CODE 1503- FAMILY LAW – II (MOHAMMEDAN LAW) (QUESTION-ANSWER SERIES) मुस्लिम विधी

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