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

Focus: The “Inter Vivos” vs. “Testamentary” property transfers and the strict rules of custody.

Syllabus Checklist:

  • [ ] Parentage: Maternity and Paternity.
  • [ ] Legitimacy and Acknowledgment (Iqrar).
  • [ ] Guardianship (Wilayat): Meaning, Kinds, and Removal.
  • [ ] Gift (Hiba): Definition, Requisites, Formalities, Revocation, and Kinds.
  • [ ] Wills (Wasiyat): Meaning, Requisites, and Revocation.

Quick-Revision Tables: Unit III Core Differences

  1. Custody (Hizanat)

Aspect

Sunni (Hanafi) Law

Shia (Ithna Ashari) Law

Mother’s Right to Custody

Male child until age 7. Female child until puberty.

Male child until weaning (~2 yrs). Female child until age 7.

Loss of Hizanat

Loses custody if she marries a “stranger”.

Loses custody if she marries any person.
  1. Property Transfers: Gift vs. Will

Feature

Gift (Hiba)

Will (Wasiyat)

Operation

Operates Inter Vivos (takes effect immediately).

Operates Testamentary (takes effect after death).

Extent of Property

Can gift the entire (100%) property.

Can only bequeath up to 1/3rd.

Revocability

Extremely difficult after delivery of possession.

Highly revocable before death.
  1. Wills (Wasiyat): School Differences

Area of Law

Sunni (Hanafi) Law

Shia (Ithna Ashari) Law

Bequest to an Heir

Invalid unless other heirs consent after testator’s death.

Valid up to 1/3rd without consent.

Timing of Consent

Heirs must consent after death.

Heirs can consent before or after death.

 

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