II: Paper-II : Family Law-II (Muslim Law and other personal Laws)

Subject introduction

Family Law - II (Muslim Law and Other Personal Laws): This course explores the historical roots, sources, and schools of Islamic jurisprudence governing personal matters such as marriage, dower, divorce, parentage, guardianship, gifts, wills, and waqfs. It also examines secular and pluralistic legal frameworks like the Special Marriage Act and Christian intestate succession provisions.

Syllabus

PAPER - II

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

• Unit-I: Origin and development of Muslim Law, Sources of Muslim Law, Schools of Muslim Law, Difference between the Sunni and Shia Schools, Sub-schools of Sunni Law, 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 Marriages, distinction between void, irregular and valid marriage, Dower (Mahr) - Origin, nature and importance of dower, object of dower and classification of dower.

• Unit-II: Divorce - Classification of divorce, different modes of Talaq, Legal consequences of divorce, Dissolution of Muslim Marriage Act, 1939, Maintenance, Principles of maintenance, Persons entitled to maintenance, The Muslim Women (Protection of Rights on Divorce) Act, 1986, Effect of conversion on maintenance and difference between Shia and Sunni Law.

• Unit-III: Parentage - Maternity and Paternity, Legitimacy and acknowledgment, Guardianship - Meaning, Kinds of guardianship, Removal of guardian, Difference between Shia and Sunni Law, Gift - Definition of Gift, Requisites of valid gift, Gift formalities, Revocation of gift, 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.

• Unit-IV: Waqf - Definition, Essentials of Waqf, Kinds of Waqf, Creation of Waqf, Revocation of Waqf, Salient features of the Waqf Act, 1995, Mutawalli - Who can be Mutawalli, Powers and duties of Mutawalli, Removal of Mutawalli and Management of Waqf property, Succession - Application of the property of a deceased Muslim, Legal position of heirs as representatives, Administration, Waqf Tribunals and Jurisdiction.

• Unit-V: Special Marriage Act, 1954, Salient features of Indian Divorce Act, 1869, Domicile, Maintenance to dependents/Spouses, Intestate succession of Christians under the Indian Succession Act, 1925.

• Suggested Readings:

  1. Tahir Mahmood: The Muslim Law of India, Law Book Company, Allahabad.

  2. Aquil Ahmed: Text Book of Mohammadan Law, Central Law Agency, Allahabad.

  3. G.C.V.Subba Rao: Family Law in India, S.Gogia & Company, Hyderabad.

  4. Asaf A.A.Fyzee: Outlines of Mohammadan Law, Oxford University Press, Delhi.

  5. Mulla: Principles of Mohammedan Law.

  6. Paras Divan: Family Law (Hindu, Muslim, Christian, Parsi and Others), Allahabad Law Agency, Allahabad.

  7. M.A.Qureshi: Text Book on Muslim Law, Central Law Publications, Allahabad.

  8. B.R.Varma, Mohammedan Law, Delhi Law House, New Delhi.

Unit-wise notes

Quick Reference

Important Acts and sections

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