خلاصه ماشینی:
The British Courts in India, however, have given effect in certain provinces to customs not in conformity with the principles of Muslim Law. In Bombay and the Punjab, for instance, custom has been expressly declared as valid by Statutes and, what is more, a clear proof of usage will override a rule of Muslim Law. Thus the Bombay Regula• tion IV of 1827 (Ss. 3, 26) runs as follows : "The Law to be observed in the trial of suits shall be.
This is a difficuh: problem to solve, but the weight of evidence and the probabilities of the case arc on the side of those who hold that the Khojahs and other similar Hindu-Muslim communities in India have retained their Hindu laws and customs to a considerable extent ever since their conversion.
She is excluded from inheritance in the presence of sons or near male relatives of the deceased, and is entitled merely to maintenance as in Hindu Law," Again, on the death of a widow, in• testate and without issue, leaving property acquired from her husband, no blood relations of the widow have any· claim to such property.
a son of a Khojah, though living jointly with his father who owns ancestral property, does not acquire any right by birth in such property, as he would do in the Hindu Law so as to entitle him to claim a riuht to partition of the family property in the hands of his father; though at the same time it was held that he has a right to prevent his father from alienating it.