FAMILY LAW – II (MUSLIM LAW)

Unit 1 — Muslim Law

Origin, Development, Sources, Schools, Application, Interpretation and Conversion.

• Sources of Muslim Law Shariat Application Act, 1937 Sources of Mohammedan Law
• Schools of Muslim Law

Unit 2 — Marriage

i. Nature of marriage, Essential of marriage, Khyar-ul-bulugh, Iddat, Khilwat-ul-sahiha, Matrimonial stipulations, Kinds of marriage and effects of marriage. ii. Dower (Mahr) : Meaning, Nature, Kinds, Objects and Subject matter, Wife's rights on non payment of dower. iii. Dissolution of marriage: Talaq, Talaq-ul-Sunnat , Talaq-ul-Bidaat, Ila, Zihar, Talaq-e-tafweez, Mubarat, Khula, Lien, Faskh, The dissolution of Muslim Marriage Act, 1939-Section 2, Position of Triple Divorce in India, Legal effects of divorce, and rights and duties of parties. iv. Guardianship: Appointment of guardian, Kinds of guardianship

• Concept of Marriages and Mehr under Muslim Law
• Dissolution of Muslim Marriage

Unit 3 — i. Pre-emption

Meaning, Nature and Classification of Haq Shufa (Pre-emption), Rights of pre-emption, conflict of laws, subject matter and formalities of preemption, legal effects of pre-emption, Devices for evading pre-emption. ii. Gift (Hiba): Meaning and requisities of gift (Hiba); Gift of Musha, Conditional and future gifts, Life estate, Life interest, Hiba-bil-ewaz, Hiba-bil-Shartul-ewaz,

• Property Hiba Doctrine of Pre emption Mutawali — powers and duties

Unit 4 — i. Will (Vasiyat)

Competence of testator and legatee valid subjects of will : Testamentary limitations, Formalities of a will and abatement of legatee. Legitimacy and acknowledgement: Legitimacy and legitimation Presumption of legitimacy under Muslim Law and Section 116 Bhartiya Sakshya Adhiniyam 2023, conditions of a valid acknowledgement., conditions of a valid acknowledgement. Death Bed Transactions: Meaning and effect of Marj-ul-maut ii. Maintenance: Person entitled to maintenance, Principles of maintenance, The Muslim Women (Protection of Rights on Divorce) Act, 1986.

Unit 5 — i. Waqf

Meaning, essentials and kinds, Beneficiaries of Waqf, The Waqf Validating Act, 1913 and 1939, Formalities for creation of Waqf, Waqf of musha, Muslim religious institutions and officers Administration of waqfs, Mutawally ii . Inheritance : General principles of law of inheritance under Hanafi and Shia Law, doctrine of Aul and Rudd.

• Property Hiba Doctrine of Pre emption Mutawali — powers and duties