FAMILY LAW II (MUSLIM LAW)

Unit I — UNIT I

Development of Islamic Law: Advent of Islam & development of Muslim Law · Schools and Sources of Islamic Law · The Shariat Act, 1937.

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

Unit II — UNIT II

Concept of Marriage (Nikah): Definition, object and nature · Essential requirements of a Muslim marriage, Classification of marriage · Legal effects of valid, void and irregular marriage · Muta marriage · Dower · Divorce (Talaq); Modes of Divorce; Divorce under the Dissolution of Muslim Marriages Act, 1939; Legal Effects of Divorce.

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

Unit III — UNIT III

Guardianship: Meaning and Kinds of Guardianship · Parentage- Legitimacy and Acknowledgement- Special Rules regarding Legitimacy; Acknowledgement of Paternity; Conditions of a valid acknowledgement; Effects of acknowledgement; Distinction between Acknowledgement and Adoption.

• Guardianship Custody (Wali) & Hijnat Definition of Guardian Classification of Guardianship Power of Guardian Disqualification of Guardian
• Paternity Legitimacy, Parentage and Acknowledgment Parentage

Unit IV — UNIT IV

Maintenance: Persons entitled to maintenance-a) wife b) children c) aged/infirm parents · Maintenance of divorced women-provisions under the Criminal Procedure Code1973; Maintenance of divorced Muslim Women under the Muslim Women (Protection of Rights on Divorce) Act,1986. · Relevant provisions for maintenance under Domestic Violence Act.

• Maintenance General Principles of Maintenance
• The Maintenance and Welfare of Parents and Senior Citizens Act, 2007
• Domestic Violence Act, 2005

Unit V — UNIT V

Will and Inheritance: Will-Meaning, difference between will and gift, Will made in death-bed or during illness; · Muslim law of Inheritance- General Principles of Inheritance; Classes of Heirs-Shia and Sunni schools.

Unit VI — UNIT VI

Pre-emption · Law of Gifts · Law of Wakf.

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