Family Law II
Dr. Bhimrao Ambedkar Law University, Jaipur · LL.B. Semester 2 · 2.4
Unit I — Introduction to Family Law
1.1 Sources of Muslim Law, · 1.2 Application of Muslim Law, · 1.3 Nature and Origin of Muslim Law as Applied and Interpreted in India, · 1.4 Schools of Muslim Law, Migration and Change of Religion. · 1.5 Concept of Marriage in Muslim Law – A Sacrament or Contract, Essentials of a Valid Marriage, Kinds of Marriage and Effects of Void, Irregular and Valid Marriages, Effects of Conversion.
Unit II — Dower
2.1 Concept of Dower in Muslim Law, · 2.2 Type of Dower, Nature of Dower -whether Inheritable and Transferable, · 2.3 Wife’s Right of Retention of Property in lieu of Mahr, Effects of Non-Payment of Dower. Maintenance: · 2.4 Provisions regarding maintenance for wife and other dependents in Muslim Law, · 2.5 Implications of the Muslim Women (Protection of Rights on Divorce) Act, 1986, Provisions in Cr. P.C. (Sec.125-128), Judicial Approach
Unit III — Matrimonial Reliefs
3.1 Theories of Divorce, · 3.2 Grounds & Kinds of Divorce under Muslim Law, Guardianship, Parentage and Adoption: · 3.3 Laws of Guardianship, · 3.4 Type of Guardian, · 3.5 Legitimacy and Legitimation, Acknowledgement of Sonship under Muslim Law, Adoption under Muslim Law – Whether Recognized or Not?
Unit IV — Gift/Hiba
4.1 Concept of Gift/Hiba under Muslim Law. · 4.2 Types of Gifts Wakf. · 4.3 Concept of Wakf under Muslim Law; Object, Essentials and Kinds of Wakf; Doctrine of Musha; Mutawalli; Wakf and Sadaqah Distinguished. Testamentary Succession & Intestate Succession. · 4.4 Will under Muslim Law, Will under Indian Succession Act, 1925, Law of Inheritance under Muslim Law, Intestate Succession under Indian Succession Act, 1925. Law of Pre- Emption. · 4.5 Concept of Pre-Emption, Law of Pre-Emption or Shufaa under Muslim Law, Constitutional Validity of the Right of Pre-Emption.