DEPARTMENT OF LAW

BAHRIA UNIVERSITY, ISLAMABAD

 Course Title: Islamic Personal Law-II
Class: LLB
Credit Hours: 3 Hours
Learning Outcome of the Course
- To develop the ability of critical analysis of family laws
in the sub continent.
- To study various changes brought by the law of the
land in the classical Muslim law.
- To examine the application of Muslim Law.
- To comprehend the Muslim Family Laws relating to
the life of person like marriage, divorce, maintenance
- To understand the matters relating to the disposal of
property like gifts, wills, wakfs and law of Inheritance.
 Teaching Methodology
• - Basic Lecture Format
• - Discussion (questions & answers)
• - Debate on the topic of the day
• - Group study is highly encouraged
• - Group Presentations
 Evaluation & Grading
The grading will be done as per the policy of the university,
however, the final grade for the course will be determined
based on the total points accumulated in the below areas with
following weightage:
Final Examination (40%)
Mid Term Examination (25%)
Quizzes Total (15%)
Research Assignments (20%)

Note: Late submission of the assignments may result

in deduction of marks.
 Text Books
• - Dr. Tanzelur Rehman, “Code of Muslim Personal Law”
Islamabad. Tahkikati Islami, 1987.
• - Outlines of Muhammadan Law by Asaf A.A. Fyzee.
Reference Books
- Niazi, Dr. Liaqat Ali Khan, Muslim Law and Jurisprudence.
- The Mussalman Waqf Validating Act, 1931.
- Nyazee, Imran Ahsan Khan, Outlines of Islamic Jurisprudence.
- Guardian & Wards Act, 1890.
- Hamid Khan, “Islamic Law of Inheritance” London, Pakistan Law
House, 1999, 2nd Edition.
- Coulson, N.J; “Succession in the Muslim Families” Cambridge,
Cambridge University Press, 1977.
- M. Mahmood, “Principles of Muhammadan Law”, Al Qanoon
Publishers, 2011.
 Course Objectives
• This Course teaches the basic principles of Muslim
Personal Law as a branch of private law. It deals with
the matters relating to the family life of a person like
marriages, divorce, maintenance, etc and also with the
matters relating to the disposal of property like gifts,
wakfs, wills through inheritance law. Though state is
trying to increase its role by introducing various laws
like Muslim Family Law Ordinance, 1961 but most
part of it is still uncodified all over the Muslim world.
This course introduces Muslim Personal Law in its
historical context as well as its current application in
Pakistan.
Lecture Plan
WEEK TOPIC
1 LECTURE: 1
Introduction to the Subject
LECTURE: 2
Definition of Gift, Motive, Capacity.
Essentials of Gift.
2 LECTURE: 3
Exceptions to the Possession element
LECTURE: 4
Forms of Gift (Gift to unborn, non muslim, mosque, etc)
3 LECTURE:5
Kinds of Gift
LECTURE: 6
Musha, Ariya, Sadqa, Marz ul maut
Revocation of gift
4 LECTURE: 7
What is Will? Capacity to make a will
Registration
LECTURE: 8
Limitations
5 LECTURE: 9 (Quiz-1)
LECTURE: 10
Abetment of Legacies
WEEK TOPIC
6 LECTURE: 11
Kinds of Bequest
LECTURE: 12
Execution of Will, Lapse of legacies
Revocation of Will
7 LECTURE: 13
Definition of Waqf, Capacity of Donor & Donee
Differences: Sadqa, Trust, Ariya
LECTURE: 14
Quiz-2
8 (MID TERMS)

9 LECTURE: 15
Creation of Waqf, Subject matter, Waqf created by Will
Essentials of Waqf
Registration, Object, Marz ul Maut
LECTURE: 16
Kinds of Waqf
Doctrine of Cy prus
Revocation of Waqf
WEEK TOPIC
10 LECTURE: 17
Mutawalli, His appointment, Powers and Limitations
Removal of Mutawalli
LECTURE:18
What is Guardianship? Who is Guardian? Who is Minor?
Kinds of Guardian and Guardianship
Right of Custody, rights and limitations
Considerations for the appointment of Guardian
Provisions of Guardians &Ward Act
11 LECTURE: 19
Guardianship of property
Guardianship in marriage
Provisions of Guardians &Ward Act
LECTURE: 20
Quiz-3
12 LECTURE:21
Administration of an Estate
LECTURE:22
General Principles of Inheritance
13 LECTURE:23, 24, 25, 26, 27 & 28
Hanafi Principles of Inheritance
Shia Principles of Inheritance
WEEK TOPIC

14 LECTURE: 29
Inheritance of Khunsa & Khunsa Mushkila
LECTURE: 30
Sec 4 MFLO, 1961
Relevant Cases

15 Project Presentations

16 Revision Week for Finals

WEEK 1
Introduction to Muslim Family Law

• - Muslim Family Law is assuming

increasing importance in law practice.
• - Family basic unit of society
• - Need to understand law that exists to
remove conflicts and friction
• - Aim to mend broken homes.
• - Disposition of Family Cases within 6
months.
Legal Concept Of Gift (Hiba)
in Islam
• Under Muslim Law, the concept of Gift developed much
during the period of 610 AD to 650 AD.

• In general, Muslim law draws no distinction between

real and personal property, and there is no authoritative
work on Muslim law, which affirms that Muslim law
recognizes the splitting up of ownership of land into
estates.
• As per the Muslim Law, a gift is called as Hiba.

• A gift is a transfer of property where interest is

transferred from one living person to another, without
any consideration.

• It is a gratuitous and inter vivos in nature.

 What is Gift?
• Gift means transfer of right of property in
substance by one person to another
without consideration which is a condition
to be fulfilled in order to make a gift valid.
• Sec 138 of Mahomedan Law: Hiba or Gift
Transfer of property (Immediate) without any
exchange.
• Acceptance by or on behalf of other person.
Applicable Principle to know donor’s
intention.
 CAPACITY
• Persons capable of making gifts:

• Section 139 of Mohomedan Law says:

“ Every Muslim of sound mind and

not a minor may dispose of his
property by gift”.
 CAPACITY
• Freedom to alienate property to anyone even to a
stranger.

• Condition: freedom and ownership of the subject

matter of the disposition.

• Sole decision of principle donor of gift. (no

delegated authority of agent)

• Special Power of attorney to make a gift.

• Undue Influence Invalidity of Gift

 Essentials of Gift
 Three essentials of a Gift

Delivery of the
possession of
An acceptance the subject of
of the gift, the gift by donor
A declaration of express or to donee
gift by the donor implied by or on
behalf of donee
 Essentials of Gift
• No delivery of possession leads to
incomplete gift

• Actual or constructive taken of possession

of subject matter of gift.

• Factum of gift must be proved (document,

declaration, acceptance and transfer of
possession)
 Essentials of Gift
• Neither writing nor mutation of names in
revenue record is necessary.

• In case of husband and wife, actual delivery of

possession is necessary.

• Condition imposed on the enjoyment of gift

property is invalid.