Family Law II

University of Calcutta · LL.B. Semester 2

Unit 1 — Origin and Development of Muslim Law

Persons Governed by Muslim Law- Sources of Muslim Law: Ancient and Modern sources- Schools of Muslim Law: Statutory authority of courts to apply Muslim law

Unit 2 — Marriage under Muslim Law

Concept of Marriage- Nature and kinds of Muslim marriage- Essentials of valid Muslim marriage- Formalities in Muslim marriage- Impediments to marriage-Kinds of marriage-Concept of Dower: Kinds of dower-Remission of Dower- Enforcement of right to dower. Wife’s rights and remedies on non-payment of dower

Unit 3 — Dissolution of Marriage and Maintenance under Muslim Law

Divorce under Muslim Law- Modes of dissolution of marriage- Types- The Dissolution of Muslim Marriage Act, 1939. Maintenance- Persons entitled to maintenance- Maintenance of divorced women under Muslim Law, Bharatiya Nagarik Suraksha Sanhita, and the Muslim Women (Protection of Rights on Divorce) Act, 1986

Unit 4 — Mohammedan Law of Inheritance And Succession

Rules Governing Sunni and Shia Law of Inheritance- Administration of Estates Under Mohemmedan Law

Unit 5 — Gifts (Hiba)

Law Relating to Gifts: Meaning and essentials of a valid gift-Gift of Mushaa- Gift made during Marz-ul-Maut

Unit 6 — Religious and Charitable Endowments

Meaning-Kinds and Essentials- Wakf: Meaning- Kinds-Advantages and Disadvantages-Pre-emption: Origin-Classification-Effects- Constitutional Validity

Unit 7 — Wills and inheritance

Comparative study

Unit 8 — Indian Succession Act

Indian Succession Act, 1925 and Divorce Act 1869 · The above issues are to be studied with special reference to the aforementioned Acts and relevant case laws on the subject.