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Ambedkar LLB 1st year (Question-Answer Series) Muslim Laws ( मुस्लिम विधी ) (2022)  (Hindi Medium)

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Author: Parth`
Book Code: OBM/21/10/173193
Publisher: Parth Publishers
University: DR. BHIMRAO AMBEDKAR LAW UNIVERSITY, JAIPUR

Product Details

 Ambedkar LLB 1st year (Question-Answer Series) Muslim Laws

The book prepared according to following syllabus Question-Answer Format in Hindi Medium. 

 

PAPER 1.4. FAMILY LAW – II (MOHAMMEDAN LAW)

SCHEME OF PAPER: MAX. MARKS: 100 MIN. PASS MARKS: 36

(1) There shall be ten questions in the examination paper, two questions from each unit. The candidate is required to attempt five questions, one question from each unit is compulsory. All questions carry equal marks. (2) The syllabus includes latest amendments in the subject wherever applicable.

OBJECTIVES OF THE COURSE: The subject of family law is important to understand those rights and obligations, to regulate the family matters through the law and thus to minimize conflicts within the family this subject is also important to understand the various reliefs in family disputes. This course involves the student with the introduction of Muslim law as it affects property relations. It primarily covers the concept of Marriage, Divorce Pre-emption, Will etc., the provisions relating to intestate and testamentary succession applicable to persons of all denominations and other provisions relating to Wakf etc. in the law with latest amendments.

UNIT - I

Mohammedan Law:

History and Origin, Development, Sources, Schools, Application, Interpretation and Conversion;

UNIT - II

Marriage:

Definitions, Nature of Marriage, Essentials of Marriage; Prohibitions of Marriage, Khyar-ulbulugh, Matrimonial Stipulation, Kinds of Marriage and Effects of Marriage. Mahr: Meaning, Nature, Kinds, Object and Subject-Matter. Wife‘s rights on non-payment of dower; Judicial Responses. Dissolution of Marriage: By Death of either party, By Act of either parties, By Mutual Consent, By Court – Section 2 of the dissolution of Muslim Marriage Act, 1939 (including amendments if any); Legal effects of divorce, Iddat, Hiba-e-Muddat, Legal Status of Triple Talaq, Concept of Halala; Judicial Responses. Muslim Women (Protection of Rights on Marriage) Act, 2019: Need, Importance, Objectives; Definition, Concept, Key features of the Act; Judicial Responses;

UNIT - III

Pre-emption:

Meaning, Nature and Classification of Haq Shufa (Pre-emption); Rights of pre-emption, when Conflict of Laws, Subject matter and Formalities of Pre-emption, legal effects of preemption, Devices for evading pre-emption; Judicial Responses.  Gift : Meaning and requisites to gift (Hiba); Gift of Musha, Conditional and Future Gifts, Life Estate, Life Interest, (Hiba-bil-Ewaj, Hiba-ba-Shartul-Ewaj); Judicial Responses;

UNIT - IV

Will (Vasiyat) Competence of Testator and Legatee, Valid subjects of Will: Testamentary Limitations, Formalities of a Will and Abatement of Legacy; Judicial Responses. Legitimacy and Acknowledgement: Legitimacy and Legitimation, Presumption of Legitimacy under Muslim Law and Section 112 of the Indian Evidence Act, 1872 Conditions of a Valid Acknowledgement; Judicial Responses. Maintenance: Persons entitled to Maintenance, Principles of Maintenance; The Muslim Women (Protection of Rights on Divorce) Act, 1986; Need, Importance, Objectives; Definition, Concept, Key features of the Act; Judicial Responses. Death Bed Transactions : Meaning and Effect of Marz-ul-Maut;

UNIT - V

Wakf:

Meaning, Essentials and Kinds, Beneficiaries of Wakf; The Mussalman Wakf Validating Act, 1913, The Wakf Act, 1955;Need, Importance, Objectives; Definition, Concept, Key features of the Acts; Judicial Responses. Formalities for Creation of Wakf; Wakf of Musha; Muslim religious institution and officers; Administration of Wakf; Mutawalli; The Wakf (Amendment) Act, 2013- Need, Importance, Objectives; Definition, Concept, Key features of the Amendment; Judicial Responses. Inheritance: General Principles, Doctrines of Aul and Radd under Hanafi and Shia Law; ]

LEADING CASES:

1) Danial Latifi v. Union of India (2001) 1 SC 740 2) Habibur Rahman v. Altaf Ali (1921) 42 IA 114 3) M/s Shabnam Hashmi v. Union of India AIR 2014 SC 1281 4) Maina Bibi v. Choudhary Vakil Ahmed, (1923) 52 IA 145 5) Mohd. Ahmed Khan v. Shah Bano Begum, AIR (1985) SC 945 6) Moonshee Buzul-uI-Rahim v. Lateefunnisa, (1861) 8, MIA 379. 7) Shabana Bano v. Imran Khan, AIR (2010) SC 305 8) Shayara Bano v. Union of India and Ors., (2017) 9 SCC 1

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