INSTITUTE

DEPARTMENT OF LAW
Bachelor of Law
Subject Name and Code: FAMILY LAW II and LLT-262
Class: LL.B. [Sem. VI]

FAMILY LAW DISCOVER . LEARN . EMPOWER

 FAMILY LAW-II

CO Number Title Level

CO1 Students will be imparted complete understanding and knowledge Understand  
nature and sources of Muslim Law.
CO2 Students will understand the concept of marriage, kinds of marriages Understand
and divorce under Muslim Law.  

CO3 To give to the student’s complete knowledge of gifts under Muslim Understand
law and also about the law relating to alienation through will.

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FAMILY LAW-II

This Subject provides detail knowledge about

Muslim Law, Students will get in depth
knowledge of all aspects of Muslim Law

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 Essentials of Marriage
PROPOSAL AND ACCEPTANCE
1. To ensure a fair trial where none of the rights of the accused are compromised nor are they unjustifiably
favored.

2. To know the inception of evidence law and its use . 

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 •For those Facts Evidence is Given to the Court by two ways,

•One is Orally and Second is Documentary (includes Electronic Documents),

•Oral Evidence mostly suggest the Verbal deposition before the Court (and not other wise), and Which includes oral
statement regarding materials too,

• Documentary Evidence suggest the Documents.

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 1. There should be a proposal (Ijab) and an acceptance (qubool) of the proposal

2. Neither writing nor any religious ceremony is essential for a valid

MuslimMarriage.

3. The presence of witnesses, however, is nothing more than a mere matter of

evidence; for a marriage without witnesses is fasid (irregular)only, and not
batil (void); in fact in Shia law, the presence of witnesses isnot even
necessary.

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 CAPACITY TO CONTRACT
MARRIAGE
1.The parties to the marriage should have either the capacity to marry or
the capacity to be married.
2. Persons who are not of sound mind, or who have attained puberty, can
be contracted in marriage by their respective guardians.
3.Under Muslim law, every Muslim who is of sound mind and who has
attained puberty, has the capacity to marry. Under Muslim law majority
is attained at puberty.

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 PUBERTY DEFINED
1. Under the Hanafi law, puberty in a minor of either sex, is presumed to have
been attained on completion of the fifteen year. In the case of Shia female,
the age of puberty begins with menstruation.
2 Puberty means the period oflife at which persons become capable of begetting or bearing
children.
3. Puberty in case of female usually commences at the age of thirteen or
fourteen year in India.
4. But under Muslim law, puberty is presumed , in the
absence of evidence, on the completion of the age of fifteen years.

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 GUARDIANSHIP IN MARRIAGE (JABAR)
The order of guardianship for the purpose of marriage is as follows:

1.Father
2. Paternal grandfather, how high so ever
3.Brother and other paternal relatives , in the same order as for inheritence
4. Mother
5. Other maternal relations within the prohibited degrees – and failing all these
The Government
Shia Law – the only guardians recognized by the Shia law are the father and the
paternalgrandfather, how high so ever. A marriage brought about by a person other than the
father or a grandfather is wholly ineffective, unless it is ratified by the minor on attaining
majority.

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 Assessment Pattern

• What is the meaning of Evidence?

• Analyze the various part of Evidence ?
• What are various questions in Evidence ?

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 Assessment Pattern

• What is the meaning of Shia and Sunni?

• Analyze the various impediments of muslim marraige ?
• Who is Guardian ?

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 APPLICATIONS
1. The Muslim law help students in Practice also
2. Students will acquainted with the various modes of Marriage,Divorce .guardianship, gift in Muslim Law

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 REFERENCES

• Dr. M.A Qureshi, Muslim Law (Central Law Publications, 4thEdn. 2012).
• Dr. Poonam Pradhan Saxena, Family Law –II (Lexis Nexis Publications, 3rdEdn. 2011).
•  
• M. Hidayatulla and Arshad Hidayatulla, Mulla’s Principles of MahomedanLaw (19th Edn. 2006)
• Tahir Mahmood, Fyzee’s Outlines of Muhammedan Law (3rd Edn. 2008)
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• Tahir Mahmood, The Muslim Law of India(Law Book Company, 1980 RanganathMisra (Rev.).

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THANK YOU

For queries
Email: kiran.law@cumail.in
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