Focus: Statutory overrides (1939 & 1986 Acts) and the modern constitutional interpretation of marital breakdown.
Syllabus Checklist:
- [ ] Classification of divorce & Different modes of Talaq.
- [ ] Legal consequences of divorce.
- [ ] Validity of Triple Talaq: Judicial Interpretation & Legislative Response.
- [ ] Dissolution of Muslim Marriages Act, 1939 (and Amendments).
- [ ] Maintenance: Principles and persons entitled.
- [ ] The Muslim Women (Protection of Rights on Divorce) Act, 1986.
- [ ] Effect of conversion on maintenance.
Quick-Revision Table: Unit II Core Differences
Aspect of Maintenance | Sunni (Hanafi) Law | Shia (Ithna Ashari) Law |
Maintenance of Relatives | Liability falls on father. If poor, falls on mother, then paternal grandfather. | Liability is shared jointly between mother and paternal grandfather if father is poor. |
Wife’s Right (Arrears) | Cannot claim past arrears unless fixed by agreement/court order. | Can claim arrears even without prior agreement/court order. |