of the Sate
and determines the relation of state with its subjects.

Public Law is divided into three classes: 1. Constitutional Law

2. Administrative Law
3. Criminal Law

1. Constitutional Law: Constitutional law determines the nature of the State and the structure of
the government and it is superior to the ordinary law of the land.
2. Administrative Law: Administrative law deals with the structure, powers and functions of the
organisation of administration, the limits of their powers the methods and procedure followed
by them and the methods.
3. Criminal Law: Criminal law defines offences and prescribes punishment for them and Criminal law
necessary for the maintenance of law and order and peace within the state.

Private law: Private law regulated and governs the relations of citizens with one another and
parties are private individuals and the State decides the disputes among the people.

Private law is general classifications is four classes:

1. Persons Law
2. Property Law
3. Obligations Law
4. Conflict Laws

Persons Law : A person, for legal purposes, is generally more broadly defined to refer other than just a
natural person. For example, when a company incorporates, it has standing as a legal person to sue and
be sued in courts of law.

Property Law : Property law is the area of law that governs the various forms of ownership and tenancy in
real property (land as distinct from personal or movable possessions) and in personal property, within
the common law legal system. In the civil law system, there is a division between movable and
immovable property ..

Property law is general classifications is three classes: 1. Contract 2. Quasi-contract 3. Tort

Contract: A contract is a legally-binding agreement which recognises and governs the rights and duties of
the parties to the agreement. A contract is legally enforceable because it meets the requirements and
approval of the law.
Quasi-contract: A quasi-contract is a fictional contract recognised by a court. The notion of a quasi-
contract can be traced to Roman law and is still a concept used in some modern legal systems.

Tort: A tort, in common law jurisdictions, is a civil wrong that causes a claimant to suffer loss or harm
resulting in legal liability for the person who commits the tortious act.

Obligations Law: An obligation is a legal bond (vinculum iuris) by which one or more parties (obligants)
are bound to act or refrain from acting. An obligation thus imposes on the obligor a duty to perform, and
simultaneously creates a corresponding right to demand performance by the oblige to whom
performance is to be tendered.

Conflict Laws: The latter term derives from the civil-law distinction between private and public law,
whereby private law addresses the legal relationships between and among individuals, corporations, and
even the state in its relations with individuals and corporations when it is not acting in a governmental
capacity.

International Law: Whatever the objections raised the claim of international law to be called
international law, it is recognised that international law is not only law but also a very importance branch
of law.

International Law: International law is the set of rules generally regarded and accepted in
relations between nations. It serves as a framework for the practice of stable and organized
international relations.

International law is divided into two classes: 1. Public international law

2. Private international law

Public international law: Public international law is that body of rules which governs the
conduct and relations of the State with each other.

Private international law: By Private international law we means those rules principles
according to which cases foreign element are decided and it contract is made between an Indian
a Pakistani which is to be performed in Sri-lank the rules and principles on which the rights an
liabilities of the parties.
Batil and Fasid Marriages

The difference between fasid and batil marriages is that while by removing the
impediment or irregularities from fasid marriages, they can be converted into sahi
marriages, whereas batil marriages cannot be so converted. The examples of fasid
marriages are:

 Absence of witnesses at the time of making or accepting the proposal,

 Fifth marriage of a man,
 Marriage in a period when a woman is undergoing iddat (period of seclusion for three
menstrual periods for a woman after the death of or divorce by her husband to
ascertain whether she was pregnant),
 Difference of religion between husband and wife. The marriage of a man with a
kitabiya (Jew or Christia) is sahi marriage but with one who worships idol or fire is
fasid marriage. However, a man can marry a non- Muslim girl if he believes that her
idolatry is merely nominal. For example, Mughal emperors married Hindu women and
their issues were recognized as legitimate and often succeeded to throne. The only
object of prohibiting such marriages was to keep idolatry out of the Islamic body
politic.
Fasid or irregular marriage can be terminated by either party either before or after
consummation by saying “I relinquish thee”. If, however, consummation has taken
place, children will be legitimate and will be entitled to inherit property. Similarly,
wife also becomes entitled to dower.

