Course Content
Syllabus Visualization:
To visualize the entire Family Law-II syllabus for your final revisions, the heavy theoretical concepts are translated into linear, text-based mind maps.
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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

Q4. Explain the concept of Wills (Wasiyat). Discuss its requisites, the rules of revocation, and distinguish between a Will and a Gift. Highlight Shia-Sunni differences.

  1. Meaning of Will (Wasiyat)

A Will is the legal declaration of a Muslim’s intentions with respect to their property, which they desire to take effect after their death. It is an instrument that allows a person to alter the strict Quranic rules of intestate succession, but only to a limited extent.

  1. Requisites of a Valid Will
  • Capacity: The testator must be a major (18 years) and of sound mind.
  • Formality: A Muslim Will can be oral or written. If written, it does not require attestation by witnesses (unlike the Indian Succession Act).
  • The Bequeathable Third Rule: A Muslim cannot bequeath more than 1/3rd of their total net assets (after paying funeral expenses and debts). This rule exists to protect the legal heirs from being disinherited.
  1. Revocation of Will

A Will is ambulatory by nature, meaning it can be revoked by the testator at any time before death.

  • Express Revocation: By writing or oral declaration tearing/destroying the document.
  • Implied Revocation: By an act showing a contrary intention (e.g., the testator bequeaths a house to A, but sells the house to B before dying).
  1. Distinction between Will (Wasiyat) and Gift (Hiba)

Feature

Gift (Hiba)

Will (Wasiyat)

Operation

Operates Inter Vivos (between living persons). Takes effect immediately.

Operates Testamentary (takes effect only after the testator’s death).

Extent of Property

A person can gift their entire (100%) property during their lifetime.

A person can only bequeath up to 1/3rd of their property.

Revocability

Extremely difficult to revoke after delivery of possession.

Highly revocable at any time before death.
  1. Shia vs. Sunni Differences in Wills

Area of Law

Sunni (Hanafi) Law

Shia (Ithna Ashari) Law

Bequest to an Heir

Completely invalid unless the other heirs give their consent after the testator’s death.

Valid up to 1/3rd without the consent of other heirs. Consent is only needed for the excess.

Timing of Consent

Heirs must give consent after the testator dies.

Heirs can give consent either before or after the testator dies.

Suicide of Testator

If a person makes a Will and then commits suicide, the Will remains valid.

If a person does an act of suicide and then makes a Will, the Will is void.
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