Course Content
Syllabus Visualization:
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Visualizing the syallabus:
UNIT-I: Foundations, Marriage, and Dower
The transition from pre-Islamic customs to a structured contractual legal system.
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Sources of Muslim Law:
Schools of Islamic Jurisprudence: Sunni & Shia
Conversion to Islam and its Legal Effects:
The Nature and Essentials of a Valid Marriage (Nikah):
Dower (Mahr): Origin, Nature, and Classification:
The Muslim Women (Protection of Rights on Marriage) Act, 2019: Criminalization of Triple Talaq:
UNIT-II: Divorce and Maintenance
The mechanisms for marital dissolution and the statutory battle for financial security.
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Modes of Divorce: Talaq by Husband, Delegated Divorce, and Mutual Consent
Legal Consequences of the Dissolution of Muslim Marriage
Principles of Maintenance (Nafaqa) under Muslim Law
Maintenance Rights of Muslim Women: Section 125 CrPC vs. The 1986 Act
UNIT-III: Parentage, Guardianship, Gifts, and Wills
The structure of the family unit and the rules governing voluntary property transfers.
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Legal Foundations of Parentage: Maternity, Paternity, and Acknowledgment (Iqrar)
Minority and Welfare: The Dual Concepts of Guardianship (Wilayat) and Custody (Hizanat)
The Doctrine of Hiba: Essentials, Procedures, and Classifications of Gifts
The Law of Wills (Wasiyat): Testamentary Power and Legal Restrictions
UNIT-IV: Waqf and Succession
The permanent dedication of property to the Almighty and the rigid mathematical distribution of an estate.
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The Law of Waqf: Dedication, Classifications, and Statutory Administration
The Office of Mutawalli: Management, Duties, and Removal
The Law of Waqf: Dedication, Classifications, and Statutory Administration
Estate Administration and the Legal Principles of Succession
UNIT-V: Secular and Christian Laws
Territorial jurisdiction, secular exits from personal law, and the linear Christian succession model.
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The Special Marriage Act, 1954: Secular Framework and Legal Consequences
The Law of Domicile: Legal Status, Essentials, and Classification
Christian Matrimonial Law: The Indian Divorce Act, 1869 and Modern Reforms
Christian Succession Law: Principles of Intestate Succession under the ISA, 1925
Christian Intestate Succession: Rules of Distribution and Legal Shares
REVISION TRACKER: FAMILY LAW-II
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UNIT-I: Foundations, Marriage, and Dower
UNIT-II: Divorce and Maintenance
UNIT-III: Parentage, Guardianship, Gifts, and Wills
UNIT-IV: Waqf and Succession
UNIT-V: Secular and Christian Laws
Quick-reference guide for final revisions.
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Quick-reference guide for final revisions.
Family Law II

Focus: Evolution from custom to contract, and the strict formalities of Nikah.

Syllabus Checklist:

  • [ ] Origin and development of Muslim Law.
  • [ ] Sources of Muslim Law.
  • [ ] Schools of Muslim Law & Sub-schools of Sunni Law.
  • [ ] Operation and application of Muslim Law.
  • [ ] Conversion to Islam and effects of conversion.
  • [ ] Law of Marriage: Nature of Muslim Marriage.
  • [ ] Essential requirements of a valid Marriage.
  • [ ] Kinds of Marriages: Void (Batil), irregular (Fasid), and valid (Sahih).
  • [ ] Dower (Mahr): Origin, nature, importance, object, and classification.
  • [ ] The Muslim Women (Protection of Rights on Marriage) Act, 2019.

Quick-Revision Table: Unit I Core Differences

Area of Law

Sunni (Hanafi) Law

Shia (Ithna Ashari) Law

Marriage Witnesses

Essential: 2 males (or 1 male, 2 females).

Not essential at the time of marriage.

Muta (Temporary) Marriage

Void (Batil). Not recognized.

Legally recognized.

 

 

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