Course Handout- Family Law-II

ICFAI Law School

The ICFAI University, Jaipur

THE ICFAI UNIVERSITY, JAIPUR

ICFAI Law School
Course Handout
BA-LL.B (H) / BBA-LL.B (H) / LL.B (Class of 2020-2025) / Class of 2020-2023)
Second Semester: 2021-22

Course Code Course title L T U

ALL 262 / BLL 262 / LL 222 Family Law-II 3 1 3

1. Instructor-in-charge:  Ms. Ameesha Singh

Email id: ameeshasingh@iujaipur.edu.in
Mobile No: +91- 9414296461

2. Scope & Objective of the Course:

1. To explore the relevance of Muslim Law and utility of its study.

2. To make clear that Muslim Law though a personal Law is to be assessed in its applicability
according to the Quran and Hadis.
3. To discuss the nature, purpose and function of ‘Muslim Law’.
4. To trace out origin, growth and evolution of ‘Muslim Law’.
5. To examine the various Sources and Schools of Muslim law.
6. To elucidate historical and contemporary Importance of Muslim law.
7. To analyze the fundamental legal concepts like Marriage, Divorce, Maintenance, Parentage,
Adoption, Inheritance, Guardianship, Succession, Wasiyat, Gift, Waqf of Muslim Law.
8. To explain the concept of Marriage among Parsi and Christian Personal Laws.
9. To elucidate the nature of Special Marriage Act, 1954 and the need of Uniform Civil Code in
India.

3. Learning Outcomes:

At the end of the course a student is expected to understand the various concepts of Muslim Law as
per the injunctions and principles of Quran and Sunna. The various applications of concept and its
associated legal implications through judicial decisions of High Courts and Supreme Court of India. It
is to make Islamic law more understandable and meaningful to students by ensuring that they learn
about the concepts like Marriage, Divorce, Maintenance, Parentage, Adoption, Inheritance,
Guardianship, Succession, Wasiyat, Gift and Waqf.

4. Pedagogy/ Instruction Methodology:

(1) Lecture
(2) Discussions
(3) Assignment
(4) Presentation

5. (a) Textbook(s):

T1 Mohammedan Law, Aqil Ahmad, Central Law Agency , 27th Edition,2021

T2 Principles of Mahommedan Law, Mulla, Lexis Nexis,22nd Edition, 2017

T3 Introduction to Muslim Law, Tahir Mahmood, Saif Mahmood, Universal Law Publishing,2nd
Edition,2017
Family Law (Hindus, Muslims, Christians, Parsis and Jews), Paras Diwan , Allahabad Law Agency,
Course Handout- Family Law-II
ICFAI Law School
The ICFAI University, Jaipur

12th Edition,2016

T4

(b) Reference book(s):

R1 Muslim law , Syed Khalid Rashid /Eastern Book Co, Lucknow,2009

R2 Family Law in India , Prof. G.C.V. Subba Rao / S. Gogia& Co., Hyderabad, 10 th Edition, 2018

R3 Muslim law , Dr. M A Qureshi / Cental Law Publication (2015)

(c) Prescribed Legislations:

I. The Muslim Women (Protection Of Rights On Marriage) Act, 1939 and

Amendment Act, 2019
II. The Muslim Personal Law (Shariat) Application Act, 1937
III. The Wakq Act, 1954
IV. The Dissolution of Muslim Marrriage Act, 1939
V. Code of Criminal Procedure, 1973
VI. Christian Marriage Act, 1872
VII. The Parsi Marriage and Divorce Act, 1936
VIII. Indian Succession Act, 1925
IX. Special Marriage Act, 1954
X. Indian Divorce Act, 1869

(d) Case Studies:

1. Shayara Bano Vs Union of India & Ors, 2017

2. Masroor Ahmed v. State (NCT of Delhi) 2008 (103) DRJ 137 (Del.)
3. Ahmedabad Women Action Group (AWAG) v. Union of India (AIR (1997) 3 SCC 573
4. Sarla Mudgal Vs Union of India, AIR 1995 SC 1531
5. Mohd. Ahmed Khan vs Shah Bano Begum And Ors 1985 SCR (3) 844
6. Ahmedabad Women Action Group (AWAG) v. Union of India (AIR (1997) 3 SCC 573
7. Danial Latifi and another v. Union of India (2001) 7 SCC 740
8. Shamim Ara v. State of U.P. (MANU/SC/0850/2002)
9. Lily Thomas, Etc. vs Union of India & Ors. 2000 (2) ALD Cri 686
10. Chand Patel v. Bismillah Begum (2008) 4 SCC 774
11. Noor Sabha Khatoon v. Md. Quasim AIR 1997 SC 3280
12. Gohar Begum Nazma Begum (1960) 1 SCR 597

