Family Law – II (Mohammedan Law)

Unit 1 — Mohammedan 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

Nature of marriage, essential of marriage Khyar-ul-bulug Iddat. Khilwat-us-sahih, Matrimonial stipulations, kinds of marriage and effects of marriage.

• Concept of Marriages and Mehr under Muslim Law

Unit 3 — Mahr

Meaning, nature, kinds, Objects and subject matter. Wife‘s right on non-payment of dower. Dissolution of marriage : Talaq, ha, Zihar Mahr: Meaning, nature, kinds. object and subject matter. Matter. Wife‘s right on non-payment of dower. Dissolution of marriage : Talaq, ha, Zihar, Talaq-ulTafweez, Mubarat, Khula, Lien, Fashk, Section 2 of the Dissolution of Muslim Marriage Act, 1939. Legal effects of divorce.

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

Unit 4 — Pre-emption, Meaning, nature and classification ofHaq shufa (Pre-emption) Right of pre- emption when conflict of law, subject matter and formalities of pre-emption, legal effects of Pre-exemption. Devices for evading preemption.

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

Unit 5 — Gift Hiba

Meaning and requisites of gift (Hiba): Gift of Musha, Conditional and future gifts. Life estate, Life interest, I-Iiba-bil-awaz, Hiba-bil-shart-ulawaj.

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

Unit 6 — Will (Vasiyat)

Competancy of testator and legatee, valid subject of will Testamentary limitations, formalities of a will and abatement of legacy.

Unit 7 — Legitimacy and acknowledgment

Legitimacy and legitimation, presumption of legitimacy under Muslim law and section 112 of the Indian Evidence Act, conditions of a valid acknowledgment.

• Paternity Legitimacy, Parentage and Acknowledgment Parentage

Unit 8 — Maintenance

Persons entitled to maintenance, Principles of maintenance, The Muslim Women (Protection of Rights on Divorce) Act, 1986.

• Maintenance General Principles of Maintenance

Unit 9 — Death Bed Transactions

Meaning and effect of Marj-ul-maut.

Unit 10 — Wakf

Meaning, essential and kinds. Beneficiaries of wakf. The Wakf validating Act, 1913. Formalities for creation wakf, wakf of Musha, Muslim religions institutions and officers. Administration of Wakfs, Mutawali.

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

Unit 11 — Inheritance

General Principles of law of inheritance. Doctrine ofAul and Radd under hanafi and shia law.