The examples of batil marriages are:

1. Practice of polyandry
2. Marriage of muslim woman with a kitabiya
3. Marriage with some consanguineous kin (for example, mother, mother’s mother,
sister, sister’s daughter, mother’s sister, father’s sister, daughter’s daughter) or with
an affinal kin (for example, wife’s mother, wife’s daughter, son’s wife).
4. Marriage of a person with two such women at a time who are related with each other
in such a way that had any of these two women been a man, marriage between them
would not have been possible. This simply means that a man cannot marry his sister-
in-law (wife’s sister) during his wife’s lifetime.
Batil marriage does not create any rights or obligations between the two parties. The
children in such marriages are also considered illegitimate. It is only the valid or sahi
marriage that confers upon wife the right of dower, maintenance, and residence in the
husband’s house.
 Valid Marriage
A marriage must have been valid at the time and place it was performed for it to be recognized as

valid by the United States. The validity of a marriage is generally determined by the law of the

place where the marriage was performed or celebrated.

The USCIS always takes into account the following requirements when the alien wishes to enjoy
the immigration benefits from amarriage:

1. Each party to the marriage must have been legally able to marry;

2. Any prior divorces of either party must have been valid; and

3. The marriage must be legally recognized in the country in which it was performed.

Any marriage not recognized as legal or recognized by civil authorities will not be acceptable for

immigration benefits. In a traditional arranged marriage, a marriage organized and decided by the

families of the parties involved, those marrying may have little to no interaction or

correspondence prior to the actual marriage. Although this would normally be against USCIS

policies, traditional arranged marriages are exceptions to the policy due to the traditional and

cultural significance of the marriage ceremony. Petitioners must emphasize the ceremony to the
USCIS in order to transfer benefits to their new or soon to be spouse.

Marriage Muslims

2. Relative Incapacity or Prohibition:

Springs from cases which render the marriage invalid only so long as the cause which creates the bar
exist. The moment it is removed, the incapacity ends and the marriage become valid and binding. The
following are the cases:
a. Unlawful conjunction,
b. Polygamy, or marrying a fifth wife.
c. Absence of proper witnesses
d. Differences of religion
e. Woman undergoing IDDAT
a. Unlawful conjunction: means contemporaneously marrying two women so related to each other
by consanguinity, affinity or fosterage, which they could not have lawfully intermarried with each
other if they had been of different sexes. Thus a Muslim cannot marry two sisters, or an aunt and
her niece.
Under the Shia Law, a Muslim may marry his wife's aunt, but he cannot marry his wife's niece without her
permission. Marriage prohibited by reason of unlawful conjunction is void under ShiaLaw.
b. Polygamy or marrying a fifth wife: means plurality of wives, i.e. marrying a fifth wife. It is
unlawful for a Mohammedan to have more wives than four.
A Muslim woman cannot marry more than one husband. If a woman marries a second husband, she is
liable for bigamy under Sec.494, Indian Penal Code and the issues of such a marriage are illegitimate.
In India no Muslim marrying under or getting his marriage registered under The Special Marriage Act,
1954,can marry a second wife during the lifetime of his spouse.
c. Absence of proper witnesses: It is essential amongst the Sunnis that at least two male witnesses
or one male or two female witnesses must be present to testify that the contract was properly
entered into between the parties. The witnesses must be of sound mind, adult and Muslim.
In Shia Law, a marriage contracted by the spouses themselves or their guardians in private are held valid.
Presence of witnesses is not necessary.
d. Differences of religion: A Sunni male can marry a Muslim female (Of any sect) or a Kitabia.
Marriage with the Kitabia, i.e. a woman who believes in a revealed religion possessing a Divine
Book viz Islam, Christianity and Judaism is valid under the Sunni Law. But he cannot marry an
idolatress or a fire-worshiper. A marriage, however with a idolatress or a fire worshiper is
merely irregular in Sunni Law, but void in Shia Law. A Muslim woman cannot marry any man
who is not a Muslim, whether he is Kitabia (i.e. man believing in a revealed religion possessing a
divine book) or not . According to Mulla, a marriage between a Muslim woman and Non-Muslim
male is irregular. But according to Fyzee, such a marriage is totally void
Under Shia Law, no Muslim, whether male or female can marry a non-Muslim in the Nikahform.
Thus a marriage between a Muslim and a non-Muslim can only take place under The Special Marriage Act,
1954.
e. Woman undergoing Iddat: Iddat is a period during which it is incumbent upon a woman, whose
marriage has been dissolved by divorce or death of her husband to remain in seclusion and to
abstain from marrying another husband
Under Sunni Law marriage with a woman undergoing Iddat is irregular and not void. But
under Shia law marriage with a woman who is undergoing Iddat is void.