(e) Articles:

1. Anita Yadav, Rights of Muslim women: an analysis of Indian Muslim Personal Laws (Article
Published in Book title –“Affirmative Action; Women & Law” ISBN 978-93-8246235-4, year
2015, Lucknow.)
2. Shahbaz Ahmad Cheema, Shia and Sunni Laws of Inheritance: A Comparative Analysis
Pakistan Journal of Islamic Research Vol 10, 2012
3. Sruthi Pandey, “Property Rights of Indian Women” available at: www.
muslimpersonallaw.com
 Course Handout- Family Law-II
ICFAI Law School
The ICFAI University, Jaipur

4. Dr. Nanda Chiranjeevi Rao, Presumption of Marriage under Muslim Law, Indian bar review,
page 119 to 133, Vol. 39, issue 04, Oct- Dec, 2012.
5. Ragini Sahay , Association, Dowry and Dower in Muslim Marriage : A study among Muslim
Telis of Delhi Indian Anthropologist, Vol. 26, No. 1 (June, 1996), pp. 47
http://www.jstor.org/stable/41919792
6. M. AfzalWani, Muslim Women’s Rights to Mahr: An Appraisal of statutory Laws in Muslim
Countries, Journal of Indian Law Institute, Page 387 to 409 vol. 43, issue 03, July – September
2001.
7. Ayan Roy, A study of Guardianship of person and property under Muslim law at
www.ssrn.com
8. Ali Raza Naqvi, Adoption in Muslim Law, Islamic Studies Vol. 19 No. 4 (winter 1980) pp.
283-302 at http://www.jstor.org
9. Tabrez Ahmad, Comparative study of Gift under Islamic law and Transfer of property Law:
Indian perspective, at www.ssrn.com
10.Sukanya Narain, Discriminative Provisions of Islamic Law of Inheritance Against Women, at
www.ssrn.com
11.Indian Christian marriage Act- A review, available at http://www.manupatrafast.in
12.Enabling Justice to Christian Women in India – the issue of divorce available at
http://www.manupatrafast.in
13.Nawaz B. Modythe Press in India: The Shah Bano Judgment and Its Aftermath,Asian Survey,
Vol. 27, No. 8 (Aug., 1987), pp. 935-953.
14.Ashok V. Chowgule , Triple Talaq, Economic and Political Weekly, Vol. 29, No. 26 (Jun. 25,
1994), p. 1554 http://www.jstor.org/
15.Shabbeer Ahmed, UNIFORM CIVIL CODE (ARTICLE 44 OF THE CONSTITUTION)
A Dead Letter, The Indian Journal of Political Science, Vol. 67, No. 3 (JULY - SEPT., 2006), pp.
545-552.

6. Lecture-wise plan:

Suggested
Lectur Module
Topics to be covered Learning Outcome reading from
e No. No.
Text Book

It makes the students to learn

Origin and Development of I about the various sources and T1 – Ch-1,
Mohammedan personal Law: different schools of Islamic Ch-2, Ch-3
Sources of Mohammedan Law law besides knowing about the
1. legal implications of its T2, Ch-1,
application, conversion and its Ch-3 and
effects. (Herein Referred as Ch-4
I)

I I T1 – Ch-1,
Ch-2, Ch-3
2. Sources of Mohammedan Law
T2, Ch-1, Ch-
3 and Ch-4

3. I I T1 – Ch-4
Schools of Mohammedan Law,
Course Handout- Family Law-II
ICFAI Law School
The ICFAI University, Jaipur

T2 – Ch-3
Mohammedan Law in India
I I T1 – Ch-4
4. Schools of Mohammedan Law,
Mohammedan Law in India T2 – Ch-3

I I T1 – Ch-5
Application of Mohammedan Law
5. and The Shariat Act, 1937 , Matters T2 – Ch-3
to which Mohammedan Law
Applies
I I T1 – Ch-6
Persons to whom Mohammedan
6. T2 – Ch-3
Law Applies, Conversions and its
Effects
Marriage among Mohammedan: II The Chapter signifies the T1 – Ch-7
Nature of Marriage essentials of a valid marriage
and enlightens the students T2 – Ch-14
7. and gives them an insight into
the types of Marriages in
Islam. (Herein Referred as
II)

II II T1 – Ch-7
Types of Marriages - Valid
8.
Marriage, Irregular Marriage, Void T2 – Ch-14
Marriage
II II T1 – Ch-7
Types of Marriages - Valid
9.
Marriage, Irregular Marriage, Void T2 – Ch-14
Marriage
Muta Marriage II II T1 – Ch-7
10.
T2 – Ch-14

