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, menace of
dowry, etc. In addition the students have to familiarize themselves with the provisions of the
Indian Succession Act.
Course contents
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 Shariat Act, 1937;
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 Paris 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, 4” Edition, (New Delhi: Universal
Law Publishing Co. Ltd, 2013)
Reference Books:
B. B. Mitra ,Indian Succession Act, 1925.15™ 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, st 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