FAMILY LAW-II (Muslim Law and Other Personal Laws)

Kakatiya University · LL.B. Semester 2 · P-II

Unit I

Origin and development of Muslim law- Sources of Muslim Law- Schools of Muslim law · Difference between Sunni and Shia schools –Sub-Schools -Operation and application of Muslim law -Conversion to Islam- Effects of conversion-–Law of marriage -nature of Muslim marriage · Essential requirements of Valid Marriage · Kinds of Marriage -distinction between valid, irregular and void marriage –Muta marriage · Dower- Origin nature and importance of Dower- object of Dower and classification of Dower

Unit II

Divorce/Talaq · Dissolution of Muslim Marriage-Classification of divorce · -Legal consequences of divorce · Dissolution of Muslim marriage Act, 1939 · Triple Talaq-The Muslim Women (Protection of Rights and Divorce) Act, 1986 · The Muslim Women (Protection of Rights on Marriage) Act, 2019 · Maintenance -Principles of maintenance, persons entitled to maintenance –Effects of conversion on maintenance and difference between Shia and Sunni law

Unit III

Gift · Definition of gift · Requisites of valid gift · Gift formalities -Revocation of gifts- Kinds of gift -Wills · Meaning of Will- Requisites of valid Will- Revocation of Will -Distinction between Will and Gift- Difference between Shia and Sunni Law- Definition- Essentials of Wakfs -Kinds of Wakfs- Creation of Wakfs- Revocation of Wakf- Salient features of Wakf Act, 1995- Mutawalli- Who can be a Mutawalli · Powers and duties of Mutawalli- Removal of Mutawalli and management of Wakf property- Wakf Tribunals and jurisdiction

Unit IV

Parentage · Maternity and Paternity -Legitimacy and acknowledgement- Guardianship -meaning -Kinds of guardianship -Removal of guardian -Difference between Shia and Sunni law · Succession- Sunni(Hanafi) and Shia law of succession –Doctrines of Aul and Radd- Difference between Sunni and Shia law of succession

Unit V

The Christian Marriage Act , 1872 · Indian Divorce Act, 1872 · Salient features of The Indian Divorce (Amendment ) Act, 2001 · Matrimonial Remedies under Divorce Act 2001- Domicile · Codicil-Probate and Letters of Administration -Succession Certificate-Kinds of Wills · Intestate succession of Christian under Indian Succession Act , 1925 · Salient features of The Special Marriage Act, 1954