In India, the term Muslim law applies to the personal matters concerning that section of the Indian society composed of people following Islam.
Hence the Muslim personal law governs the institutions of marriage and divorce, adoption, succession, and charity in the Indian Islamic Community.
Mohammedan Law is applicable to those who profess in the unity of God.
Objectives
The knowledge of family laws is important for lawyers. This course is designed to endow the students with knowledge of both the codified and uncodified portions of Mohammedan Law.
The course concerns itself with the sources, schools, institutions, succession, maintenance, the menace of dowry, etc. In addition, the students have to familiarize themselves with the provisions of the Indian Succession Act.
UNIT-I
- Development of Islamic Law: Advent of Islam & development of Muslim Law, Schools of Islamic Law, Whos is a Mohammaden
- Conversion and its consequences on family: Marriage, Guardianship, Succession
- Child and Family: the Shariah Act, J937
- Sources of Islamic Law
- Concept of Marriage: Definition, object, nature, essential requirements of a Muslim marriage, classification of marriage – Legal effects of valid, void and irregular marriage – Muta marriage
- Customary practices and State regulation: Polygamy
- Child marriage
- Option of Puberty
- Dower
- Kinds of Dower: Dower when confirmed
- Widow’s Right of Retention
UNIT-II
- Parentage Legitimacy, and Acknowledgement of Paternity Custody, Maintenance and education, Guardianship and parental rights.
- Matrimonial Remedies under Islamic Law and Indian Divorce Act
- 1869(Amended Act) — Modes of Talak — Effects of Talak — Iddat – Nullity of marriage – Bar to matrimonial relief
- Alimony and Maintenance: Alimony and Maintenance as an independent remedy
- A review under Muslim law, Indian Divorce Act,1869, provisions under the Criminal Procedure Code, 1973
- Maintenance of divorced Muslim Women under the Muslim Women (Protection of Rights on Divorce) Act, 1986.
UNIT-III
- Will-Meaning, Limitations on a Mohammaden in making a will
- Difference between will and gift, Will made in death bed or during illness
- Gifts(Hiba) : Essentials of Valid Gift
- Kinds of Hiba
- Revocation of Gifts
- Wakf
- Essentials of valid Wakf: Mutawalli — Appointment — Powers and Duties of Mutawalli
- Law relating Pre-emption
- Nature of Right of Pre-emption
- Who can Pre-empt
- Formalities
- When the Right of Pre-emption is lost.
Unit IV
- Muslim law of Inheritance- Shia and Sunni schools
- Distribution of property under Indian Succession Act of 1925(Of Christians, Parsis)
- Domicile- Kinds of Domicile — Modes of acquisition of Domicile
- Parsis Intestate succession and Non Parsis Intestate succession, Succession certificate
- Probate and letters of administration, Powers and Duties of Executor,
UNIT-V
- Wills — Privileged and unprivileged wills – Construction of Wills in brief – Void bequests
- void wills, Kinds of Legacies
- Specific and Demonstrative Legacy
- Ademption of Legacies; – Protection of property of the deceased,
- Appointment of Curator — Powers and Duties Family Courts Act, 1984- Constitution, powers, and its functions
- Need for Uniform Civil Code- Article 44 of Indian Constitution.
Prescribed Books
- Mulla, Principles of Mohammedan Law,(New Delhi: Lexis Nexis 1906)
- Paras Diwan , Law of Intestate and Testamentary Succession, 4th edition,(New Delhi: Universal Law Publishing Co. Ltd, 2013)
Reference Books
- B. B. Mitra ,Indian Succession Act, 1925. 15th Edition, (New Delhi: Jain Book Agency, 2013)
- A. A.A Fyzee, Outlines of Mohammedan Law, (Oxford University Press, 1974)
- Basu, N.D., Law of Succession, 5″ Edition, (Calcutta: Eastern Law House, 1974)
- Paras Diwan, Family Law: Law of Marriage and Divorce in India, (New Delhi: Universal Law Publishing Co. Ltd, 2011)
- A. M. Bhattachargee, Muslim Law and the Constitution (Calcutta: Eastern Law House, 1994)
- Tahir Mohamood, The Muslim Law of India, (Law Book Company, 1980)
- Indian Divorce Act, 1869 – Bare Act
Family Law II: Mohammedan law and Indian succession act LL.B 2nd Semester Syllabus PDF Download