Divorce among Mohammedan: II The Chapter makes the T1 – Ch-9

Modes of Divorce, Legal students learn about the
Consequences of Divorce, The importance of valid T2 – Ch-16
11. Dissolution of Muslim Marriage application of divorce through
Act, 1939 their various modes and
related legal consequences.
(Herein Referred as III)

II III T1 – Ch-9
Modes of Divorce, Legal
12. Consequences of Divorce, The T2 – Ch-16
Dissolution of Muslim Marriage
Act, 1939
13. Dower: Definition, Concept, Nature III The concept of Maintenance T1 – Ch-8
and Its Special Feature is to be explained to the
students to make them T2 – Ch-15
understand the difference
under the Muslim Women
Course Handout- Family Law-II
ICFAI Law School
The ICFAI University, Jaipur

(Protection of Rights on
Divorce) Act, 1986-
Maintenance of wife Under
Section 125 of the Criminal
Procedure Code, 1973 (Herein
Referred as IV)

Kinds of Dower III IV T1 – Ch-8

14.
T2 – Ch-15

Rights of Wife in case of Unpaid III IV T1 – Ch-8

15. Mahr and Enforcement of Right of
Dower T2 – Ch-15

Principles of Maintenance, Persons III IV T1 – Ch-8

16. Entitled to Maintenance
T2 – Ch-14

Rights of Divorced Woman III IV T1 – Ch-8

17.
T2 – Ch-14

Maintenance of wife under III IV T1 – Ch-12

Maintenance Under the Muslim
18. T2 – Ch-14
Women (Protection of Rights on
Divorce) Act, 1986
Maintenance of wife under III IV T1 – Ch-12
Maintenance Under the Muslim
19. Women (Protection of Rights on T2 – Ch-14
Divorce) Act, 1986

Maintenance of wife Under Section III IV T1 – Ch-12

125 of the Criminal Procedure Code,
20. 1973 T2 – Ch-14

Parentage among Mohammedan: IV The chapter deals with the T1 – Ch-10

Paternity, Maternity, Legitimacy of validity of Parentage and
children and Acknowledgement enlightens the students on T2 – Ch-17
legal aspects of Parentage and
21. Guardianship and their
respective differences in Shia
and Sunni. (Herein Referred
as V)

Paternity, Maternity, Legitimacy of IV V T1 – Ch-10

children and Acknowledgement
22.
T2 – Ch-17

Paternity, Maternity, Legitimacy of IV V T1 – Ch-10

children and Acknowledgement
23.
T2 – Ch-17

24. Guardianship among IV V T1 – Ch-11

Course Handout- Family Law-II
ICFAI Law School
The ICFAI University, Jaipur

Mohammedan: Kinds of T2 – Ch-18

Guardianship, Removal of
Guardian , Differences between Shia
and Sunni Law
Kinds of Guardianship, Removal of IV V T1 – Ch-11
25. Guardian , Differences between Shia
and Sunni Law T2 – Ch-18

Kinds of Guardianship, Removal of IV V T1 – Ch-11

26. Guardian , Differences between Shia
and Sunni Law T2 – Ch-18

Succession among Mohammedan: V To understand the various T1 – Ch-18

Objectives of Mohammedan Law – shades and nuances of General and Ch-19
General Rules of Inheritance Rules of Inheritance under
Sunni and Shia Law of T2 – Ch-6,
27. Ch-7, Ch-8
Inheritance and Doctrines of
Fractional Shares. (Herein
Referred as VI)

Sunni Law of Inheritance, Shia Law V VI T1 – Ch-18

of Inheritance and Ch-19
28.
T2 – Ch-6,
Ch-7, Ch-8

Sunni Law of Inheritance, Shia Law V VI T1 – Ch-18

of Inheritance and Ch-19
29.
T2 – Ch-6,
Ch-7, Ch-8

Sunni Law of Inheritance, Shia Law V VI T1 – Ch-18

of Inheritance and Ch-19
30.
T2 – Ch-6,
Ch-7, Ch-8

Doctrines of Fractional Shares, V VI T1 – Ch-18

Major Differences between Sunni and Ch-19
and Shia Laws
31.
T2 – Ch-6,
Ch-7, Ch-8

GIFT(HIBA) among VI To learn about the essentials of T1 – Ch-13

Mohammedan: Definition, Will and Gift and makes the
Essential Components of valid gift students aware of its various T2 – Ch-11
32.
and its revocation legal components. (Herein
Referred as VII)

33. GIFT(HIBA) among VI VII T1 – Ch-13

Mohammedan: Definition,
Essential Components of valid gift T2 – Ch-11
Course Handout- Family Law-II
ICFAI Law School
The ICFAI University, Jaipur

and its revocation

Law relating to Wills among VI VII T1 – Ch-14

Mohammedan: Characteristics of
34. Will, Abatement of Legacies, T2 – Ch-9
Revocation of Wills

Law relating to Wills among VI VII T1 – Ch-14

Mohammedan: Characteristics of
35. Will, Abatement of Legacies, T2 – Ch-9
Revocation of Wills

Law relating to Wakfs among VI Explains Creation, T1 – Ch-15

Mohammedan: Creation and Management, and Statutory and Ch-16
Management, Statutory Regulation Regulation of Wakfs in India.
36. of Wakfs in India, Essential and (Herein Referred as VIII) T2 – Ch-12
Kinds of Wakf

Law relating to Wakfs among VI VIII T1 – Ch-15

Mohammedan: Creation and and Ch-16
Management, Statutory Regulation
37. of Wakfs in India, Essential and T2 – Ch-12
Kinds of Wakf

Pre-emption: Definition, Nature Explains the Shufa T1 – Ch-17

38. and Essentials
T2 – Ch-13

Christian Personal Law: Marriage
among Christians under Christian
Marriage Act, 1872
39.
VII Educates the students in T-4 - Ch-2,
understanding the concept of Ch-3, Ch-4,
Marriage among Christians Ch-7
under Christian Marriage Act,
1872 and Divorce among
Christians under Indian
Divorce Act of 1869 besides
enlightening the students on
Succession under Indian
Succession Act, 1925. (Herein
Referred as IX)

Divorce among Christians under VII IX T-4 - Ch-2,

Indian Divorce Act of 1869, Ch-3, Ch-4,
40. Succession under Indian Succession Ch-7
Act, 1925 (Law related to Wills
only)

41. Parsi Personal Law: Concept of VII IX T-4 - Ch-2,

Marriage among Parsi- Matrimonial Ch-3, Ch-4,
remedies under The Parsi Marriage Ch-7
and Divorce Act, 1936, Succession
among Parsi under Indian
 Course Handout- Family Law-II
ICFAI Law School
The ICFAI University, Jaipur

Succession Act, 1925

Parsi Personal Law: Concept of VII IX T-4 - Ch-2,

Marriage among Parsi- Matrimonial Ch-3, Ch-4,
remedies under The Parsi Marriage Ch-7
42. and Divorce Act, 1936, Succession
among Parsi under Indian
Succession Act, 1925

Special Marriage Act, 1954: VIII Brings awareness among T-4, Ch-19,
Essential Conditions of marriage students about essential Ch-20, Ch-21
under Special Marriage Act, 1954- Conditions and Matrimonial
43. Matrimonial Remedies under Remedies of marriage under
Special Marriage Act, 1954 Special Marriage Act, 1954.
(Herein Referred as X)

Special Marriage Act, 1954: VIII X T-4, Ch-19,

Essential Conditions of marriage Ch-20, Ch-21
44. under Special Marriage Act, 1954-
Matrimonial Remedies under
Special Marriage Act, 1954

Uniform Civil Code: Uniform Civil VIII The chapter educates the T-4, Ch-19,
Code, Scope, Constitutional students in understanding the Ch-20, Ch-21
45. Mandate and Judicial Perspectives. significance of Uniform Civil
Code

Uniform Civil Code: Uniform Civil VIII The chapter educates the T-4, Ch-19,
Code, Scope, Constitutional students in understanding the Ch-20, Ch-21
46. Mandate and Judicial Perspectives. significance of Uniform Civil
Code

7. Evaluation Scheme:

Weightage
Component Duration (hr/min) Remarks
(%)

Mid-Term Exam 1.5 Hour 30 Test

Class Evaluation/ Moot

Pre-Mid Term & Post- Court/ Assignment and
-- 20
Mid Term presentation/ Problem solving
exercises/Case Studies

Closed book written

Semester Examination 3 Hour 50
Examination

TOTAL 100

8. Chamber Consultation Hours: Every Wednesday between 4.00 pm to 5.00 pm.

 Course Handout- Family Law-II
ICFAI Law School
The ICFAI University, Jaipur

9. Make-up Policy: Make up tests will be allowed to the students only in case of genuine circumstances.
However, there has to be a prior and proper intimation to the Program Coordinator.

10. General:
a. Project topics will cover the given syllabus but it should be aligned with the current legal scenario.
b. Presentation will be a power point presentation followed by a question answer session cum viva.

Date: 01-02-2022 Name & Signature of I/C

(Ameesha Singh)